Public Law 101-238, 103 Stat. 2099
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 "8 USC 1101 note" may be cited as the "Immigration Nursing
Relief Act of 1989".
SEC. 2. "8 USC 1255 note" ADJUSTMENT OF STATUS FOR CERTAIN H-1
NONIMMIGRANT NURSES.
(a) IN GENERAL. -- The numerical limitations of sections 201 and 202
of the Immigration and Nationality Act shall not apply to the adjustment
of status under section 245 of such Act of an immigrant and the
immigrant's accompanying spouse and children --
(1) who, as of September 1, 1989, has the status of a
nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such
Act to perform services as a registered nurse,
(2) who, for at least 3 years before the date of application
for adjustment of status (whether or not before, on, or after, the
date of the enactment of this Act), has been employed as a
registered nurse in the United States, and
(3) whose continued employment as a registered nurse in the
United States meets the standards established for the
certification described in section 212(a)(14) of such Act.
The Attorney General shall promulgate regulations to carry out this
subsection by not later than 90 days after the date of the enactment of
this Act.
(b) TRANSITION. -- For purposes of adjustment of status under
section 245 of the Immigration and Nationality Act in the case of an
alien who, as of December 31, 1989, is present in the United States in
the lawful status of a nonimmigrant under section 101(a)(15)(H)(i) of
such Act to perform services as a registered nurse, or who is the spouse
of child of such an alien, such an alien shall be considered as having
continued to maintain lawful status as such a nonimmigrant until the end
of the 120-day period beginning on the date the Attorney General
promulgates regulations carrying out subsection (a).
(c) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS. --
The definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
(d) APPLICATION PERIOD. -- The alien, and accompanying spouse and
children, must apply for such adjustment within the 5-year period
beginning on the date the Attorney General promulgates regulations
required under subsection (a).
SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING
5-YEAR PERIOD.
(a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION FOR
NONIMMIGRANT NURSES. -- Section 101(a)(15)(H)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended --
(1) by inserting "(a) who is coming temporarily to the United
States to perform services as a registered nurse, who meets the
qualifications described in section 212(m)(1), and with respect to
whom the Secretary of Labor determines and certifies to the
Attorney General that an unexpired attestation is on file and in
effect under section 212(m)(2) for the facility for which the
alien will perform the services, or (b)" after "(i)", and
(2) by inserting "(other than services as a registered nurse)"
after "to perform services".
(b) REQUIREMENTS. -- Section 212 of such Act (8 U.S.C. 1182) is
amended by adding at the end the following new subsection:
"(m)(1) The qualifications referred to in section
101(a)(15)(H)(i)(a), with respect to an alien who is coming to the
United States to perform nursing services for a facility, are that the
alien --
"(A) has obtained a full and unrestricted license to practice
professional nursing in the country where the alien obtained
nursing education or has received nursing education in the United
States or Canada;
"(B) has passed an appropriate examination (recognized in
regulations promulgated in consultation with the Secretary of
Health and Human Services) or has a full and unrestricted license
under State law to practice professional nursing in the State of
intended employment; and
"(C) is fully qualified and eligible under the laws (including
such temporary or interim licensing requirements which authorize
the nurse to be employed) governing the place of intended
employment to engage in the practice of professional nursing as a
registered nurse immediately upon admission to the United States
and is authorized under such laws to be employed by the facility.
"(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(a),
with respect to a facility for which an alien will perform services, is
an attestation as to the following:
"(i) There would be a substantial disruption through no fault
of the facility in the delivery of health care services of the
facility without the services of such an alien or aliens.
"(ii) The employment of the alien will not adversely affect the
wages and working conditions of registered nurses similarly
employed.
"(iii) The alien will be paid the wage rate for registered
nurses similarly employed by the facility.
"(iv) Either (I) the facility has taken and is taking timely
and significant steps designed to recruit and retain sufficient
registered nurses who are United States citizens or immigrants who
are authorized to perform nursing services, in order to remove as
quickly as reasonably possible the dependence of the facility on
nonimmigrant registered nurses, or (II) the facility is subject to
an approved State plan for the recruitment and retention of nurses
(described in paragraph (3)).
"(v) There is not a strike or lockout in the course of a labor
dispute, and the employment of such an alien is not intended or
designed to influence an election for a bargaining representative
for registered nurses of the facility.
"(vi) At the time of the filing of the petition for registered
nurses under section 101(a)(15)(H)(i)(a), notice of the filing has
been provided by the facility to the bargaining representative of
the registered nurses at the facility or, where there is no such
bargaining representative, notice of the filing has been provided
to registered nurses employed at the facility through posting in
conspicuous locations.
A facility is considered not to meet clause (i) (relating to an
attestation of a substantial disruption in delivery of health care
services) if the facility, within the previous year, laid off registered
nurses. Nothing in clause (iv) shall be construed as requiring a
facility to have taken significant steps described in such clause before
the date of the enactment of this subsection.
"(B) For purposes of subparagraph (A)(iv)(I), each of the following
shall be considered a significant step reasonably designed to recruit
and retain registered nurses:
"(i) Operating a training program for registered nurses at the
facility or financing (or providing participation in) a training
program for registered nurses elsewhere.
"(ii) Providing career development programs and other methods
of facilitating health care workers to become registered nurses.
"(iii) Paying registered nurses wages at a rate higher than
currently being paid to registered nurses similarly employed in
the geographic area.
"(iv) Providing adequate support services to free registered
nurses from administrative and other nonnursing duties.
"(v) Providing reasonable opportunities for meaningful salary
advancement by registered nurses.
The steps described in this subparagraph shall not be considered to be
an exclusive list of the significant steps that may be taken to meet the
conditions of subparagraph (A)(iv)(I). Nothing herein shall require a
facility to take more than one step, if the facility can demonstrate
that taking a second step is not reasonable.
"(C) Subject to subparagraph (E), an attestation under subparagraph
(A) shall --
"(i) expire at the end of the 1-year period beginning on the
date of its filing with the Secretary of Labor, and
"(ii) apply to petitions filed during such 1-year period if the
facility states in each such petition that it continues to comply
with the conditions in the attestation.
"(D) A facility may meet the requirements under this paragraph with
respect to more than one registered nurse in a single petition.
"(E)(i) The Secretary of Labor shall compile and make available for
public examination in a timely manner in Washington, D.C., a list
identifying facilities which have filed petitions for nonimmigrants
under section 101(a)(15)(H)(i)(a) and, for each such facility, a copy of
the facility's attestion under subparagraph (A) (and accompanying
documentation) and each such petition filed by the facility.
"(ii) The Secretary of Labor shall establish a process for the
receipt, investigation, and disposition of complaints respecting a
facility's failure to meet conditions attested to or a facility's
misrepresentation of a material fact in an attestation. Complaints may
be filed by any aggrieved person or organization (including bargaining
representatives, associations deemed appropriate by the Secretary, and
other aggrieved parties as determined under regulations of the
Secretary). The Secretary shall conduct an investigation under this
clause if there is reasonable cause to believe that a facility fails to
meet conditions attested to.
"(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination as to
whether or not a basis exists to make a finding described in clause
(iv). If the Secretary determines that such a basis exists, the
Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
"(iv) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that a facility (for which an attestation is made) has
failed to meet a condition attested to or that there was a
misrepresentation of material fact in the attestation, the Secretary
shall notify the Attorney General of such finding and may, in addition,
impose such other administrative remedies (including civil monetary
penalties) in an amount not to exceed $1,000 per violation) as the
Secretary determines to be appropriate. Upon receipt of such notice,
the Attorney General shall not approve petitions filed with respect to a
facility during a period of at least 1 year for nurses to be employed by
the facility.
"(v) In addition to the sanctions provided under clause (iv), if the
Secretary of Labor finds, after notice and an opportunity for a hearing,
that a facility has violated the condition attested to under
subparagraph (A)(iii) (relating to payment of registered nurses at the
prevailing wage rate), the Secretary shall order the facility to provide
for payment of such amounts of back pay as may be required to comply
with such condition.
"(3) The Secretary of Labor shall provide for a process under which a
State may submit to the Secretary a plan for the recruitment and
retention of United States citizens and immigrants who are authorized to
perform nursing services as registered nurses in facilities in the
State. Such a plan may include counseling and educating health workers
and other individuals concerning the employment opportunities available
to registered nurses. The Secretary shall provide, on an annual basis
in consultation with the Secretary of Health and Human Services, for the
approval or disapproval of such a plan, for purposes of paragraph
(2)(A)(iv)(II). Such a plan may not be considered to be approved with
respect to the facility unless the plan provides for the taking of
significant steps described in paragraph (2)(A)(iv)(I) with respect to
registered nurses in the facility.
"(4) The period of admission of an alien under section
101(a)(15)(H)(i)(a) shall be for an initial period of not to exceed 3
years, subject to an extension for a period or periods, not to exceed a
total period of admission of 5 years (or a total period of admission of
6 years in the case of extraordinary circumstances, as determined by the
Attorney General).
"(5) For purposes of this subsection and section 101(a)(15)(H)(i)(a),
the term 'facility' includes an employer who employs registered nurses
in a home setting.".
(c) IMPLEMENTATION. "8 USC 1182 note" -- The Secretary of Labor (in
consultation with the Secretary of Health and Human Services) shall --
(1) first publish final regulations to carry out section 212(m)
of the Immigration and Nationality Act (as added by this section)
not later than the first day of the 8th month beginning after the
date of the enactment of this Act; and
(2) provide for the appointment (by January 1, 1991) of an
advisory group, including representatives of the Secretary, the
Secretary of Health and Human Services, the Attorney General,
hospitals, and labor organizations representing registered nurses,
to advise the Secretary --
(A) concerning the impact of this section on the nursing
shortage,
(B) on programs that medical institutions may implement to
recruit and retain registered nurses who are United States
citizens or immigrants who are authorized to perform nursing
services,
(C) on the formulation of State recruitment and retention plans
under section 212(m)(3) of the Immigration and Nationality Act,
and
(D) on the advisability of extending the amendments made by
this section beyond the 5-year period described in subsection (d).
(d) LIMITING APPLICATION OF NONIMMIGRANT CHANGES TO 5-YEAR PERIOD.
-- "8 USC 1182 note" The amendments made by the previous provisions of
this section shall apply to classification petitions filed for
nonimmigrant status only during the 5-year period beginning on the first
day of the 9th month beginning after the date of the enactment of this
Act.
SEC. 4. FRAUD PREVENTION IN SAW PROGRAM.
(a) Section 210(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1160(a)(3)) is amended by --
(1) inserting "(A)" before "During", and
(2) inserting at the end of such paragraph the following new
subparagraph:
"(B) Before any alien becomes eligible for adjustment of status
under paragraph (2), the Attorney General may deny adjustment to
permanent status and provide for termination of the temporary
resident status granted such alien under paragraph (1) if --
"(i) the Attorney General finds by a preponderance of the
evidence that the adjustment to temporary resident status was the
result of fraud or willful misrepresentation as set out in section
212(a)(19), or
"(ii) the alien commits an act that (I) makes the alien
inadmissible to the United States as an immigrant, except as
provided under subsection (c)(2), or (II) is convicted of a felony
or 3 or more misdemeanors committed in the United States.".
(b) Section 210(b)(6)(A) of the Immigration and Nationality Act (8
U.S.C. 1160) is amended to read as follows:
"(A) use the information furnished pursuant to an application
filed under this section for any purpose other than to make a
determination on the application including a determination under
subparagraph (a)(3)(B), or for enforcement of paragraph (7).".
SEC. 5. "8 USC 1324a note" PILOT PROJECTS FOR SECURE DOCUMENTS.
(a) CONSULTATION. -- Before June 1, 1991, the Attorney General shall
consult with State governments on any proper State initiative to improve
the security of State or local documents which would satisfy the
requirements of section 274A(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324a). The result of such consultations shall be
reported, before September 1, 1991, to the Committees on the Judiciary
of the Senate and House of Representatives of the United States.
(b) ASSISTANCE FOR STATE INITIATIVES. -- After such consultation
described in subsection (a), the Attorney General shall make grants to,
and enter into contracts with (to such extent or in such amounts as are
provided in an appropriation Act), the State of California and at least
2 other States with large immigrant populations to promote any State
initiatives to improve the security of State or local documents which
would satisfy the requirements of section 274A(b)(1) of the Immigration
and Nationality Act.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to the Attorney General $10,000,000 for fiscal year 1992 to
carry out subsection (b).
(d) REPORT REQUIRED. -- The Attorney General shall report to the
Committees on the Judiciary of the Senate and House of Representatives
not later than August 1, 1993, on the security of State or local
documents which would satisfy the requirements of section 274A(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1324a), and any
improvements in such documents that have occurred as a result of this
section.
SEC. 6. ADDITIONAL USES OF STATE LEGALIZATION IMPACT ASSISTANCE
GRANT FUNDS.
(a) IN GENERAL. -- Section 204(c) of the Immigration Reform and
Control Act of 1986 "8 USC 1255a note" is amended --
(1) in paragraph (1) --
(A) by striking "and" at the end of subparagraph (B),
(B) by striking the period at the end of subparagraph (C) and
inserting a comma, and
(C) by inserting after subparagraph (C) the following new
subparagraphs:
"(D) to make payments for public education and outreach
(including the provision of information to individual applicants)
to inform temporary resident aliens regarding --
"(i) the requirements of sections 210, 210A, and 245A of the
Immigration and Nationality Act regarding the adjustment of
resident status,
"(ii) sources of assistane for such aliens obtaining the
adjustment of status described in clause (i), including
educational, informational, referral services, and the rights and
responsibilities of such aliens and aliens lawfully admitted for
permanent residence,
"(iii) the identification of health, employment, and social
services, and
"(iv) the importance of identifying oneself as a temporary
resident alien to service providers,
except that nothing in this subparagraph may be construed as
authorizing the provision of client counseling or an;y other
service which would assume responsibility for the alien's
application for the adjustment of status described in clause (i),
"(E)(i) subject to clause (ii), to make payments for education
and outreach efforts by State agencies regarding unfair
discrimination in employment practices based on national origin or
citizenship status,
"(ii) except that the State agencies shall not initiate such
efforts until after such consultation with the Office of the
Special Counsel for Unfair Immigration-Related Employment
Practices as is appropriate to ensure, to the maximum extent
feasible, a uniform program."; and
(2) in paragraph (2), by adding at the end the following new
subparagraph:
"(D) Of the amount allotted to a State with respect to any fiscal
year, a State may not use more than --
"(i) 1 percent (or, if greater, $100,000) for payments under
paragraph (1)(D), and
"(ii) 1 percent (or, if greater, $100,000) for payments under
paragraph (1)(E).".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "8 USC
1255a note" shall apply to the use of allotments for fiscal years
beginning with fiscal year 1989.
Approved December 18, 1989.
LEGISLATIVE HISTORY -- H.R. 3259:
HOUSE REPORTS: No. 101-288 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 17, considered and
passed House. Nov. 20, considered and passed Senate, amended. Nov. 21,
House concurred in Senate amendment.
Public Law 101-237, 103 Stat. 2062
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) SHORT TITLE. "38 USC 101 note" -- This Act may be cited as the
"Veterans' Benefits Amendments of 1989".
(b) REFERENCES. -- Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 38,
United States Code.
SEC. 2. DEFINITIONS.
(a) TITLE 38, U.S.C. -- Section 101(1) is amended to read as
follows:
"(1) The terms 'Secretary' and 'Administrator' mean the Secretary of
Veterans Affairs, and the terms 'Department' and 'Veterans'
Administration' mean the Department of Veterans Affairs.".
(b) THIS ACT. -- For purposes of this Act, the term "Secretary"
means the Secretary of Veterans Affairs.
SEC. 101. DISABILITY COMPENSATION.
(a) 4.7 PERCENT INCREASE. -- Section 314 is amended --
(1) by striking out "$73" in subsection (a) and inserting in
lieu thereof "$76";
(2) by striking out "$138" in subsection (b) and inserting in
lieu thereof "$144";
(3) by striking out "$210" in subsection (c) and inserting in
lieu thereof "$220";
(4) by striking out "$300" in subsection (d) and inserting in
lieu thereof "$314";
(5) by striking out "$426" in subsection (e) and inserting in
lieu thereof "$446";
(6) by striking out "$537" in subsection (f) and inserting in
lieu thereof "$562;
(7) by striking out "$678" in subsection (g) and inserting in
lieu thereof "$710";
(8) by striking out "$784" in subsection (h) and inserting in
lieu thereof "$821";
(9) by striking out "$883" in subsection (i) and inserting in
lieu thereof "$925";
(10) by striking out "$1,468" in subsection (j) and inserting
in lieu thereof "$1,537";
(11) in subsection (k) --
(A) by striking out "$63" both places it appears and inserting
in lieu thereof "$66"; and
(B) by striking out "$1,825" and "$2,559" and inserting in lieu
thereof "$1,911", and "$2,679", respectively.
(12) by striking out "$1,825" in subsection (l) and inserting
in lieu thereof "$1,911";
(13) by striking out "$2,012" in subsection (m) and inserting
in lieu thereof "$2,107";
(14) by striking out "$2,289" in subsection (n) and inserting
in lieu thereof "$2,397";
(15) by striking out "$2,559" each place it appears in
subsections (o) and (p) and inserting in lieu thereof "$2,679";
(16) by striking out "$1,098" and "$1,636" in subsection (r)
and inserting in lieu thereof "$1,150" and "$1,713", respectively;
and
(17) by striking out "$1,643" in subsection (s) and inserting
in lieu thereof "$1,720"; and
(b) SPECIAL RULE. -- The Secretary may adjust administratively,
consistent with the increases authorized by this section, the rates of
disability compensation payable to persons within the purview of section
10 of Public Law 85-857 who are not in receipt of compensation payable
pursuant to chapter 11 of title 38, "38 USC 314 note" United States
Code.
SEC. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 315(1) is amended --
(1) by striking out "$88" in clause (A) and inserting in lieu
thereof "$92";
(2) by striking out "$148" and "$46" in clause (B) and
inserting in lieu thereof "$155" and "$48", respectively;
(3) by striking out "$61" and "$46" in clause (C) and inserting
in lieu thereof "$64" and "$48", respectively;
(4) by striking out "$71" in clause (D) and inserting in lieu
thereof "$74";
(5) by striking out "$161" in clause (E) and inserting in lieu
thereof "$169"; and
(6) by striking out "$136" in clause (F) and inserting in lieu
thereof "$142;
SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 362 is amended by striking out "$395" and inserting in lieu
thereof "$414".
SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING
SPOUSES.
Section 411 is amended --
(1) by striking out the table in subsection (a) and inserting
in lieu thereof the following:
(2) by striking out "$62" in subsection (b) and inserting in
lieu thereof "$65";
(3) by striking out "$161" in subsection (c) and inserting in
lieu thereof "$169"; and
(4) by striking out "$79" in subsection (d) and inserting in
lieu thereof "$83".
SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC FOR ORPHAN CHILDREN. -- Section 413(a) is amended --
(1) by striking out "$271" in clause (1) and inserting in lieu
thereof "$284";
(2) by striking out "$391" in clause (2) and inserting in lieu
thereof "$409";
(3) by striking out "$505" in clause (3) and inserting in lieu
thereof "$529"; and
(4) by striking out "$505" and "$100" in clause (4) and
inserting in lieu thereof "$529" and "$105", respectively.
(b) SUPPLEMENTAL DIC FOR DISABLED ADULT CHILDREN. -- Section 414 is
amended --
(1) by striking out "$161" in subsection (a) and inserting in
lieu thereof "$169";
(2) by striking out "$271" in subsection (b) and inserting in
lieu thereof "$284"; and
(3) by striking out "$138" in subsection (c) and inserting in
lieu thereof "$144".
SEC. 106. "38 USC 314 note" EFFECTIVE DATE FOR RATE INCREASES.
The amendments made by this part shall take effect on December 1,
1989.
SEC. 111. LIMITATIONS ON PENSIONS OF CERTAIN VETERANS RECEIVING
INSTITUTIONAL CARE.
(a) PAYMENT OF PENSION. -- Section 3203(a)(1) is amended --
(1) by striking out "$60" in subparagraphs (A) and (B) and
inserting in lieu thereof "$90";
(2) by striking out "second" in subparagraph (A) and inserting
in lieu thereof "third";
(3) by striking out "hospital or" each place it appears in
subparagraphs (B) and (D).
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "38 USC
3203 note" shall take effect on February 1, 1990.
SEC. 112. EXPANSION OF CLOTHING ALLOWANCE.
Section 362 is amended --
(1) by striking out "Administrator" the first two places it
appears and inserting in lieu thereof "Secretary";
(2) by striking out all after "each veteran" and inserting in
lieu thereof "who --
"(1) because of a service-connected disability, wears or uses a
prosthetic or orthopedic appliance (including a wheelchair) which
the Secretary determines tends to wear out or tear the clothing of
the veteran; or
"(2) uses medication which (A) a physician has prescribed for a
skin condition which is due to a service-connected disability, and
(B) the Secretary determines causes irreparable damage to the
veterans' outergarments.".
SEC. 113. REDUCTION IN PERIOD OF MARRIAGE REQUIRED FOR ELIGIBILITY
FOR CERTAIN SURVIVOR BENEFITS.
Section 418(c)(1) is amended by striking out "two years" and
inserting in lieu thereof "one year".
SEC. 114. TEMPORARY PROGRAM OF VOCATIONAL TRAINING.
(a) REDUCTION IN MAXIMUM AGE OF NEW PENSION RECIPIENTS FOR WHOM
VOCATIONAL EVALUATIONS ARE REQUIRED. -- Section 524(a) is amended by
striking out "50" in paragraphs (1) and (2) and inserting in lieu
thereof "45".
(b) PRESERVATION OF DISABILITY RATING. -- Section 524 is amended by
redesignating subsections (c) and (d) as subsections (d) and (e) and
inserting after subsection (b) the following:
"(c) In the case of a veteran who has been determined to have a
permanent and total non-service-connected disability and who, not later
than one year after the date the veteran's eligibility for counseling
under subsection (b)(3) of this section expires, secures employment
within the scope of a vocational goal identified in the veteran's
individualized written plan of vocational rehabilitation (or in a
related field which requires reasonably developed skills and the use of
some or all of the training or services furnished the veteran under such
plan), the evaluation of the veteran as having a permanent and total
disability may not be terminated by reason of the veteran's capacity to
engage in such employment until the veteran first maintains such
employment for a period of not less than 12 consecutive months.".
SEC. 115. DECISIONS AND NOTICES OF DECISIONS.
(a) IN GENERAL. -- (1) Chapter 51 is amended by inserting after
section 3003 the following new section:
"Section 3004. Decisions and notices of decisions
"(a)(1) In the case of a decision by the Secretary under section
211(a) of this title affecting the provision of benefits to a claimant,
the Secretary shall, on a timely basis, provide to the claimant (and to
the claimant's representative) notice of such decision. The notice
shall include an explanation of the procedure for obtaining review of
the decision.
"(2) In any case where the Secretary denies a benefit sought, the
notice required by paragraph (1) of this subsection shall also include
(A) a statement of the reasons for the decision, and (B) a summary of
the evidence considered by the Secretary.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 3003 the following new
item:
"3004. Decisions and notices of decisions.".
(b) EFFECTIVE DATE. -- Section 3004 of title 38, "38 USC 3004 note"
United States Code, as added by subsection (a), shall apply with respect
to decisions by the Secretary of Veterans Affairs made after January 31,
1990.
SEC. 201. EXTENSION OF CERTAIN EXPIRING PROGRAMS.
(a) RESPITE CARE. -- Section 620B(c) is amended by striking out
"September 30, 1989" and inserting in lieu thereof "September 30, 1992".
(b) STATE HOME GRANT AUTHORITY. -- Section 5033(a) is amended by
striking out "September 30, 1990" and inserting in lieu thereof
"September 30, 1992".
(c) HOMELESS VETERANS. -- Section 115(d) of the Veterans' Benefits
and Services Act of 1988 "38 USC 612 note" (Public Law 100-322; 102
Stat. 501) is amended by striking out "September 30, 1989" and inserting
in lieu thereof "September 30, 1992".
(d) ANNUAL REPORT ON MEANS TEST FOR FURNISHING NON-SERVICE-CONNECTED
HEALTH CARE. -- Section 19011(e)(1) of the Veterans' Health Care
Amendments of 1986 (title XIX of Public Law 99-272; 100 Stat. 379) "38
USC 610 note" is amended by striking out "and 1988" and inserting in
lieu thereof ", 1988 and 1989".
(e) UPDATES OF REPORTS UNDER SECTION 110(e) OF PUBLIC LAW 98-528.
"38 USC 612A note" -- (1) Not later than February 1, 1990, the Special
Committee on Post-Traumatic Stress Disorder (hereinafter in this
subsection referred to as the "Special Committee") established pursuant
to section 110(b)(1) of the Veterans' Health Care Act of 1984 (Public
Law 98-528; 98 Stat. 2691) shall submit concurrently to the Secretary
of Veterans Affairs and the Committees on Veterans' Affairs of the
Senate and House of Representatives (hereinafter in this subsection
referred to as the "Committees") a report containing information
updating the reports submitted by the Secretary under section 110(e) of
such Act, together with any additional information the Special Committee
considers appropriate regarding the overall efforts of the Department of
Veterans Affairs to meet the needs of veterans with post-traumatic
stress disorder and other psychological problems in readjusting to
civilian life.
(2) Not later than 60 days after receiving the report under paragraph
(1), the Secretary shall submit to the Committees any comments
concerning the report that the Secretary considers appropriate.
SEC. 202. REIMBURSEMENT FOR EMERGENCY CARE OF VOCATIONAL
REHABILITATION PARTICIPANTS.
(a) IN GENERAL. -- Section 628(a)(2)(D) is amended by striking out
"found to be" and all that follows through "rehabilitation training and"
and inserting in lieu thereof "(i) a participant in a vocational
rehabilitation program (as defined in section 1501(9) of this title),
and (ii)".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "38 USC
628 note" shall apply with respect to hospital care and medical services
received on or after the date of the enactment of this Act.
SEC. 203. APPOINTMENT OF CERTAIN INDIVIDUALS IN HEALTH-CARE
POSITIONS.
Section 4106 is amended by adding at the end the following new
subsection:
"(h)(1) The Secretary may appoint in the competitive civil service
without regard to the provisions of subchapter I of chapter 33 of title
5 (other than sections 3303 and 3328 of such title) an individual who --
"(A) has a recognized degree or certificate from an accredited
institution in a health-care profession or occupation; and
"(B) has successfully completed a clinical education program
affiliated with the Department.
"(2) In using the authority provided by this subsection, the
Secretary shall apply the principles of preference for the hiring of
veterans and other persons established in subchapter I of chapter 33 of
title 5.".
SEC. 204. APPROVAL OF SPECIAL RATES OF PAY.
Section 4107(g)(4) is amended --
(1) in the first sentence, by striking out "ninety days prior
to" and inserting in lieu thereof "45 days before"; and
(2) by adding at the end the following new sentence: "If,
before such effective date, the President approves such increase,
the Secretary may advance the effective date to any date not
earlier than the date of the President's approval.".
SEC. 205. REVISION IN LIMITATION ON COMPENSATION OF HEALTH-CARE
PERSONNEL WHO ARE RETIRED MILITARY PERSONNEL.
(a) EXTENSION TO REGISTERED NURSES. -- Section 4107(i) is amended --
(1) by inserting ", and registered nurse positions," after
"physician positions"; and
(2) by adding at the end the following new sentence: "The
authority of the Secretary under the preceding sentence with
respect to registered-nurse positions expires on September 30,
1992.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a)(1) "38
USC 4107 note" shall take effect on the first day of the first pay
period beginning on or after the date of the enactment of this Act.
SEC. 206. LEAVE SHARING AND LEAVE BANKS.
(a) IN GENERAL. -- Section 4108 is amended by adding at the end the
following new subsection:
"(e)(1) The Secretary shall establish a leave transfer program for
the benefit of health-care professionals referred to in the matter
preceding clause (1) of subsection (a) of this section. The Secretary
may also establish a leave bank program for the benefit of such
health-care professionals.
"(2) To the maximum extent feasible --
"(A) the leave transfer program shall provide the same or
similar requirements and conditions as are provided for the
program established by the Director of the Office of Personnel
Management under subchapter III of chapter 63 of title 5; and
"(B) any leave bank program established pursuant to paragraph
(1) of this subsection shall be consistent with the requirements
and conditions provided for agency leave bank programs in
subchapter IV of such chapter.
"(3) Participation by a health-care professional in the leave
transfer program establiashed pursuant to paragraph (1) of this
subsection, and in any leave bank program established pursuant to such
paragraph, shall be voluntary. The Secretary may not require any
health-care professional to participate in such a program.
"(4)(A) The Secretary and the Director of the Office of Personnel
Management may enter into an agreement that permits health-care
professionals referred to in paragraph (1) of this subsection to
participate in the leave transfer program established by the Director of
the Office of Personnel Management under subchapter III of chapter 63 of
title 5 or in any leave bank program established for other employees of
the Department pursuant to subchapter IV of chapter 63 of title 5, or
both.
"(B) Participation of such health-care professionals in a leave
transfer program or a leave bank program pursuant to an agreement
entered into under subparagraph (A) of this paragraph shall be subject
to such requirements and conditions as may be prescribed in such
agreement.
"(5) The Secretary is not required to establish a leave transfer
program for any personnel permitted to participate in a leave transfer
program pursuant to an agreement referred to in paragraph (4) of this
subsection.".
(b) IMPLEMENTATION. -- (1) The Secretary shall implement the
programs provided for in subsection (e) of section 4108 of title 38,
United States Code "38 USC 4108 note" (as added by subsection (a) of
this section), not later than October 1, 1990.
(2) "5 USC 6302 note" The authority of the Department of Veterans
Affairs under section 618 of the Treasury, Postal Service and General
Government Appropriations Act, 1989, to operate a leave-transfer program
for employees subject to section 4108 of title 38, United States Code,
is extended until the programs provided for in subsection (e) of such
section 4108 (as added by subsection (a) of this section) are
implemented, but not later than October 1, 1990.
SEC. 207. HEALTH PROFESSIONAL SCHOLARSHIPS.
(a) APPLICANT PRIORITY AND EQUITABLE ALLOCATION FOR NURSING DEGREE
APPLICANTS. -- Section 4312(b)(5) is amended to read as follows:
"(5) In selecting applicants for the Scholarship Program, the
Secretary --
"(A) shall give priority to applicants who will be entering
their final year in a course of training; and
"(B) shall ensure an equitable allocation of scholarships to
persons enrolled in the second year of a program leading to an
associate degree in nursing.".
(b) IMPLEMENTATION REQUIREMENT. -- The Secretary of Veterans Affairs
shall provide for the implementation of the amendment made by subsection
(a) beginning with scholarships awarded under section 4312 of title 38,
"38 USC 4312 note" United States Code, during 1990.
SEC. 301. SHORT TITLE.
This title may be cited as the "Veterans Home Loan Indemnity and
Restructuring Act "38 USC 101 note" of 1989".
SEC. 302. ESTABLISHMENT OF GUARANTY AND INDEMNITY FUND.
(a) NEW FUND. -- (1) Section 1825 is amended to read as follows:
"Section 1825. Guaranty and Indemnity Fund.
"(a) There is hereby established in the Treasury of the United States
a revolving fund known as the Guaranty and Indemnity Fund.
"(b) The Guaranty and Indemnity Fund shall be available to the
Secretary for all operations carried out with respect to housing loans
guaranteed or insured under this chapter that are closed after December
31, 1989, except for operations with respect to loans for any purpose
specified in section 1812 of this title, for loans guaranteed under
section 1811(g) of this title, and for administrative expenses. For
purposes of this subsection, the term 'administrative expenses' shall
not include expenses incurred by the Secretary for appraisals performed
after December 31, 1989, on a contractual basis in connection with the
liquidation of housing loans guaranteed, insured, or made under this
chapter.
"(c)(1) All fees collected under section 1829 of this title for loans
with respect to which the Guaranty and Indemnity Fund is available shall
be credited to such Fund.
"(2) There shall also be credited to the Guaranty and Indemnity Fund
--
"(A) for each loan closed during fiscal year 1990 with respect
to which the Guaranty and Indemnity Fund is available, an amount
equal to 0.375 percent of the original amount of such loan for
each of the fiscal years 1991 and 1992;
"(B) for each loan closed after fiscal year 1990 with respect
to which the Guaranty and Indemnity Fund is available, an amount
equal to 0.25 percent of the original amount of such loan for each
of the three fiscal years beginning with the fiscal year in which
such loan is closed;
"(C) all collections of principal and interest and the proceeds
from the use or sale of property which secured a loan with respect
to which the Guaranty and Indemnity Fund is available;
"(D) amounts required to be credited under subsections (a)(3)
and (c)(2), including amounts credited pursuant to subsections
(a)(4) and (c)(3), of section 1829 of this title;
"(E) fees collected under section 1829(b) of this title with
respect to guaranteed or insured loans that are closed after
December 31, 1989, and subsequently assumed; and
"(F) all income from the investments described in subsection
(d) of this section.
"(d)(1) The Secretary of the Treasury shall invest the portion of the
Guaranty and Indemnity Fund that is not required to meet current
payments made from such Fund, as determined by the Secretary of Veterans
Affairs, in obligations of the United States or in obligations
guaranteed as to principal and interest by the United States.
"(2) In making investments under paragraph (1) of this subsection,
the Secretary of the Treasury shall select obligations having maturities
suitable to the needs of the Guaranty and Indemnity Fund, as determined
by the Secretary of Veterans Affairs, and bearing interest at suitable
rates, as determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
"(e)(1) Notwithstanding subsection (b) of this section, the Guaranty
and Indemnity Fund shall be available to the Secretary, to such extent
as is, or in such amounts as are, provided for in appropriation Acts and
subject to paragraph (2) of this subsection, for --
"(A) contracts for the performance of supplementary services
described in paragraph (2) of section 1824(e) of this title for
which the Secretary is otherwise authorized to contract; and
"(B) the acquisition of supplementary equipment described in
such paragraph,
(not including services or equipment for which the Guaranty and
Indemnity Fund is available under subsection (b) of this section), as
the Secretary determines would assist in ensuring the long-term
stability and solvency of the Guaranty and Indemnity Fund.
"(2) The Secretary may not in any fiscal year obligate more than a
total of $25,000,000 for services or equipment under this subsection and
section 1824(e) of this title.".
(2) Section 1824(e)(3) is amended --
(A) by inserting "a total of" before "$25,000,000"; and
(B) by inserting "and section 1825(e) of this title" before the
period.
(3)(A) The section heading of section 1824 is amended to read as
follows:
"Section 1824. Loan Guaranty Revolving Fund".
(B) The table of sections at the beginning of chapter 37 is amended
by striking out the items relating to sections 1824 and 1825 and
inserting in lieu thereof the following:
"1824. Loan Guaranty Revolving Fund.
"1825. Guaranty and Indemnity Fund.".
(b) ANNUAL SUBMISSION OF INFORMATION. -- (1) Subchapter III of
chapter 37 is amended by adding at the end the following new section:
"Section 1834. Annual submission of information on the Loan Guaranty
Revolving Fund and the Guaranty and Indemnity Fund
"(a) In the documents providing detailed information on the budget
for the Department of Veterans Affairs that the Secretary submits to the
Congress in conjunction with the President's budget submission for each
fiscal year pursuant to section 1105 of title 31, United States Code,
the Secretary shall include --
"(1) a description of the operations of the Loan Guaranty
Revolving Fund and the Guaranty and Indemnity Fund during the
fiscal year preceding the fiscal year in which such budget is
submitted; and
"(2) the needs of such funds, if any, for appropriations in --
"(A) the fiscal year in which the budget is submitted; and
"(B) the fiscal year for which the budget is submitted.
"(b) The matters submitted under subsection (a) of this section shall
include, with respect to each fund referred to in subsection (a), the
following:
"(1) Information and financial data on the operations of the
fund during the fiscal year before the fiscal year in which such
matters are submitted and estimated financial data and related
information on the operation of the fund for --
"(A) the fiscal year of the submission; and
"(B) the fiscal year following the fiscal year of the
submission.
"(2) Estimates of the amount of revenues derived by the fund in
the fiscal year preceding the fiscal year of the submission, in
the fiscal year of the submission, and in the fiscal year
following the fiscal year of the submission from each of the
following sources:
"(A) Fees collected under section 1829(a) of this title for
each category of loan guaranteed, insured, or made under this
chapter or collected under section 1829(b) of this title for
assumed loans.
"(B) Federal Government contributions made under clauses (A)
and (B) of section 1825(c)(2) of this title.
"(C) Federal Government payments under subsections (a)(3) and
(c)(2) of section 1829 of this title.
"(D) Investment income.
"(E) Sales of foreclosed properties.
"(F) Loan asset sales.
"(G) Each additional source of revenue.
"(3) Information, for each fiscal year referred to in paragraph
(2) of this subsection, regarding the types of dispositions made
and anticipated to be made of defaults on loans guaranteed,
insured, or made under this chapter, including the cost to the
fund, and the numbers, of such types of dispositions.".
(2) The table of sections at the beginning of chapter 37 is amended
by inserting after the item relating to section 1833 the following new
item:
"1834. Annual submission of information on the Loan Guaranty
Revolving Fund and the Guaranty and Indemnity Fund.".
(c) CONFORMING AMENDMENTS. -- Section 1824 is amended --
(1) in subsection (b), by inserting before the period at the
end of the first sentence the following: "and the operations
carried out in connection with the Guaranty and Indemnity Fund
established by section 1825 of this title"; and
(2) in subsection (c) --
(A) by inserting after "title" in clause (2) the following:
"for loans closed before January 1, 1990, except that fees
collected (A) for all loans made for any purpose specified in
section 1812 of this title, or (B) under subsection (b) of such
section 1829 for guaranteed or insured loans that are closed
before January 1, 1990, and subsequently assumed shall also be
deposited in the Fund"; and
(B) by inserting after "under this chapter" in clause (3) the
following: "(other than operations for which the Guaranty and
Indemnity Fund established under section 1825 of this title is
available)".
SEC. 303. LOAN FEE.
(a) IN GENERAL. -- Section 1829 is amended to read as follows:
"Section 1829. Loan fee
"(a)(1) Except as provided in subsection (c)(1) of this section, a
fee shall be collected from each veteran obtaining a housing loan
guaranteed, insured, or made under this chapter, and from each person
obtaining a loan under section 1833(a) of this title, and no such loan
may be guaranteed, insured, or made under this chapter until the fee
payable under this section has been remitted to the Secretary.
"(2) The amount of such fee shall be 1.25 percent of the total loan
amount, except that --
"(A) in the case of a loan made under section 1811 or 1833(a)
of this title or for any purpose specified in section 1812 of this
title, the amount of such fee shall be one percent of the total
loan amount;
"(B) in the case of a guaranteed or insured loan for a purchase
(except for a purchase referred to in section 1812(a) of this
title), or for construction, with respect to which the veteran has
made a downpayment of 5 percent or more, but less than 10 percent,
of the total purchase price or construction cost, the amount of
such fee shall be 0.75 percent of the total loan amount; and
"(C) in the case of a guaranteed or insured loan for a purchase
(except for a purchase referred to in section 1812(a) of this
title), or for construction, with respect to which the veteran has
made a downpayment of 10 percent or more of the total purchase
price or construction cost, the amount of such fee shall be 0.50
percent of the total loan amount.
"(3) Except as provided in paragraph (4) of this subsection, there
shall be credited to the Guaranty and Indemnity Fund (in addition to the
amount required to be credited to such Fund under section 1825(c)(2)(A)
or (B) of this title), on behalf of a veteran who has made a downpayment
described in paragraph (2)(C) of this subsection, an amount equal to
0.25 percent of the total loan amount for the fiscal year in which the
loan is closed and for the following fiscal year.
"(4) Credits to the Guaranty and Indemnity Fund under paragraph (3)
of this subsection with respect to loans guaranteed or insured under
this chapter that are closed during fiscal year 1990 shall be made in
October 1990 and October 1991.
"(5) The amount of the fee to be collected under paragraph (1) of
this subsection may be included in the loan and paid from the proceeds
thereof.
"(b) Except as provided in subsection (c) of this section, a fee
shall be collected from a person assuming a loan to which section 1814
of this title applies. The amount of the fee shall be equal to 0.50
percent of the balance of the loan on the date of the transfer of the
property.
"(c)(1) A fee may not be collected under this section from a veteran
who is receiving compensation (or who but for the receipt of retirement
pay would be entitled to receive compensation) or from a surviving
spouse of any veteran (including a person who died in the active
military, naval, or air service) who died from a service-connected
disability.
"(2) There shall be credited to the Guaranty and Indemnity Fund (in
addition to the amount required to be credited to such Fund under
section 1825(c)(2)(A) or (B) of this title and subsection (a)(3) of this
section), on behalf of a veteran or surviving spouse described in
paragraph (1) of this subsection, an amount equal to the fee that,
except for paragraph (1) of this subsection, would be collected from
such veteran or surviving spouse.
"(3) Credits to the Guaranty and Indemnity Fund under paragraph (2)
of this subsection with respect to loans guaranteed, insured, or made
under this chapter that are closed during fiscal year 1990 shall be made
in October 1990.".
(b) EFFECTIVE DATE. -- The amendments made by this section "38 USC
1829 note" shall take effect on January 1, 1990.
(c) FEE COLLECTION THROUGH 1989. -- Notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall collect fees
under section 1829 of title 38, "38 USC 1829 note" United States Code,
through December 31, 1989.
SEC. 304. INDEMNIFICATION AFTER DEFAULT.
(a) IN GENERAL. -- Section 1803 is amended by adding at the end the
following new subsection:
"(e)(1) Except as provided in paragraph (2) of this subsection, an
individual who pays a fee under section 1829 of this title, or who is
exempted under section 1829(c)(1) of this title from paying such fee,
with respect to a housing loan guaranteed or insured under this chapter
that is closed after December 31, 1989, shall have no liability to the
Secretary with respect to the loan for any loss resulting from any
default of such individual except in the case of fraud,
misrepresentation, or bad faith by such individual in obtaining the loan
or in connection with the loan default.
"(2) The exemption from liability provided by paragraph (1) of this
subsection shall not apply to --
"(A) an individual from whom a fee is collected (or who is
exempted from such fee) under section 1829(b) of this title; or
"(B) a loan made for any purpose specified in section 1812 of
this title.".
(b) CONFORMING AMENDMENT. -- The last sentence of section 1832(a)(1)
is amended by striking out "If" and inserting in lieu thereof "Except as
provided in section 1803(e) of this title, if".
SEC. 305. SALE OF VENDEE LOANS.
(a) IN GENERAL. -- Section 1833 is amended --
(1) in subsection (a)(3) --
(A) in subparagraph (A), by striking out "Before October 1,
1990," and inserting in lieu thereof "Subject to subparagraph (C)
of this paragraph,";
(B) in subparagraph (B), by striking out "occurring before
October 1, 1990"; and
(C) in subparagraph (C), by striking out "October 1, 1990," and
inserting in lieu thereof "October 1, 1989,";
(2) in subsection (a)(6), by striking out "October 1" and
inserting in lieu thereof "December 31"; and
(3) by adding at the end the following new subsection:
"(e) Notwithstanding any other provision of law, the amount received
from the sale of any note evidencing a loan secured by real property
described in subsection (a)(1) of this section shall be credited,
without any reduction and for the fiscal year in which the amount is
received, as offsetting collections of --
"(1) the revolving fund for which a fee under section 1829 of
this title was collected (or was exempted from being collected) at
the time of the original guaranty of the loan that was secured by
the same property; or
"(2) in any case in which there was no requirement of (or
exemption from) a fee at the time of the original guaranty of the
loan that was secured by the same property, the Loan Guaranty
Revolving Fund; and
the total so credited to any revolving fund for a fiscal year shall
offset outlays attributed to such revolving fund during such fiscal
year.".
(b) EFFECTIVE DATES. -- (1) If, before the date and time of the
enactment of this Act, no provision of law has been enacted amending
section 1833 of title 38, "38 USC 1833 note" United States Code, by
adding a new subsection (e) with a text substantively identical to the
text of the new subsection (e) added to such section 1833 by subsection
(a)(3) of this section, the provisions of subsection (a)(1) of this
section amending subsection (a)(3) of such section 1833 shall not take
effect.
(2) Subsection (e) of section 1833 of such title 38, as added by
subsection (a)(3), shall apply with respect to amounts referred to in
such subsection (e) received after September 30, 1989.
SEC. 306. INCREASE IN ENTITLEMENT AMOUNT.
(a) INCREASED ENTITLEMENT. -- Section 1803(a)(1) is amended --
(1) in subparagraph (A)(i) --
(A) by striking out "or" after the semicolon in subclause (I);
and
(B) by striking out subclause (II) and inserting in lieu
thereof the following:
"(II) in the case of any loan of more than $45,000, but not
more than $56,250, $22,500;
"(III) in the case of any loan of more than $56,250, but not
more than $144,000, the lesser of $36,000 or 40 percent of the
loan; or
"(IV) in the case of any loan of more than $144,000 for a
purpose specified in clause (1), (2), (3), or (6) of section
1810(a) of this title, the lesser of $46,000 or 25 percent of the
loan; or"; and
(2) in subparagraph (B), by striking out "$36,000" and
inserting in lieu thereof "$36,000, or in the case of a loan
described in subparagraph (A)(i)(IV) of this paragraph, $46,000,".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "38 USC
1803 note" shall take effect on the date of the enactment of this Act
and shall apply only with respect to loans closed after such date.
SEC. 307. NOTIFICATION REQUIREMENT.
Section 1832(a) is amended by adding at the end the following:
"(5) In the event of default in the payment of any loan guaranteed or
insured under this chapter in which a partial payment has been tendered
by the veteran concerned and refused by the holder, the holder of the
obligation shall notify the Secretary as soon as such payment has been
refused. The Secretary may require that any such notification include a
statement of the circumstances of the default, the amount tendered, the
amount of the indebtedness on the date of the tender, and the reasons
for the holder's refusal.".
SEC. 308. NO-BID FORMULA.
(a) EXCLUSION OF INTEREST COSTS. -- Section 1832(c)(1)(C)(ii) is
amended by inserting before the period the following: ", excluding any
amount attributed to the cost to the Government of borrowing funds".
(b) EXTENSION. -- (1) Section 1832(c)(11) of such title is amended
by striking out "October 1, 1989" and inserting in lieu thereof "October
1, 1991".
(2) The amendment made by paragraph (1) "38 USC 1832 note" shall take
effect as of October 1, 1989.
SEC. 309. REFINANCING LOANS.
(a) REPEAL OF LIMITATION ON AMOUNT OF REFINANCING LOAN. -- Section
1810 is amended by striking out subsection (h).
(b) CONDITIONS FOR GUARANTEEING OR MAKING A REFINANCING LOAN. --
Subsection (b) of section 1810 is amended --
(1) in clause (5) --
(A) by inserting "except in the case of a loan described in
clause (7) or (8) of this subsection," after "(5)"; and
(B) by striking out "and," at the end;
(2) by striking out the period at the end of clause (6) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new clauses:
"(7) in the case of a loan (other than a loan made for a
purpose specified in subsection (a)(8) of this section) that is
made to refinance --
"(A) a construction loan,
"(B) an installment land sales contract, or
"(C) a loan assumed by the veteran that provides for a lower
interest rate than the loan being refinanced,
the amount of the loan to be guaranteed or made does not exceed
the lesser of --
"(i) the reasonable value of the dwelling or farm residence
securing the loan, as determined pursuant to section 1831 of this
title; or
"(ii) the sum of the outstanding balance on the loan to be
refinanced and the closing costs (including discounts) actually
paid by the veteran, as specified by the Secretary in regulations;
and
"(8) in the case of a loan to refinance a loan (other than a
loan or installment sales contract described in clause (7) of this
subsection or a loan made for a purpose specified in subsection
(a)(8) of this section), the amount of the loan to be guaranteed
or made does not exceed 90 percent of the reasonable value of the
dwelling or farm residence securing the loan, as determined
pursuant to section 1831 of this title.".
SEC. 310. COMPUTATION OF ENTITLEMENT AMOUNT.
Section 1802(b) is amended --
(1) by striking out "or" at the end of clause (1)(B);
(2) by striking out the period at the end of clause (2) and
inserting in lieu thereof "; or"; and
(3) by inserting after clause (2) the following new clause:
"(3)(A) the loan has been repaid in full; and
"(B) the loan for which the veteran seeks to use entitlement
under this chapter is secured by the same property which secured
the loan referred to in subparagraph (A) of this paragraph.".
SEC. 311. WAIVER OF INDEBTEDNESS TO THE UNITED STATES.
Section 3102 is amended --
(1) in subsection (b), by striking out "may" and inserting in
lieu thereof "shall, except as provided in subsection (c) of this
section,"; and
(2) in subsection (c) --
(A) by striking out "The" and all that follows through
"thereon)" and inserting in lieu thereof "The recovery of any
payment or the collection of any indebtedness (or any interest
thereon) may not be waived under this section"; and
(B) by striking out ", material fault, or lack of good faith"
and inserting in lieu thereof "or bad faith".
SEC. 312. STUDY OF HOME LOANS TO NATIVE-AMERICAN VETERANS.
(a) IN GENERAL. -- The Secretary of Veterans Affairs and the
Secretary of the Interior shall jointly conduct a study to determine the
following:
(1) The extent to which veterans who are Native Americans
living on Native-American trust lands participate in the
Department of Veterans Affairs home loan guaranty program under
chapter 37 of title 38, United States Code.
(2) The level of participation of such veterans in such
program, whether such participation is lower than the level of
participation of all veterans and, if so, the reasons for the
lower level of participation, including any reasons relating to
the structure of the home loan guaranty program, the secondary
mortgage market, the willingness of lenders to make home loans on
trust land, cultural factors, and attitudinal factors.
(3) The legislative, regulatory, and administrative actions
necessary, if any, to improve the access of the veterans referred
to in paragraph (1) to benefits under chapter 37 of title 38,
United States Code.
(4) Whether it would be desirable, feasible, and equitable to
utilize the direct home loan authority under section 1811 of title
38, United States Code, to promote increased home ownership among
such veterans.
(b) CONSIDERATIONS. -- In conducting the study, the Secretaries
shall consider --
(1) the concerns and recommendations of the Advisory Committee
on Native-American Veterans contained in the reports submitted by
that committee pursuant to section 19032(f) of the Veterans'
Health-Care Amendments of 1986 (title XIX of Public Law 99-272;
100 Stat. 388);
(2) the experience of the Bureau of Indian Affairs and the
Department of Housing and Urban Development in developing and
carrying out programs designed to meet the home financing needs of
Native Americans; and
(3) any experience of private-sector lending institutions in
making loans on trust land.
(c) REPORT. -- Not later than June 1, 1990, the Secretaries shall
transmit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the results of the study conducted under
subsection (a).
(d) DEFINITIONS. -- For the purposes of this section --
(1) the term "Native-American trust land" means any land that
--
(A) is held in trust by the United States for Native Americans;
(B) is subject to restrictions on alienation imposed by the
United States on Indian lands;
(C) is owned by a Regional Corporation or a village
corporation, as such terms are defined in section 3(b) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); or
(D) is on any island in the Pacific Ocean if such land is, by
cultural tradition, communally-owned land, as determined by the
Secretary of Veterans Affairs; and
(2) the term "Native American" means --
(A) an Indian, as defined in section 4(d) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(d));
(B) a Native Hawaiian, as defined in section 8 of the Native
Hawaiian Health Care Act of 1988 (Public Law 100-579; 102 Stat.
2921);
(C) an Alaska Native, within the meaning provided for the term
"Native" in section 3(b) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(b)); and
(D) a Pacific Islander, within the meaning of the Native
American Programs Act of 1974 (42 U.S.C. 2991 et seq.).
SEC. 313. CLARIFYING AND TECHNICAL AMENDMENTS.
(a) CLARIFYING AMENDMENT. -- Section 1801(b) is amended by adding at
the end the following new paragraph:
"(4) The term 'veteran' also includes an individual serving on
active duty.".
(b) TECHNICAL AMENDMENTS. -- Title 38 is amended as follows:
(1) Chapters 23, 24, and 37 are amended by striking out
"Administrator" and "Administrator's" each place such terms appear
(other than in sections 906(e)(2) and 1812(h)(2)(B) and in section
1845(a) the third place "Administrator" appears) and inserting in
lieu thereof "Secretary" and "Secretary's", respectively.
(2) Subchapter III of chapter 37 is amended by striking out
"Veterans' Administration" and "Veterans' Administration's" each
place such terms appear and inserting in lieu thereof "Department
of Veterans Affairs" and "Department of Veterans Affairs'",
respectively.
(3) Section 906(e)(2) is amended by striking out "Administrator
or the Secretary" and inserting in lieu thereof "Secretary of
Veterans Affairs or Secretary of the Army".
(4) Section 1005(a) is amended by inserting "of the Interior"
after "Secretary" the second place it appears.
(5) Section 1009(b) is amended by inserting "of the Army" after
"Secretary".
(6) Section 1803(c)(1) is amended by inserting "of Housing and
Urban Development" after "Secretary" the second place it appears.
(7) Section 1812(h)(2)(B) is amended --
(A) by striking out "Secretary pursuant" and inserting in lieu
thereof "Secretary of Housing and Urban Development pursuant";
and
(B) by striking out "Administrator" each place it appears and
inserting in lieu thereof "Secretary of Veterans Affairs".
(8) Section 1823(a) is amended by inserting "of the Treasury"
after "Secretary" the last place it appears.
(9) Section 1823(d)(2) is amended by inserting "of the
Treasury" after "Secretary".
SEC. 401. "38 USC 101 note" SHORT TITLE.
This title may be cited as the "Veterans Education and Employment
Amendments of 1989".
SEC. 402. RATES OF REHABILITATION SUBSISTENCE ALLOWANCES FOR
VETERANS WITH SERVICE-CONNECTED DISABILITIES.
(a) IN GENERAL. -- The table contained in section 1508(b) is amended
to read as follows:
(b) EFFECTIVE DATE. -- The amendment made by this section "38 USC
1508 note" shall take effect on January 1, 1990.
SEC. 403. RATES OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND
DEPENDENTS.
(a) IN GENERAL. -- Chapter 35 is amended --
(1) in section 1732(a)(1), by striking out "computed" and all
that follows through the end of the paragraph and inserting in
lieu thereof "paid at the monthly rate of $404 for full-time, $304
for three-quarter-time, or $202 for half-time pursuit.";
(2) in section 1732(a)(2), by striking out "computed" and all
that follows through the end of the paragraph and inserting in
lieu thereof "paid at the rate of (A) the established charges for
tuition and fees that the educational institution involved
requires similarly circumstanced nonveterans enrolled in the same
program to pay, or (B) $404 per month for a full-time course,
whichever is the lesser.";
(3) in section 1732(b), by striking out "$304" and inserting in
lieu thereof "$327";
(4) in section 1732(c)(2), by striking out "computed" and all
that follows through the end of the paragraph and inserting in
lieu thereof "$327 for full-time, $245 for three-quarter-time, and
$163 for half-time pursuit.";
(5) by amending section 1732(c)(3) to read as follows:
"(3) The monthly educational assistance allowance to be paid on
behalf of an eligible person pursuing an independent study program which
leads to a standard college degree shall be computed at the rate
provided in subsection (a)(2) of this section for less than half-time
but more than quarter-time pursuit. If the entire training is to be
pursued by independent study, the amount of the eligible person's
entitlement to educational assistance under this chapter shall be
charged in accordance with the rate at which such person is pursuing the
independent study program but at not more than the rate at which such
entitlement is charged for pursuit of such program on less than a
half-time basis. In any case in which independent study is combined
with resident training, the educational assistance allowance shall be
paid at the applicable institutional rate based on the total training
time determined by adding the number of semester hours (or the
equivalent thereof) of resident training to the number of semester hours
(or the equivalent thereof) of independent study that do not exceed the
number of semester hours (or the equivalent thereof) required for the
less than half-time institutional rate, as determined by the Secretary
of Veterans Affairs, for resident training. An eligible person's
entitlement shall be charged for a combination of independent study and
resident training on the basis of the applicable monthly training time
rate as determined under section 1788 of this title.";
(6) in section 1732(c)(4), by striking out "section 1682(e) of
this title" and inserting in lieu thereof "paragraph (3) of this
subsection";
(7) in section 1732(e), by inserting before the period the
following: ", except that the references therein to the monthly
educational assistance allowance prescribed for a veteran with no
dependents shall be deemed to refer to the applicable allowance
payable to an eligible person under corresponding provisions of
this chapter or chapter 36 of this title, as determined by the
Secretary of Veterans Affairs";
(8) in section 1733(a)(1), by striking out "benefits" and all
that follows through the end of the paragraph and inserting in
lieu thereof "assistance provided an eligible veteran under
section 1691(a) (if pursued in a State) of this title and be paid
an educational assistance allowance therefor in the manner
prescribed by section 1691(b) of this title, except that the
corresponding rate provisions of this chapter shall apply, as
determined by the Secretary of Veterans Affairs, to such pursuit
by an eligible person.";
(9) in section 1734(b), by striking out "1786 of this title"
and inserting in lieu thereof "1786 (other than subsection (a)(2))
of this title and the period of such spouse's entitlement shall be
charged with one month for each $404 which is paid to the spouse
as an educational assistance allowance for such course"; and
(10) in section 1742(a), by striking out "$376", "$119" (each
place it appears), and "$12.58" and inserting in lieu thereof
"$404", "$127", and "$13.46", respectively.
(b) APPRENTICESHIP. -- Section 1787(b)(2) is amended by striking out
"computed" and all that follows through the end of the paragraph and
inserting in lieu thereof "$294 for the first six months, $220 for the
second six months, $146 for the third six months, and $73 for the fourth
and any succeeding six-month periods of training.".
(c) EFFECTIVE DATE. -- The amendments made by this section "38 USC
1732 note" shall take effect on January 1, 1990.
SEC. 404. PROVISION FOR PERMANENT PROGRAM OF INDEPENDENT LIVING
SERVICES AND ASSISTANCE.
Section 1520 is amended --
(1) by striking out subsection (b);
(2) by striking out paragraph (5) of subsection (a);
(3) by redesignating paragraphs (2), (3), (4), (6) and (7) of
subsection (a) as subsections (b), (c), (d), (e) and (f),
respectively;
(4) in subsection (a) --
(A) by striking out "(1) During fiscal years 1982 through 1989,
the" and inserting in lieu thereof "The";
(B) by striking out "paragraph (7) of this subsection" and
inserting in lieu thereof "subsection (f) of this section"; and
(C) by striking out "paragraph (2) of this subsection" and
inserting in lieu thereof "subsection (b) of this section";
(5) in subsection (b), as redesignated by clause (3), by
striking out "and who is selected" and all that follows through
"subsection";
(6) in subsection (c), as redesignated by clause (3), by
striking out "paragraph (2) of this subsection" and inserting in
lieu thereof "subsection (b) of this section";
(7) in subsection (e), as redesignated by clause (3), by
striking out "of the fiscal years 1982 through 1989" and inserting
in lieu thereof "fiscal year"; and
(8) in subsection (f), as redesignated by clause (3) --
(A) by striking out "paragraph" and inserting in lieu thereof
"subsection"; and
(B) by striking out "(A)" and "(B)" and inserting in lieu
thereof "(1)" and "(2)", respectively.
SEC. 405. VETERANS' AND RESERVISTS' WORK-STUDY PROGRAM.
(a) CRITERIA FOR DETERMINING WORK-STUDY ALLOWANCE. -- (1) Section
1685(a) is amended --
(A) in the second sentence, by striking out "Such" and all that
follows through "other applicable enrollment period," and
inserting in lieu thereof "Such work-study allowance shall be paid
in an amount equal to the applicable hourly minimum wage times the
number of hours worked during the applicable period, in return for
such individual's agreement to perform services, during or between
periods of enrollment, aggregating not more than a number of hours
equal to 25 times the number of weeks in the semester or other
applicable enrollment period,";
(B) by striking out the third and fourth sentences;
(C) by inserting "(1)" after "(a)"; and
(D) by adding at the end the following new paragraph:
"(2) For the purposes of paragraph (1) of this subsection, the term
'applicable hourly minimum wage' means (A) the hourly minimum wage under
section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)),
or (B) the hourly minimum wage under comparable laws of the State in
which the services are to be performed, if such wage is higher than the
wage referred to in clause (A) and the Secretary has made a
determination to pay such higher wage.".
(2) Section 1685(b) is amended by striking out "subsection (a)" and
inserting in lieu thereof "subsection (a)(1)".
(b) SELECTED RESERVISTS' WORK-STUDY ASSIGNMENTS. -- The second
sentence of section 1685(a), as amended by subsection (a)(1)(A), is
further amended --
(1) in clause (3), by striking out "or" at the end; and
(2) by striking out the period at the end and inserting in lieu
thereof ", or (5) in the case of an individual who is receiving
educational assistance under chapter 106 of title 10, activities
relating to the administration of such chapter at Department of
Defense facilities.".
(c) ELIGIBILITY. -- Section 1685(b) is amended --
(1) in the first sentence by striking out "veteran-students who
are pursuing" and all that follows through the period and
inserting in lieu thereof "individuals who are pursuing programs
of rehabilitation, education, or training under chapter 30, 31,
32, or 34 of this title or chapter 106 of title 10, at a rate
equal to at least three-quarters of that required of a full-time
student."; and
(2) in the last sentence by striking out "the veteran ceases to
be" through "the veteran" and inserting in lieu thereof "an
individual ceases to be at least a three-quarter-time student
before completing such agreement, the individual".
(d) TECHNICAL AMENDMENTS. -- (1) Section 1685(b) is amended by
striking out "per centum" and inserting in lieu thereof "percent".
(2) Section 1685 is amended --
(A) by striking out "Veteran-students" in subsection (a) and
inserting in lieu thereof "Individuals";
(B) by striking out "veteran-students" each place it appears
and inserting in lieu thereof "individuals";
(C) by striking out "A veteran-student in subsection (a) and
inserting in lieu thereof "An individual";
(D) by striking out "veteran-student's" in subsection (a) and
inserting in lieu thereof "individual's";
(E) by striking out "veterans" in subsection (c) and inserting
in lieu thereof "individuals";
(F) by striking out "veteran" each place it appears, other than
in subsection (c)(4), and inserting in lieu thereof "individual";
and
(G) by striking out "veteran's" in subsection (c)(2) and
inserting in lieu thereof "individual's".
(3) Section 2136(b) of title 10, United States Code, is amended by
striking out "and 1683" and inserting in lieu thereof "1683, and 1685".
(4)(A) The section heading of section 1685 is amended to read as
follows:
"Section 1685. Work-study allowance".
(B) The table of sections at the beginning of chapter 34 is amended
by striking out the item for section 1685 and inserting in lieu thereof
the following:
"1685. Work-study allowance.".
(e) EFFECTIVE DATE. -- The amendments made by this section "10 USC
2136 note" shall take effect on May 1, 1990, and shall apply to services
performed on or after that date.
SEC. 406. WORK-STUDY PROGRAM FOR SURVIVORS AND DEPENDENTS.
(a) IN GENERAL. -- (1) Subchapter IV of chapter 35 is amended by
inserting after section 1736 the following new section:
"Section 1737. Work-study allowance
"(a) Subject to subsection (b) of this section, the Secretary shall
utilize, in connection with the activities described in section 1685(a)
of this title, the services of any eligible person who is pursuing, in a
State, at least a three-quarter-time program of education (other than a
course of special restorative training) and shall pay to such person an
additional educational assistance allowance (hereafter in this section
referred to as 'work-study allowance') in return for such eligible
person's agreement to perform such services. The amount of the
work-study allowance shall be determined in accordance with section
1685(a) of this title.
"(b) The Secretary's utilization of, and payment of a work-study
allowance for, the services of an eligible person pursuant to subsection
(a) of this section shall be subject to the same requirements, terms,
and conditions as are set out in section 1685 of this title with regard
to individuals pursuing at least three-quarter-time programs of
education referred to in subsection (b) of such section.".
(2) The table of sections at the beginning of chapter 35 is amended
by inserting after the item relating to section 1736 the following new
item:
"1737. Work-study allowance.".
(b) EFFECTIVE DATE. -- The amendments made by this section "38 USC
1737 note" shall take effect on May 1, 1990.
SEC. 407. EXTENSION AND EXPANSION OF THE VETERANS' READJUSTMENT
APPOINTMENT AUTHORITY.
(a) EXTENSION OF AUTHORITY. -- (1) Paragraph (2) of section 2014(b)
is redesignated as paragraph (4) and is amended by striking out "1989"
and inserting in lieu thereof "1993".
(2) Section 2011(2)(B) is amended by inserting before the period the
following: "except for purposes of section 2014 of this title".
(b) ELIGIBILITY. -- (1) Section 2014(a)(1) is amended by striking
out "qualified disabled veterans and veterans of the Vietnam era" and
inserting in lieu thereof "certain veterans of the Vietnam era and
veterans of the post-Vietnam era who are qualified for such employment
and advancement".
(2) Subsection (b) of section 2014 is amended --
(A) in paragraph (1) --
(i) by striking out "veterans of the Vietnam era" and inserting
in lieu thereof "veterans referred to in paragraph (2) of this
subsection";
(ii) in clause (A), by inserting the following before the
semicolon: "or in the case of a veteran referred to in paragraph
(2)(A) of this subsection, the level of GS-11 or its equivalent";
(iii) by striking out clause (B) and inserting in lieu thereof
the following:
"(B) a veteran referred to in paragraph (2) of this subsection
shall be eligible for such an appointment during (i) the four-year
period beginning on the date4 of the veteran's last discharge or
release from active duty, or (ii) the two-year period beginning on
the date of the enactment of the Veterans Education and Employment
Amendments of 1989, whichever ends later,";
(iv) in clause (C), by inserting "referred to in paragraph (2)
of this subsection" after "a veteran of the Vietnam era";
(v) by striking out "and" at the end of clause (C);
(vi) by striking out the period at the end of clause (D) and
inserting in lieu thereof "; and"; and
(vii) by adding after clause (D) the following new clauses:
"(E) the requirement of an educational or training program for
a veteran receiving such an appointment shall not apply if the
veteran has 15 years or more of education; and
"(F) in the case of a veteran who is not a disabled veteran,
the veteran may not have completed more than 16 years of education
at the time of the veteran's appointment."; and
(B) by inserting after paragraph (1) the following new
paragraphs:
"(2) This subsection applies to --
"(A) a veteran of the Vietnam era who --
"(i) has a service-connected disability; or
"(ii) during such era, served on active duty in the Armed
Forces in a campaign or expedition for which a campaign badge has
been authorized; and
"(B) a veteran who served on active duty after the Vietnam era.
"(3) For purposes of paragraph (1)(B)(i) of this subsection, the last
discharge or release from a period of active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 1411(a)(1)(A)(ii)(III) of this title.".
(c) EFFECTIVE DATE. -- The amendments made by this section "38 USC
2011 note" shall take effect on January 1, 1990.
SEC. 408. "38 USC 2000 note" PILOT PROGRAM TO FURNISH EMPLOYMENT AND
TRAINING INFORMATION AND SERVICES TO MEMBERS OF THE ARMED FORCES
SEPARATING FROM THE ARMED FORCES.
(a) REQUIREMENT FOR PROGRAM. -- During the three-year period
beginning on January 1, 1990, the Secretary of Labor (hereafter in this
section referred to as the "Secretary"), in conjunction with the
Secretary of Veterans Affairs and the Secretary of Defense, shall
conduct a pilot program to furnish employment and training information
and services to members of the Armed Forces within 180 days before such
members are separated from the Armed Forces.
(b) AREAS TO BE COVERED BY THE PROGRAM. -- The Secretary shall
conduct the pilot program in at least five, but not more than ten,
geographically dispersed States in which the Secretary determines that
employment and training services to eligible veterans will not be unduly
limited by the provision of such services to members of the Armed Forces
under the pilot program.
(c) UTILIZATION OF SPECIFIC PERSONNEL. -- The Secretary shall
utilize disabled veterans' outreach program specialists or local
veterans' employment representatives to the maximum extent feasible to
furnish employment and training information and services under the pilot
program.
(d) REPORT. -- Not later than May 1, 1992, the Secretary shall
transmit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the findings and conclusions reached as a
result of such pilot program.
SEC. 409. SECONDARY SCHOOL REQUIREMENTS FOR MONTGOMERY GI BILL
ELIGIBILITY.
Sections 1411(a)(2) and 1412(a)(2) are amended --
(1) by inserting "(i)" after "except that"; and
(2) by inserting before "; and" at the end the following: ",
and (ii) an individual described in clause (1)(A) of this
subsection may meet such requirement by having successfully
completed the equivalent of such 12 semester hours before the end
of the individual's initial obligated period of active duty".
SEC. 410. PROHIBITION ON RECEIVING CREDIT UNDER TWO PROGRAMS.
Section 1621 is amended by adding at the end the following:
"(f) An individual who serves in the Selected Reserve may not receive
credit for such service under both the program established by this
chapter and the program established by chapter 106 of title 10 but shall
elect (in such form and manner as the Secretary of Veterans Affairs may
prescribe) the program to which such service is to be credited.".
SEC. 411. ACCEPTING SCHOOL CERTIFICATION FOR RENEWAL OF EDUCATIONAL
BENEFITS AFTER UNSATISFACTORY PROGRESS.
(a) VETERANS' EDUCATIONAL ASSISTANCE. -- Section 1674 is amended by
striking out clauses (1) and (2) and inserting in lieu thereof the
following:
"(1) the veteran will be resuming enrollment at the same
educational institution in the same program of education and the
educational institution has both approved such veteran's
reenrollment and certified it to the Department of Veterans
Affairs; or
"(2) in the case of a proposed change of either educational
institution or program of education by the veteran --
"(A) the cause of the unsatisfactory attendance, conduct, or
progress has been removed;
"(B) the program proposed to be pursued is suitable to the
veteran's aptitudes, interests, and abilities; and
"(C) if a proposed change of program is involved, the change
meets the requirements for approval under section 1791 of this
title.".
(b) SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. -- Section
1724 is amended by striking out clauses (1) and (2) and inserting in
lieu thereof the following:
"(1) the eligible person will be resuming enrollment at the
same educational institution in the same program of education and
the educational institution has both approved such eligible
person's reenrollment and certified it to the Department of
Veterans Affairs; or
"(2) in the case of a proposed change of either educational
institution or program of education by the eligible person --
"(A) the cause of the unsatisfactory attendance, conduct, or
progress has been removed;
"(B) the program proposed to be pursued is suitable to the
eligible person's aptitudes, interests, and abilities; and
"(C) if a proposed change of program is involved, the change
meets the requirements for approval under section 1791 of this
title.".
SEC. 412. UNIFORMITY OF ATTENDANCE REQUIREMENT.
(a) IN GENERAL. -- Section 1780(a) is amended --
(1) in clause (1) of the second sentence, by striking out
"enrolled in a course" through "1788(a)(7) of this title,";
(2) by striking out clause (2) of the second sentence;
(3) by redesignating clauses (3), (4), and (5) of the second
sentence as clauses (2), (3), and (4), respectively;
(4) in the third sentence, by striking out "set forth in clause
(1) or (2)" and inserting in lieu thereof "set forth in clause
(1)";
(5) in subclause (A) of the third sentence, by striking out ",
and such periods" through "subsection"; and
(6) in subclauses (B) and (C) of the third sentence by striking
out ", but such periods" through "subsection".
(b) CONFORMING AMENDMENTS. -- Section 1674 and section 1724 are each
amended by striking out "conduct" in the first sentence and inserting in
lieu thereof "attendance, conduct,".
SEC. 413. PROGRAM ADMINISTRATION.
(a) Section 1788 is amended --
(1) in subsection (a), by inserting after "three hours in
clause (C) of the penultimate sentence the following: "(or three
50-minute periods)"; and
(2) in subsection (c), by inserting after "three hours" in the
second sentence the following: "(or three 50-minute periods)".
(b) Through July 1, 1990, no provision of law shall preclude the
Department of Veterans Affairs, in making determinations of the
active-duty or Selected Reserve status, or the character of service, of
individuals receiving benefits under chapter 30 or 32 of title 38, "38
USC 1434 note" United States Code, or chapter 106 of title 10, United
States Code, from continuing to use any category of information provided
by the Department of Defense or Department of Transportation that the
Department of Veterans Affairs was using prior to the date of the
enactment of this Act, if the Secretary of Veterans Affairs determines
that the information has proven to be sufficiently reliable in making
such determinations.
SEC. 414. FUNDING FOR STATE APPROVING AGENCIES FOR TRAINING
CURRICULUM DEVELOPMENT.
Section 1774(a) is amended --
(1) in paragraph (2)(A), by striking out "section and for" and
inserting in lieu thereof "section, for expenses approved by the
Secretary that are incurred in carrying out activities described
in section 1774A(a)(4) of this title (except for administrative
overhead expenses allocated to such activities), and for"; and
(2) in paragraph (2)(C), by inserting before the period the
following: "and the amount of expenses approved by the Secretary
that are incurred in carrying out activities described in section
1774A(a)(4) of this title for such period (except for
administrative overhead expenses allocated to such activities)".
SEC. 415. PROOF OF SATISFACTORY PURSUIT OF A PROGRAM OF EDUCATION.
(a) WITHHOLDING OF BENEFITS; FORM OF PROOF. -- Section 1780(g) is
amended by striking out "the Administrator is authorized" in the second
sentence and all that follows through the period at the end of that
sentence and inserting in lieu thereof "the Secretary may withhold
payment of benefits to such eligible veteran or eligible person until
the required proof is received and the amount of the payment is
appropriately adjusted. The Secretary may accept such veteran's or
person's monthly certification of enrollment in and satisfactory pursuit
of such veteran's or person's program as sufficient proof of the
certified matters.".
(b) CONFORMING AMENDMENTS. -- Section 1434 is amended --
(1) in subsection (a)(1), by striking out "1780(g),";
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
SEC. 416. REPORTING FEES.
(a) IN GENERAL. -- Section 1784 is amended --
(1) in subsection (a)(1), by striking out "chapter 34" and
inserting in lieu thereof "chapter 31, 34,";
(2) in subsection (b), by striking out "chapters 34" and
inserting in lieu thereof "chapters 31, 34"; and
(3) in subsection (c), by striking out "chapter 34" each place
it appears and inserting in lieu thereof "chapter 31, 34,".
(b) EFFECTIVE DATE. -- The amendments made by this section "38 USC
1784 note" shall take effect on January 1, 1990.
SEC. 417. CLOCK-HOUR MEASUREMENT OF CERTAIN UNIT COURSES OR SUBJECTS
CREDITABLE TOWARD A STANDARD COLLEGE DEGREE.
Section 1788(e) is amended to read as follows:
"(e)(1) For the purpose of measuring clock hours of attendance or net
of instruction under clause (1) or (2), respectively, of subsection (a)
of this section for a course --
"(A) which is offered by an institution of higher learning, and
"(B) for which the institution requires one or more unit
courses or subjects for which credit is granted toward a standard
college degree pursued in residence on a standard quarter- or
semester-hour basis,
the number of credit hours (semester or quarter hours) represented by
such unit courses or subjects shall, during the semester, quarter, or
other applicable portion of the academic year when pursued, be converted
to equivalent clock hours, determined as prescribed in paragraph (2) of
this subsection. Such equivalent clock hours then shall be combined
with actual weekly clock hours of training concurrently pursued, if any,
to determine the total clock hours of enrollment.
"(2) For the purpose of determining the clock-hour equivalency
described in paragraph (1) of this subsection, the total number of
credit hours being pursued will be multiplied by the factor resulting
from dividing the number of clock hours which constitute full time under
clause (1) or (2) of subsection (a) of this section, as appropriate, by
the number of semester hours (or the equivalent thereof) which, under
clause (4) of such subsection, constitutes a full-time institutional
undergraduate course at such institution.".
SEC. 418. DEPARTMENT OF VETERANS AFFAIRS APPROVAL OF CERTAIN
COURSES.
Section 1789(b)(6)(B) is amended by inserting "and members of the
Selected Reserve of the Ready Reserve eligible for educational
assistance under chapter 106 of title 10;" after "dependents".
SEC. 419. EFFECTIVE DATE OF ADJUSTMENTS OF EDUCATIONAL BENEFITS.
Section 3013 is amended --
(1) by striking out "Effective" and inserting in lieu thereof
"(a) Except as provided in subsection (b) of this section,
effective"; and
(2) by adding at the end the following new subsection:
"(b) The effective date of an adjustment of benefits under any
chapter referred to in subsection (a) of this section, if made on the
basis of a certification made by the veteran or person and accepted by
the Secretary under section 1780(g) of this title, shall be the date of
the change.".
SEC. 420. DETERMINATION OF DELIMITING PERIOD.
(a) MINIMUM REQUIREMENT FOR ACTIVE DUTY SERVICE. -- (1) Section 1431
is amended --
(A) by adding at the end the following new subsection:
"(g) For purposes of subsection (a) of this section, an individual's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 1411(a)(1)(A)(ii)(III) of this title."; and
(B) in subsection (a), by inserting ", and subject to
subsection (g)," before "of this section," in the material
preceding clause (1).
(2) Section 1632(a) is amended --
(A) by adding at the end the following new paragraph:
"(4) For purposes of paragraph (1) of this subsection, a veteran's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
service connected, for hardship, or as a result of a reduction in force
as described in section 1411(a)(1)(A)(ii)(III) of this title."; and
(B) in paragraph (1), by inserting ", and subject to paragraph
(4)," before "of this subsection,".
(3) Section 1662(a) is amended --
(A) by adding at the end the following new paragraph:
"(4) For purposes of paragraph (1) of this subsection, a veteran's
last discharge or release from active duty shall not include any
discharge or release from a period of active duty of less than 90 days
of continuous service unless the individual involved is discharged or
released for a service-connected disability, for a medical condition
which preexisted such service and which the Secretary determines is not
serviced connected, for hardship, or as a result of a reduction in force
as described in section 1411(a)(1)(A)(ii)(III) of thie title."; and
(B) in paragraph (1), by striking out "No" and inserting in
lieu thereof "Subject to paragraph (4) of this subsection, no".
(b) SPECIAL RULE. -- Section 1431(e) is amended --
(1) by striking out "(e) In" and inserting in lieu thereof
"(e)(1) Except as provided in paragraph (2) of this subsection,
in"; and
(2) by adding at the end the following:
"(2) In the case of an individual to which paragraph (1) of this
subsection is applicable and who is described in section 1652(a)(1)(B)
of this title, the 10-year period prescribed in subsection (a) of this
section shall not be reduced by any period in 1977 before the individual
began serving on active duty.".
SEC. 421. "38 USC 241 note" INFORMATION TO ASSIST VETERANS RECEIVING
EDUCATION BENEFITS.
(a) IN GENERAL. -- For the purpose of assisting individuals
receiving education benefits from the Department of Veterans Affairs,
the Secretary of Veterans Affairs shall prepare, and update
periodically, a document containing a detailed description of the
benefits, limitations, procedures, requirements, and other important
aspects of the education programs administered by the Department.
(b) DISTRIBUTION. -- The Secretary shall, beginning in fiscal year
1990 but not before July 1, 1990, distribute copies of such document --
(1) to each individual applying for benefits under an education
program administered by the Department of Veterans Affairs and to
each such individual at least annually in the years thereafter in
which the individual receives such benefits;
(2) to education and training institution officials on at least
an annual basis; and
(3) upon request, to other individuals significantly affected
by education programs administered by the Secretary, including
military education personnel.
(c) FUNDING. -- The Secretary shall use funds appropriated to the
readjustment benefits account of the Department to carry out this
section.
SEC. 422. EDUCATIONAL ASSISTANCE FOR FLIGHT TRAINING.
(a) THE MONTGOMERY GI BILL ACTIVE DUTY PROGRAM. -- (1) Section 1434
is amended by inserting after subsection (c), as added by section
423(a)(6)(B), the following new subsection:
"(d)(1) The Secretary may approve the pursuit of flight training (in
addition to a course of flight training that may be approved under
section 1673(b) of this title) by an individual entitled to basic
educational assistance under this chapter if --
"(A) such training is generally accepted as necessary for the
attainment of a recognized vocational objective in the field of
aviation;
"(B) the individual possesses a valid private pilots license
and meets the medical requirements necessary for a commercial
pilot's license; and
"(C) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by the
Federal Aviation Administration and the State approving agency.
"(2) This subsection shall not apply to a course of flight training
that commences on or after October 1, 1994.".
(2) Section 1432 is amended by inserting at the end the following new
subsection:
"(f)(1) Notwithstanding subsection (a) of this section, each
individual who is pursuing a program of education consisting exclusively
of flight training approved as meeting the requirements of section
1434(d) of this title shall be paid an educational assistance allowance
under this chapter in the amount equal to 60 percent of the established
charges for tuition and fees (other than tuition and fees charged for or
attributable to solo flying hours) which similarly circumstanced
nonveterans enrolled in the same flight course are required to pay.
"(2) No educational assistance allowance may be paid under this
chapter to an individual for any month during which such individual is
pursuing a program of education consisting exclusively of flight
training until the Secretary has received from that individual and the
institution providing such training a certification of the flight
training received by the individual during that month and the tuition
and other fees charged for that training.
"(3) The number of months of entitlement charged in the case of any
individual for a program of education described in paragraph (1) of this
subsection shall be equal to the number (including any fraction)
determined by dividing the total amount of educational assistance paid
such individual for such program by the monthly rate of educational
assistance which, except for paragraph (1) of this subsection, such
individual would otherwise be paid under subsection (a)(1), (b)(1), or
(c) of section 1415 of this title, as the case may be.".
(b) THE MONTGOMERY GI BILL SELECTED RESERVE PROGRAM. -- (1) Section
2136 of title 10, United States Code, is amended by adding the following
new subsection:
"(c)(1) The Secretary of Veterans Affairs may approve the pursuit of
flight training (in addition to a course of flight training that may be
approved under section 1673(b) of title 38) by an individual entitled to
educational assistance under this chapter if --
"(A) such training is generally accepted as necessary for the
attainment of a recognized vocational objective in the field of
aviation;
"(B) the individual possesses a valid private pilot's license
and meets the medical requirements necessary for a commercial
pilot's license; and
"(C) the flight school courses meet Federal Aviation
Administration standards for such courses and are approved by the
Federal Aviation Administration and the State approving agency.
"(2) This subsection shall not apply to a course of flight training
that commences on or after October 1, 1994.".
(2) Section 2131 of such title is amended --
(A) in subsection (b), by striking out "(f)" and inserting in
lieu thereof "(g); and
(B) by adding at the end the following new subsection:
(g)(1) Each individual who is pursuing a program of education
consisting exclusively of flight training approved as meeting the
requirements of section 2136(c) of this title shall be paid an
educational assistance allowance under this chapter in the amount equal
to 60 percent of the established charges for tuition and fees (other
than tuition and fees charged for or attributable to solo flying hours)
which similarly circumstanced nonveterans enrolled in the same flight
course are required to pay.
"(2) No educational assistance allowance may be paid under this
chapter to an individual for any month during which such individual is
pursuing a program of education consisting exclusively of flight
training until the Secretary has received from that individual and the
institution providing such training a certification of the flight
training received by the individual during that month and the tuition
and other fees charged for that training.
"(3) The period of entitlement of an individual pursuing a program of
education described in paragraph (1) shall be charged with one month for
each $140 which is paid to that individual as an educational assistance
allowance for such program.".
(c) EVALUATION OF PROVIDING ASSISTANCE FOR FLIGHT TRAINING. --
(1)(A) The Secretary of Veterans Affairs shall conduct an evaluation of
paying educational assistance for flight training under chapter 30 of
title 38, "38 USC 1434 note" United States Code, and chapter 106 of
title 10, United States Code.
(B) The evaluation required by subparagraph (A) shall be designed to
determine the effectiveness of the provision of educational assistance
referred to in such subparagraph in preparing the recipients of such
assistance for recognized vocational objectives in the field of
aviation.
(2) Not later than January 31, 1994, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the evaluation required by paragraph (1).
Such report shall include --
(A) information, separately as to payments made under chapter
30 of title 38, United States Code, and payments made under
chapter 106 of title 10, United States Code, regarding --
(i) the number of recipients paid educational assistance
allowances for flight training;
(ii) the amount of such assistance;
(iii) the amount paid by the recipients for such training;
(iv) the vocational objectives of the recipients; and
(v) the extent to which the training (I) assists the recipients
in achieving employment in the field of aviation, or (II) was used
only or primarily for recreational or avocational purposes; and
(B) any recommendations for legislation that the Secretary
considers appropriate to include in the report.
(d) EFFECTIVE DATE. -- The amendments made by this section "10 USC
2131 note" shall take effect on September 30, 1990.
SEC. 423. TECHNICAL AND CLERICAL AMENDMENTS.
(a) IN GENERAL. -- Title 38 is amended as follows:
(1)(A) Section 1412(a)(1) is amended --
(i) in clause (A)(ii), by striking out "and after completion"
and inserting in lieu thereof "and beginning within one year after
completion"; and
(ii) in clause (B)(ii), by striking out "and after completion"
and inserting in lieu thereof "and beginning within one year after
completion".
(B) Section 1412(b)(2) is amended by striking out "Continuity
of service" and all that follows through "such clauses" and
inserting in lieu thereof "After an individual begins servicde in
the Selected Reserve within one year after completion of the
service described in clause (A)(i) or (B)(i) of subsection (a)(1)
of this section, the continuity of service of such individual as a
member of the Selected Reserve".
(2) Section 1413 is amended --
(A) in subsections (a)(2) and (b), by striking out "subsection
(c)" and inserting in lieu thereof "subsection (d)";
(B) in subsection (a)(2), by striking out
"1411(a)(1)(B)(ii)(I)" the second place it occurs and inserting in
lieu thereof "1411(a)(1)(A)(ii)(I)"; and
(C) in subsection (c) --
(i) by striking out "paragraph (2)" in paragraph (1) and
inserting in lieu thereof "paragraphs (2) and (3)"; and
(ii) by adding at the end of such subsection the following:
"(3) Subject to section 1795 of this title and subsection (d) of this
section, an individual described in clause (B or (C)(ii) of section
1418(b)(3) of this title (other than an individual described in
paragraph (2) of this subsection) is entitled to the number of months of
educational assistance under this chapter that is equal to the number of
months the individual has served on continuous active duty after June
30, 1985.".
(3) Section 1417(a)(1)(A)(ii) is amended by striking out "but
for" and all that follows through "of this title" and inserting in
lieu thereof "but for clause (1)(A)(i) or clause (2)(A) of section
1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section
1412(a) of this title".
(4) Section 1431(f) is amended by striking out ", under this
section," in paragraphs (1) and (2) and inserting in lieu thereof
", under section 1413,".
(5)(A) Section 1434(a)(3) is amended by striking out
"employment)" and inserting in lieu thereof "employment during and
since the period of such veteran's active military service)".
(B) Section 1641(a)(2) is amended by striking out "employment)"
and inserting in lieu thereof "employment during and since the
period of such veteran's active military service)".
(6) Section 1434 is amended --
(A) in subsection (a)(1), by inserting "1780(f)," after
"1780(c),"; and
(B) by inserting after subsection (b), as redesignated by
section 415(b)(3), the following new subsection:
"(c) Payment of educational assistance allowance in the case of an
eligible individual pursuing a program of education under this chapter
on less than a half-time basis shall be made in a lump-sum amount for
the entire quarter, semester, or term not later than the last day of the
month immediately following the month in which certification is received
from the educational institution that such individual has enrolled in
and is pursuing a program at such institution. Such lump-sum payment
shall be computed at the rate determined under section 1432(b) of this
title.".
(7) Section 1633 is amended by adding at the end the following
new subsection:
"(d) For any month in which an individual fails to complete 120 hours
of training, the entitlement otherwise chargeable under subsection (c)
of this section shall be reduced in the same proportion as the monthly
benefit payment payable is reduced under subsection (b) of this
subsection.".
(8)(A) Section 1781(b) is amended by adding at the end the
following:
"(5) The Omnibus Diplomatic Security and Antiterrorism Act of
1986 (Public Law 99-399).".
(B) Section 1795(a) is amended by adding at the end the
following:
"(8) The Omnibus Diplomatic Security and Antiterrorism Act of
1986 (Public Law 99-399).".
(9) Section 1790 is amended --
(A) in subsection (a)(2) by striking out "and prepayment";
(B) in subsection (b)(3)(A) by inserting "30," before "32";
and
(C) in subsection (b)(3)(B) --
(i) by striking out "(B)(i)" and inserting in lieu thereof
"(B)"; and
(ii) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii), respectively.
(b) TECHNICAL AMENDMENTS TO CHAPTERS 30, 31, 32, 34, 35, 36, AND 41
CONCERNING THE NEW DEPARTMENT OF VETERANS AFFAIRS. -- Title 38 is
amended as follows:
(1) Chapters 30, 31, 32, 34, 35, and 36 are amended --
(A) by striking out "Administrator" each place it appears
(other than in section 1652(b)) and inserting in lieu thereof
"Secretary"; and
(B) by striking out "Veterans' Administration" each place it
appears and inserting in lieu thereof "Department of Veterans
Affairs".
(2) Sections 1723(e), 1743(a), 1779(b), 1780(d)(3),
1790(b)(3)(B)(i)(III), 1794, 1796(c), and 1799(d) are amended by
striking out "Administrator's" and inserting in lieu thereof
"Secretary's".
(3) Section 1402(5) is amended to read as follows:
"(5) The term 'Secretary of Defense' means the Secretary of Defense,
except that it means the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the Navy.".
(4) The following sections, as in effect on the day before the
date of the enactment of this Act, are amended by inserting "of
Defense" after "Secretary":
(A) Sections 1418(a)(3), 1621(c), 1621(e), 1622(a), 1622(d),
1623(b), 1631(a)(2)(C), and 1642.
(B) Sections 1421(a), 1421(b), and 1622(e), the second place
"Secretary" appears.
(C) Section 1422(b), the third place "Secretar7y" appears.
(D) Sections 1436(b), 1622(c), and 1643, each place "Secretary"
appears.
(5) Section 1415(c), as in effect on the day before the date of
the enactment of this Act, is amended --
(A) by striking out "prescribed by the Secretary," and
inserting in lieu thereof "prescribed by the Secretary of
Defense,"; and
(B) by inserting "of Defense" after "Secretary" the last place
it appears.
(6) Section 1621(b)(1), as in effect on the day before the date
of the enactment of this Act, is amended by striking out
"(hereinafter" and all that follows through "Secretary')".
(7) Section 1623(d), as in effect on the day before the date of
the enactment of this Act, is amended --
(A) by inserting "of Defense" after "Secretary" the first place
it occurs; and
(B) by striking out "the Secretary" the second place it appears
and inserting in lieu thereof "such Secretary".
(8) Chapter 41 is amended --
(A) by striking out "Administrator" each place it appears
(other than in paragraphs (1) and (2) of section 2002A(e) and in
section 2010(b)(1)(G)) and inserting in lieu thereof "Secretary of
Veterans Affairs"; and
(B) by striking out "Veterans' Administration" each place it
appears and inserting in lieu thereof "Department of Veterans
Affairs".
SEC. 501. REIMBURSEMENT FOR COST OF CEMETERY HEADSTONE OR MARKER.
Subsection (d) of section 906 is amended --
(1) by striking out "actual costs incurred by or on behalf of
such person in acquiring" in the first sentence and inserting in
lieu thereof "cost of acquiring";
(2) by inserting after the first sentence the following: "The
cost referred to in the preceding sentence is the cost actually
incurred by or on behalf of such person or the cost prepaid by the
deceased individual, as the case may be."; and
(3) by striking out "the preceding sentence" and inserting in
lieu thereof "this subsection".
SEC. 502. BURIAL OF CREMATED REMAINS IN ARLINGTON NATIONAL CEMETERY.
(a) IN GENERAL. -- Chapter 24 is amended by adding at the end the
following new section:
"Section 1010. Burial of cremated remains in Arlington National
Cemetery
"(a) The Secretary of the Army shall designate an area of appropriate
size within Arlington National Cemetery for the unmarked interment, in
accordance with such regulations as the Secretary may prescribe, of the
ashes of persons eligible for interment in Arlington National Cemetery
whose remains were cremated. Such area shall be an area not suitable
for the burial of casketed remains.
"(b) The Secretary of the military departments shall make available
appropriate forms on which those members of the Armed Forces who so
desire may indicate their desire to be buried within the area to be
designated under subsection (a.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"1010. Burial of cremated remains in Arlington National Cemetery.".
SEC. 503. MEMBERSHIP ON AMERICAN BATTLE MONUMENTS COMMISSION.
The first section of the Act entitled "An Act for the creation of the
American Battle Monuments Commission to erect suitable memorials
commenorating the services of the American soldier in Europe, and for
other purposes" (36 U.S.C. 121), approved March 4, 1923, is amended by
striking out "commissioned officers" in the third sentence and inserting
in lieu thereof "members".
SEC. 504. GRAVE LINERS.
(a) IN GENERAL. -- Subsection (e)(1) of section 906 is amended by
striking out the first sentence and inserting in lieu thereof the
following: "The Secretary of Veterans Affairs shall provide a grave
liner for each new grave in an open cemetery within the National
Cemetery System in which remains are interred in a casket.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "38 USC
906 note" shall apply to interments that occur after January 1, 1990.
SEC. 505. OPERATION OF CERTAIN CEMETERY.
The Secretary of Veterans Affairs shall enter into a contract with
the State of Michigan, or the appropriate State agency thereof, under
which the Secretary shall, beginning not later than July 1, 1990,
operate and maintain the cemetery located in Mackinac Island State Park,
Michigan, in accordance with standards applicable to cemeteries in the
National Cemetery System.
SEC. 601. EXPANSION OF MULTIYEAR PROCUREMENT AUTHORITY TO INCLUDE
NON-MEDICAL ITEMS.
(a) EXPANSION OF AUTHORITY. -- Section 114 is amended --
(1) in subsection (a), by striking out "for use in Veterans'
Administration health-care facilities";
(2) in subsection (b)(2)(A), by striking "health-care"; and
(3) in subsection (e) --
(A) by striking out paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(b) CLERICAL AMENDMENTS. -- (1) The heading of such section is
amended to read as follows:
"Section 114. Multiyear procurement".
(2) The item relating to such section in the table of sections at the
beginning of chapter 1 is amended to read as follows:
"114. Multiyear procurement.".
SEC. 602. COURT OF VETERANS APPEALS.
(a) JUDICIAL PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS. -- (1)
Section 308 of the Ethics in Government Act of 1978 (28 U.S.C. App. 308)
is amended --
(A) in clause (9), by inserting "United States Court of
Veterans Appeals;" after "Appeals;"; and
(B) in clause (10) --
(i) by striking out "or" the first place it appears; and
(ii) by inserting a comma and "or of the United States Court of
Veterans Appeals" after "Appeals.
(2) Not later than 30 days after the date of the enactment of this
Act, each person who, on that date, is a judge of the United States
Court of Veterans Appeals or a judicial employee of such court and each
person who, before that date, has been nominated by the President to be
a judge on such court shall file a report containing the information
described in section 302(b) of the Ethics in Government Act of 1978 (28
U.S.C. App. 302(b)) "28 USC app. 302 note". Subsections (e), (f), and
(g) of section 302 of such Act shall apply to the requirement in the
preceding sentence.
(b) AUTHORITY TO ADMINISTER OATHS. -- Section 4054 is amended by
adding at the end the following new subsection:
"(d) Judges of the Court shall have the authority to administer
oaths.".
(c) AUTHORITY TO COMPEL ACTIONS UNREASONABLY DELAYED. -- Section
4061(a)(2) is amended by inserting "or unreasonably delayed" after
"withheld".
SEC. 603. COLLOCATION AND LEASE PURCHASE.
(a) REGIONAL OFFICES AND MEDICAL CENTERS. -- Section 230 is amended
by adding at the end the following new subsection:
"(c)(1) To provide for a more economical, efficient, and effective
operation of such regional offices, the Secretary shall provide for the
collocation of at least three regional offices with medical centers of
the Department --
"(A) on real property under the jurisdiction of the Department
of Veterans Affairs at such medical centers; or
"(B) on real property that is adjacent to such a medical center
and is under the jurisdiction of the Department as a result of
being conveyed to the United States for the purpose of such
collocation.
"(2)(A) In carrying out this subsection and notwithstanding any other
provision of law, the Secretary may lease, with or without compensation,
and for a period of not to exceed 35 years, to another party at not more
than seven locations any of the real property described in paragraph
(1)(A) or (B) of this subsection.
"(B) Such real property shall be used as the site of a facility --
"(i) constructed and owned by the lessee of such real property;
and
"(ii) leased under paragraph (3)(A) of this subsection to the
Department for such use and such other activities as the Secretary
determines are appropriate.
"(3)(A) The Secretary may enter into a lease for the use of any
facility described in paragraph (2)(B) of this subsection for not more
than 35 years under such terms and conditions as may be in the best
interests of the Department.
"(B) Each agreement to lease a facility under subparagraph (A) of
this paragraph shall include a provision that --
"(i) the obligation of the United States to make payments under
the agreement is subject to the availability of appropriations for
that purpose; and
"(ii) the ownership of such facility shall vest in the United
States at the end of such lease.
"(4)(A) The Secretary may sublease any space in such a facility to
another party at a rate not less than --
"(i) the rental rate paid by the Secretary for such space under
paragraph (3) of this subsection; plus
"(ii) the amount the Secretary pays for the cost of
administering such facility (including operation, maintenance,
utility, and rehabilitation costs) which are attributable to such
space.
"(B) In any such sublease, the Secretary shall include such terms
relating to default and nonperformance as the Secretary considers
appropriate to protect the interests of the United States.
"(5) The Secretary shall use the receipts of any payment for the
lease of real property under paragraph (2) for the payment of the lease
of a facility under paragraph (3).
"(6)(A) Subject to subparagraph (C)(i) of this paragraph, the
Secretary shall, within 120 days of the date of the enactment of this
subsection, issue an invitation for offers with respect to three
collocatioins to be carried out under this subsection. Such invitation
shall include, with respect to each such collocation, at least --
"(i) identification of the site to be developed;
"(ii) minimum office space requirements for regional office
activities;
"(iii) design criteria of the facility to be constructed;
"(iv) a plan for meeting the security and parking needs for the
facility and its occupants and visitors;
"(v) a statement of current and projected rents and other costs
for regional office activities;
"(vi) the estimated cost of construction of the facility
concerned, the estimated annual cost of leasing space for regional
office activities in the facility, and the estimated total annual
cost of leasing all space in such facility;
"(vii) a plan for securing appropriate licenses, easements, and
rights-of-way; and
"(viii) a list of terms and conditions the Secretary has
approved for inclusion in the lease agreement for the facility
concerned.
"(B) Subject to subparagraph (C)(ii) of this paragraph, the Secretary
shall --
"(i) within one year after the date on which the invitation is
issued under subparagraph (A) of this paragraph, enter into an
agreement to carry out one collocation under this subsection; and
"(ii) within 180 days after entering into the agreement
referred to in clause (i) of this subparagraph, enter into
agreements to carry out two additional collocations,
unless the Secretary determines that it is not economically feasible for
the Department of Veterans Affairs to undertake them, taking into
consideration all of the tangible and intangible benefits associated
with such collocations.
"(C) The Secretary shall --
"(i) at least 10 days before the issuance or other publication
of the invitation referred to in subparagraph (A) of this
paragraph, transmit a copy of such invitation to the Committees on
Veterans' Affairs of the Senate and House of Representatives; and
"(ii) at least 30 days before entering into an agreement under
subparagraph (B) of this paragraph, transmit a copy to the
Committees on Veterans' Affairs of the Senate and House of
Representatives of the proposals selected by the Secretary from
those received in response to the invitation issued under
subparagraph (A) of this paragraph.
"(7) The authority to enter into an agreement under this subsection
shall expire on October 1, 1992.".
(b) LEASE-PURCHASE OF CERTAIN MEDICAL CENTERS. -- Section 5003 is
amended by adding at the end the following new subsection:
"(d)(1) The Secretary may provide for the acquisition of not more
than three facilities for the provision of outpatient services or
nursing home care through lease-purchase arrangements on real property
under the jurisdiction of the Department of Veterans Affairs.
"(2)(A) In carrying out this subsection and notwithstanding any other
provision of law, the Secretary may lease with or without compensation
and for a period of not to exceed 35 years, to another party any of the
real property described in paragraph (1) of this subsection.
"(B) Such real property shall be used as the site of a facility
referred to in paragraph (1) of this subsection --
"(i) constructed and owned by the lessee of such real property;
and
"(ii) leased under paragraph (3)(A) of this subsection to the
Department for such use and for such other activities as the
Secretary determines are appropriate.
"(3)(A) The Secretary may enter into a lease for the use of any
facility described in paragraph (2)(B) of this subsection for not more
than 35 years under such terms and conditions as may be in the best
interests of the Department.
"(B) Each agreement to lease a facility under subparagraph (A) of
this paragraph shall include a provision that --
"(i) the obligation of the United States to make payments under
the agreement is subject to the availability of appropriations for
that purpose; and
"(ii) the ownership of such facility shall vest in the United
States at the end of such lease.
"(4)(A) The Secretary may sublease any space in such a facility to
another party at a rate not less than --
"(i) the rental rate paid by the Secretary for such space under
paragraph (3) of this subsection; plus
"(ii) the amount the Secretary pays for the costs of
administering such facility (including operation, maintenance,
utility, and rehabilitation costs) which are attributable to such
space.
"(B) In any such sublease, the Secretary shall include such terms
relating to default and nonperformance as the Secretary considers
appropriate to protect the interests of the United States.
"(5) The Secretary shall use the receipts of any payment for the
lease of real property under paragraph (2) for the payment of the lease
of a facility under paragraph (3).
"(6) The authority to enter into an agreement under this subsection
--
"(A) shall not take effect until the Secretary has entered into
agreements under section 230(c) of this title to carry out at
least three collocations; and
"(B) shall expire on October 1, 1993.".
SEC. 604. RATIFICATION.
Any actions of the Secretary of Veterans Affairs in carrying out the
provisions of section 620B of title 38, United States Code, "38 USC 620B
note" section 115 of the Veterans Benefits and Services Act of 1988,
section 618 of the Treasury, Postal Service and General Government
Appropriations Act, 1989, or section 1829 of such title, by contract or
otherwise, during the period beginning on December 1, 1989, and ending
on the date of the enactment of this Act are hereby ratified.
Approved December 18, 1989.
LEGISLATIVE HISTORY -- H.R. 901 (S. 13):
HOUSE REPORTS: No. 101-107 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 101-126 accompanying S. 13 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 135 (1989): June 27, considered and
passed House. Oct. 3, considered and passed Senate, amended. Nov. 20,
House concurred in Senate amendments with amendments. Senate concurred
in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
18, Presidential statement.
Public Law 101-236, 103 Stat. 2060
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO FEDERAL AVIATION ACT.
EXTENSION OF PROGRAM. -- Section 905(d)(4) of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1475(d)(4)) is amended by striking "2-year"
and inserting "28 month".
SEC. 2. INSTALLATION AND EVALUATION OF COLLISION AVOIDANCE SYSTEMS.
Section 601(f) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1421(f)) is amended --
(1) by redesignating paragraph (3) as paragraph (6); and
(2) by inserting immediately after paragraph (2) the following
new paragraphs:
"(3) OPERATIONAL EVALUATION. -- The Administrator shall
institute, for a 1-year period beginning not later than December
30, 1990, a program for the operational evaluation of the
collision avoidance system known as TCAS-II, in order to collect
and assess safety and operational data from the civil aircraft
equipped with such system. In conducting the program, the
Administrator shall encourage the participation of foreign air
carriers which operate civil aircraft equipped with such system.
"(4) EXTENSION OF TIME. -- If the Administrator determines
that extending the deadline contained in paragraph (2) is
necessary --
"(A) to promote a safe and orderly transition to operation of a
fleet of civil aircraft described in paragraph (2) which is
equipped with the collision avoidance system known as TCAS-II, or
"(B) to promote other safety objectives,
the Administrator may extend such deadline for a period not to
exceed 2 years.
"(5) COMPATABILITY OF WINDSHEAR EQUIPMENT INSTALLATION
SCHEDULE. -- The Administrator shall consider the feasibility and
desirability of amending the schedule for the installation of
airborne low-altitude windshear equipment in order to make such
schedule compatible with the schedule for the installation of the
collision avoidance system known as TCAS-II.".
SEC. 3. PENINSULA AIRPORT CONVEYANCE.
Subsection (b) of the first section of the Act entitled "An Act to
authorize the Secretary of Transportation to release restrictions on the
use of certain property conveyed to the Peninsula Airport Commission,
Virginia, for airport purposes", approved November 6, 1986 (Public Law
99-618; 100 Stat. 3490), is amended --
(1) in paragraph (3) by striking "7.5 acres" and inserting in
lieu thereof "20.5 acres"; and
(2) by striking paragraph (4).
SEC. 4. EXCESS LAND DISPOSAL.
Paragraph 14 of section 511(a) of the Airport and Airway Improvement
Act of 1982 (49 U.S.C. App. 2210(a)) is amended to read as follows:
"(14) if the airport operator or owner receives a grant before,
on, or after December 31, 1987, for the purchase of land for
airport development purposes (other than noise compatibility
purposes) --
"(A) the owner or operator will, when the land is no longer
needed for airport purposes, dispose of such land at fair market
value or make available to the Secretary an amount equal to the
United States proportionate share of the fair market value of the
land;
"(B) such disposition will be subject to the retention or
reservation of any interest or right therein necessary to ensure
that such land will only be used for purposes which are compatible
with noise levels associated with the operation of the airport;
"(C) that portion of the proceeds of such disposition which is
proportionate to the United States share of the cost of
acquisition of such land will --
"(i) upon application to the Secretary, be reinvested in
another eligible airport improvement project or projects approved
by the Secretary at that airport or within the national airport
system; or
"(ii) be paid to the Secretary for deposit in the Trust Fund if
no such eligible project exists;
subject to the requirement that land shall be considered to be
needed for airport purposes under this paragraph if (I) it may be
needed for aeronautical purposes (including runway protection
zone) or serves as noise buffer land and (II) the revenue from
interim uses of such land contributes to the financial
self-sufficiency of the airport, and subject to the further
requirement that land purchased with a grant received by an
airport operator or owner before December 31, 1987, will be
considered to be needed for airport purposes if the Secretary or
the Federal agency making such grant before December 31, 1987, was
notified by the operator or owner of the use of such land, did not
object to such use, and the land continues to be used for that
purpose;".
Approved December 15, 1989.
LEGISLATIVE HISTORY -- H.R. 3671:
HOUSE REPORTS: No. 101-371 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 17, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendment with an amendment. Senate concurred in
House amendment.
Public Law 101-235, 103 Stat. 1987
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 "42 USC 3531 note" may be cited as the
"Department of Housing and Urban Development Reform Act of 1989".
(b) TABLE OF CONTENTS. --
Sec. 1. Short title and table of contents.
Sec. 101. Allocation of housing assistance.
Sec. 102. HUD accountability.
Sec. 103. Prohibition of advance disclosure of funding decisions.
Sec. 104. Reform of headquarters reserve.
Sec. 105. Reform of CDBG discretionary fund and provision of
technical assistance.
Sec. 106. Waiver of regulation requirements and handbook provisions.
Sec. 107. Civil money penalties against mortgagees and lenders.
Sec. 108. Civil money penalties against multifamily mortgagors.
Sec. 109. Civil money penalties against section 202 mortgagors.
Sec. 110. Civil money penalties against GNMA issuers.
Sec. 111. Civil money penalties for violations of Interstate Land
Sales Full Disclosure Act.
Sec. 112. Registration of consultants.
Sec. 121. Establishment of HUD Chief Financial Officer.
Sec. 122. Establishment of FHA Comptroller.
Sec. 123. Expediting rulemaking.
Sec. 124. Funding for program evaluation and monitoring.
Sec. 125. Refinancing of section 235 mortgages.
Sec. 126. Sanctions for improper conveyances under urban homestead
programs.
Sec. 127. Reform of moderate rehabilitation program.
Sec. 131. Annual audited financial statements.
Sec. 132. Credit reviews of persons acquiring mortgages properties
under single family program for life of mortgage.
Sec. 133. Repeal of title X land development program.
Sec. 134. Civil money penalties for improper dealer and loan broker
participation in origination of property improvement loans.
Sec. 135. Notification regarding suspended mortgagees.
Sec. 136. FHA foreclosed properties.
Sec. 137. Report regarding providing foreclosed properties to 1989
disaster victims.
Sec. 138. Report regarding actions to improve direct endorsement
program.
Sec. 139. Co-insurance amendments.
Sec. 140. FHA management.
Sec. 141. Contracting for financial management support.
Sec. 142. FHA operations.
Sec. 143. Elimination of private investor-owners from single family
mortgage insurance program.
Sec. 201. Limitations on prepayment.
Sec. 202. Clarification of applicability to voluntary termination of
insurance.
Sec. 203. Incentives to extend low-income use.
Sec. 204. Preservation.
Sec. 205. Report on property disposition demonstration.
Sec. 206. Prohibition on prepayment of new rural housing loans.
Sec. 207. Equity takeout incentive for new rural housing loans.
Sec. 301. Flexible subsidy program.
Sec. 302. Continuation of public housing economic rent.
Sec. 303. Extension of reciprocity in approval of housing
subdivisions among Federal agencies.
Sec. 304. HODAG Amendment.
Sec. 401. Accountability in awards of assistance; remedies and
penalties.
Sec. 402. Reuse of section 515 loan authority.
Sec. 501. Purpose.
Sec. 502. Establishment of Commission.
Sec. 503. Membership of Commission.
Sec. 504. Functions of the Commission.
Sec. 505. Powers of Commission.
Sec. 506. Authorization of appropriations.
Sec. 507. Sunset.
Sec. 601. Establishment.
Sec. 602. Membership.
Sec. 603. Functions of the Commission.
Sec. 604. Powers of the Commission.
Sec. 605. Authorization of appropriations.
Sec. 701. Nullification of right of redemption of single family
mortgagors under section 312 rehabilitation loan program.
Sec. 702. CDBG Grants to Indian tribes.
Sec. 801. Annual adjustment factors for section 8 rents.
SEC. 101. ALLOCATION OF HOUSING ASSISTANCE.
(a) ASSISTANCE SUBJECT TO FORMULA ALLOCATION. -- Section 213(d)(1)
of the Housing and Community Development Act "42 USC 1439" of 1974 is
amended to read as follows:
"(d)(1)(A) Except as provided by subparagraph (B), the Secretary
shall allocate assistance referred to in subsection (a)(1) the first
time it is available for reservation on the basis of a formula that is
contained in a regulation prescribed by the Secretary, and that is based
on the relative needs of different States, areas, and communities, as
reflected in data as to population, poverty, housing overcrowding,
housing vacancies, amount of substandard housing, and other objectively
measurable conditions specified in the regulation. In allocating
assistance under this paragraph for each program of housing assistance
under subsection (a)(1), the Secretary shall apply the formula, to the
extent practicable, in a manner so that the assistance under the program
is allocated according to the particular relative needs under the
preceding sentence that are characteristic of and related to the
particular type of assistance provided under the program. Assistance
under section 202 of the Housing Act of 1959 shall be allocated in a
manner that ensures that awards of the assistance under such section are
made for projects of sufficient size to accommodate facilities for
supportive services appropriate to the needs of frail elderly residents.
"(B) The formula allocation requirements of subparagraph (A) shall
not apply to --
"(i) assistance that is approved in appropriation Acts for use
under sections 9 or 14, or the rental rehabilitation grant program
under section 17, of the United States Housing Act of 1937, except
that the Secretary shall comply with section 102 of the Department
of Housing and Urban Development Reform Act of 1989 with respect
to such assistance; or
"(ii) other assistance referred to in subsection (a) that is
approved in appropriation Acts for uses that the Secretary
determines are incapable of geographic allocation, including
amendments of existing contracts, renewal of assistance contracts,
assistance to families that would otherwise lose assistance due to
the decision of the project owner to prepay the project mortgage
or not to renew the assistance contract, assistance to prevent
displacement or to provide replacement housing in connection with
the demolition or disposition of public and Indian housing, and
assistance in support of the property disposition and loan
management functions of the Secretary.
"(C) Any allocation of assistance under subparagraph (A) shall, as
determined by the Secretary, be made to the smallest practicable area,
consistent with the delivery of assistance through a meaningful
competitive process designed to serve areas with greater needs.
"(D) Any amounts allocated to a State or areas or communities within
a State that are not likely to be used within a fiscal year shall not be
reallocated for use in another State, unless the Secretary determines
that other areas or communities (that are eligible for assistance under
the program) within the same State cannot use the amounts within that
same fiscal year.".
(b) ALLOCATION TO NONMETROPOLITAN AREAS. -- The second sentence of
section 213(d)(2) of the Housing and Community Development Act of 1974
"42 USC 1439" is amended by striking "such assistance" and inserting
"the assistance that is subject to allocation under paragraph (1)(A)".
(c) COMPETITION FOR ASSISTANCE. -- Section 213(d) of the Housing and
Community Development Act of 1974 is amended by adding at the end the
following new paragraph:
"(5)(A) The Secretary shall not reserve or obligate assistance
subject to allocation under paragraph (1)(A) to specific recipients,
unless the assistance is first allocated on the basis of the formula
contained in that paragraph and then is reserved and obligated pursuant
to a competition.
"(B) Any competition referred to in subparagraph (A) shall be
conducted pursuant to specific criteria for the selection of recipients
of assistance. The criteria shall be contained in --
"(i) a regulation promulgated by the Secretary after notice and
public comment; or
"(ii) to the extent authorized by law, a notice published in
the Federal Register.
"(C) Subject to the times at which appropriations for assistance
subject to paragraph (1)(A) may become available for reservation in any
fiscal year, the Secretary shall take such steps as the Secretary deems
appropriate to ensure that, to the maximum extent practicable, the
process referred to in subparagraph (A) is carried out with similar
frequency and at similar times for each fiscal year.
"(D) This paragraph shall not apply to assistance referred to in
paragraph (4).".
(d) APPLICABILITY. -- In accordance with section 201(b)(2) of the
United States Housing Act of 1937, "42 USC 1437aa note" the amendments
made by subsections (a), (b), and (c) of this section shall also apply
to public housing developed or operated pursuant to a contract between
the Secretary of Housing and Urban Development and an Indian housing
authority.
(e) CONFORMING AMENDMENT. -- Section 213(a)(1) of the Housing and
Community Development Act of 1974 "42 USC 1439" is amended by striking
"section 235 or 236 of the National Housing Act,".
SEC. 102. "42 USC 3545" HUD ACCOUNTABILITY.
(a) NOTICE REGARDING ASSISTANCE. --
(1) PUBLICATION OF NOTICE OF AVAILABILITY. -- The Secretary
shall publish in the Federal Register notice of the availability
of any assistance under any program or discretionary fund
administered by the Secretary.
(2) PUBLICATION OF APPLICATION PROCEDURES. -- The Secretary
shall publish in the Federal Register a description of the form
and procedures by which application for the assistance may be
made, and any deadlines relating to the award or allocation of the
assistance. Such description shall be designed to help eligible
applicants to apply for such assistance.
(3) PUBLICATION OF SELECTION CRITERIA. -- Not less than 30
days before any deadline by which applications or requests for
assistance under any program or discretionary fund administered by
the Secretary must be submitted, the Secretary shall publish in
the Federal Register the criteria by which selection for the
assistance will be made. Subject to section 213 of the Housing
and Community Development Act of 1974, such criteria shall include
any objective measures of housing need, project merit, or
efficient use of resources that the Secretary determines are
appropriate and consistent with the statute under which the
assistance is made available.
(4) DOCUMENTATION OF DECISIONS. --
(A) The Secretary shall award or allocate assistance only in
response to a written application in a form approved in advance by
the Secretary, except where other award or allocation procedures
are specified in statute.
(B) The Secretary shall ensure that documentation and other
information regarding each application for assistance is
sufficient to indicate the basis on which any award or allocation
was made or denied. The preceding sentence shall apply to --
(i) any application for an award or allocation of assistance
made by the Secretary to a State, unit of general local
government, or other recipient of assistance, and
(ii) any application for a subsequent award or allocation of
such assistance by such State, unit of general local government or
other recipient.
(C)(i) The Secretary shall notify the public of all funding
decisions made by the Department. The Secretary shall require any
State or unit of general local government to notify the public of
the award or allocation of such funding to subsequent recipients.
The notification shall include the following elements for each
funding decision:
(I) the name and address of each funding recipient;
(II) the name or other means of identifying the project,
activity, or undertaking for each funding recipient;
(III) the dollar amount of the funding for each project,
activity, or undertaking;
(IV) the citation to the statutory, regulatory, or other
criteria under which the funding decision was made; and
(V) such additional information as the Secretary deems
appropriate for a clear and full understanding of the funding
decision.
(ii) The notification referred to in clause (i) of this
subsection shall be published as a Notice in the Federal Register
at least quarterly.
(iii) For purposes of this subparagraph, the term 'funding
decision' means the decision of the Secretary to make available
grants, loans, or any other form of financial assistance to an
individual or to an entity, including (but not limited to) a State
or local government or agency thereof (including a public housing
agency), an Indian tribe, or a nonprofit organization, under any
program administered by the Department that provides, by statute,
regulation, or otherwise, for the competitive distribution of
financial assistance.
(D) The Secretary shall publish a notice in the Federal
Register at least annually informing the public of the allocation
of assistance under section 213(d)(1)(A) of the Housing and
Community Development Act of 1974.
(E) The Secretary shall ensure that each application and all
related documentation and other information referred to in
subparagraph (B), including each letter of support, is readily
available for public inspection for a period of not less than 5
years, beginning not less than 30 days following the date on which
the award or allocation is made.
(5) EMERGENCY EXCEPTION. -- The Secretary may waive the
requirements of paragraphs (1), (2), and (3) if the Secretary
determines that the waiver is required for appropriate response to
an emergency. Not less than 30 days after providing a waiver
under the preceding sentence, the Secretary shall publish in the
Federal Register the Secretary's reasons for so doing.
(b) DISCLOSURES BY APPLICANTS. -- The Secretary shall require the
disclosure of information with respect to any application for assistance
within the jurisdiction of the Department for a project application
submitted to the Secretary or to any State or unit of general local
government by any applicant who has received or, in the determination of
the Secretary, can reasonably be expected to receive assistance within
the jurisdiction of the Department in excess of $200,000 in the
aggregate during any fiscal year or such lower amount as the Secretary
may establish by regulation. Such information shall include the
following:
(1) OTHER GOVERNMENT ASSISTANCE. -- Information regarding any
related assistance from the Federal Government, a State, or a unit
of general local government, or any agency or instrumentality
thereof, that is expected to be made available with respect to the
project or activities for which the applicant is seeking
assistance. Such related assistance shall include but not be
limited to any loan, grant, guarantee, insurance, payment, rebate,
subsidy, credit, tax benefit, or any other form of direct or
indirect assistance.
(2) INTERESTED PARTIES. -- The name and pecuniary interest of
any person who has a pecuniary interest in the project or
activities for which the applicant is seeking assistance. Persons
with a pecuniary interest in the project or activity shall include
but not be limited to any developers, contractors, and consultants
involved in the application for assistance or the planning,
development, or implementation of the project or activity. For
purposes of this paragraph, residency of an individual in housing
for which assistance is being sought shall not, by itself, be
considered a pecuniary interest.
(3) EXPECTED SOURCES AND USES. -- A report satisfactory to the
Secretary of the expected sources and uses of funds that ared to
be made available for the project or activity.
(c) UPDATING OF DISCLOSURE. -- During the period when an application
is pending or assistance is being provided, the applicant shall update
the disclosure required under the previous subsection within 30 days of
any substantial change.
(d) LIMITATION OF ASSISTANCE. -- The Secretary shall certify that
assistance within the jurisdiction of the Department to any housing
project shall not be more than is necessary to provide affordable
housing after taking account of assistance described in subsection
(b)(1). The Secretary shall adjust the amount of assistance awarded or
allocated to an applicant to compensate in whole or in part, as the
Secretary determines to be appropriate, for any changes reported under
subsection (c).
(e) ADMINISTRATIVE REMEDIES. -- If the Secretary receives or obtains
information provided a reasonable basis to believe that a violation of
subsection (b) or (c) has occurred, the Secretary shall --
(1) in the case of a selection that has not been made,
determine whether to terminate the selection process or take other
appropriate actions; and
(2) in the case of a selection that has been made, determine
whether to --
(A) void or rescind the selection, subject to review and
determination on the record after opportunity for a hearing;
(B) impose sanctions upon the violator, including debarment,
subject to review and determination on the record after
opportunity for a hearing;
(C) recapture any funds that have been disbursed;
(D) permit the violating applicant selected to continue to
participate in the program; or
(E) take any other actions that the Secretary considers
appropriate.
The Secretary shall publish in the Federal Register a descriptive
statement of each determination made and action taken under this
subsection.
(f) CIVIL MONEY PENALTIES. --
(1) IN GENERAL. -- Whenever any person knowingly and
materially violates any provision of subsection (b) or (c), the
Secretary may impose a civil money penalty on that person in
accordance with the provisions of this section. This penalty
shall be in addition to any other available civil remedy or any
available criminal penalty, and may be imposed whether or not the
Secretary imposes other administrative sanctions.
(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, may not exceed $10,000 for each
violation.
(g) AGENCY PROCEDURES. -- (1) The Secretary shall establish
standards and procedures governing the imposition of civil money
penalties under subsection (f). These standards and procedures --
(A) shall provide for the Secretary to make the determination
to impose the penalty or to use an administrative entity to make
the determination;
(B) shall provide for the imposition of a penalty only after
the person has been given an opportunity for a hearing on the
record; and
(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
If no hearing is requested within 15 days of receipt of the notice of
opportunity for hearing, the imposition of the penalty shall constitute
a final and unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or reverse
that determination or order. If the Secretary does not review the
determination or order, the determination or order shall be final.
(2) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In determining the
amount of a penalty under subsection (f), consideration shall be given
to such factors as the gravity of the offense, ability to pay the
penalty, injury to the public, benefits received, deterrence of future
violations, and such other factors as the Secretary may determine in
regulations to be appropriate.
(3) REVIEWABILITY OF IMPOSITION OF A PENALTY. -- The Secretary's
determination or order imposing a penalty under subsection (f) shall not
be subject to review, except as provided in subsection (h).
(h) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (g)(1), a
person against whom the Secretary has imposed a civil money
penalty under subsection (f) may obtain a review of the penalty
and such ancillary issues as may be addressed in the notice of
determination to impose a penalty under subsection (g)(1)(A) in
the appropriate court of appeals of the United States, by filing
in such court, within 20 days after the entry of such order or
determination, a written petition praying that the order or
determination of the Secretary be modified or be set aside in
whole or in part.
(2) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to subsection (g)(1) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at the hearing is
material and that there were reasonable grounds for the failure to
present such evidence at the hearing, the court shall remand the
matter to the Secretary for consideration of such additional
evidence.
(3) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
(4) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
(i) ACTION TO COLLECT THE PENALTY. -- If any person fails to comply
with the determination or order of the Secretary imposing a civil money
penalty under subsection (f), after the determination or order is no
longer subject to review as provided by subsections (g)(1) and (h), the
Secretary may request the Attorney General of the United States to bring
an action in an appropriate United States district court to obtain a
monetary judgment against the person and such other relief as may be
available. The monetary judgment may, in the court's discretion,
include the attorneys' fees and other expenses incurred by the United
States in connection with the action. In an action under this
subsection, the validity and appropriateness of the Secretary's
determination or order imposing the penalty shall not be subject to
review.
(j) SETTLEMENT BY THE SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
(k) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
(l) DEPOSIT OF PENALTIES. -- The Secretary shall deposit all civil
money penalties collected under this section into miscellaneous receipts
of the Treasury.
(m) DEFINITIONS. -- For the purpose of this section --
(1) The term "Department" means the Department of Housing and
Urban Development.
(2) The term "Secretary" means the Secretary of Housing and
Urban Development.
(3) The term "person" means an individual (including a
consultant, lobbyist, or lawyer), corporation, company,
association, authority, firm, partnership, society, State, local
government, or any other organization or group of people.
(4) The term "assistance within the jurisdiction of the
Department" includes any contract, grant, loan, cooperative
agreement, or other form of assistance, including the insurance or
guarantee of a loan, mortgage, or pool of mortgages.
(5) The term "knowingly" means having actual knowledge of or
acting with deliberate ignorance of or reckless disregard for the
prohibitions under this section.
(n) EFFECTIVE DATE. -- This section shall take effect on the date
specified in regulations implementing this section that are issued by
the Secretary after notice and public comment.
SEC. 103. PROHIBITION OF ADVANCE DISCLOSURE OF FUNDING DECISIONS.
The Department of Housing and Urban Development Act is amended by
adding at the end the following new section:
"SEC. 12. "42 USC 3537a" (a) PROHIBITED ACTIONS. -- During any
selection process, no officer or employee of the Department of Housing
and Urban Development shall knowingly disclose any covered selection
information regarding such selection, directly or indirectly, to any
person other than a person authorized by the Secretary to receive such
information.
"(b) ADMINISTRATIVE REMEDIES. -- If the Secretary receives or
obtains information providing a reasonable basis to believe that a
violation of subsection (a) has occurred, the Secretary shall --
"(1) in the case of a selection that has not been made,
determine whether to terminate the selection process or take other
appropriate actions; and
"(2) in the case of a selection that has been made, determine
whether to --
"(A) void or rescind the selection, subject to review and
determination on the record after opportunity for a hearing;
"(B) impose sanctions upon the violating applicant selected,
subject to review and determination on the record after
opportunity for a hearing;
"(C) permit the violating applicant selected to continue to
participate in the program; or
"(D) take any other actions that the Secretary considers
appropriate.
"(c) CIVIL MONEY PENALTIES. --
"(1) IN GENERAL. -- Whenever any employee of the Department
knowingly and materially violates the prohibition in subsection
(a), the Secretary may impose a civil money penalty on the
employee in accordance with the provisions of this subsection.
This penalty shall be in addition to any other available civil
remedy or any available criminal penalty and may be imposed
whether or not the Secretary takes other disciplinary actions.
"(2) AMOUNT. -- The amount of the penalty, as determined by
the Secretary, may not exceed $10,000 for each violation.
"(3) AGENCY PROCEDURES. --
"(A) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under this subsection. The standards and procedures --
"(i) shall provide for the Secretary or other official of the
Department to make the determination to impose a penalty or to use
an administrative entity to make the determination;
"(ii) shall provide for the imposition of a penalty only after
the employee has been given an opportunity for a hearing on the
record; and
"(iii) may provide for review of any determination or order, or
interlocutory ruling, arising from a hearing.
"(B) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable order. If the Secretary reviews the determination or
order, the Secretary may affirm, modify, or reverse that
determination or order. If the Secretary does not review the
determination or order within 90 days of the issuance of the
determination or order, the determination or order shall be final.
"(C) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under paragraph (2),
consideration shall be given to such factors as the gravity of the
offense, any history of prior disclosures of information on
pending funding decisions made after the date of enactment of this
section, ability to pay the penalty, injury to the public,
benefits received, deterrence of future violations, and such other
factors as the Secretary may determine in regulations to be
appropriate.
"(D) REVIEWABILITY OF IMPOSITION OF A PENALTY. -- The
Secretary's determination or order imposing a penalty under
paragraph (1) shall not be subject to review, except as provided
in paragraph (4).
"(4) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(A) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under paragraph (3)(A), an
employee against whom the Secretary has imposed a civil money
penalty under paragraph (1) may obtain a review of the penalty and
such ancillary issues (such as any administrative sanctions under
24 C.F.R. part 25) as may be addressed in the notice of
determination to impose a penalty under paragraph (3)(A)(i) in the
appropriate court of appeals of the United States, by filing in
such court, within 20 days after the entry of such order or
determination, a written petition praying that the Secretary's
order or determination be modified or be set aside in whole or in
part.
"(B) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to paragraph (3)(A) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at such hearing
is material and that there were reasonable grounds for the failure
to present such evidence at the hearing, the court shall remand
the matter to the Secretary for consideration of such additional
evidence.
"(C) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(D) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(5) ACTION TO COLLECT PENALTY. -- If any employee fails to
comply with the Secretary's determination or order imposing a
civil money penalty under paragraph (1), after the determination
or order is no longer subject to review as provided by paragraphs
(3)(A) and (4), the Secretary may request the Attorney General of
the United States to bring an action in an appropriate United
States district court to obtain a monetary judgment against the
employee and such other relief as may be available. The monetary
judgment may, in the court's discretion, include the attorneys'
fees and other expenses incurred by the United States in
connection with the action. In an action under this subsection,
the validity and appropriateness of the Secretary's determination
or order imposing the penalty shall not be subject to review.
"(6) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has
been, imposed under this subsection.
"(7) DEPOSIT OF PENALTIES. -- The Secretary shall deposit all
civil money penalties collected under this subsection into
miscellaneous receipts of the Treasury.
"(d) CRIMINAL PENALTIES. -- Whoever willfully violates subsection
(a) by making a disclosure prohibited by subsection (a) to any
applicant, or any officer, employee, representative, agent, or
consultant of any applicant, shall be imprisoned not more than 5 years,
or fined in accordance with title 18, United States Code, or both.
"(e) DEFINITIONS. -- For purposes of this section:
"(1) APPLICANT. -- The term 'applicant' means any applicant or
candidate that is being considered for receiving assistance.
"(2) ASSISTANCE. -- The term 'assistance' means any grant,
loan, subsidy, guarantee, or other financial assistance under a
program administered by the Secretary that provides by statute,
regulation, or otherwise for the competitive distribution of such
assistance. The term does not include any mortgage insurance
provided under a program administered by the Secretary.
"(3) COVERED SELECTION INFORMATION. -- The term 'covered
selection information' means --
"(A) any information that is contained in any application or
request for assistance, or any information regarding the decision
of the Secretary to make available assistance or other information
that is determined by the Secretary to be information that is not
generally available to the public (not including program
requirements and timing of the decision to make assistance
available); and
"(B) any information that is required by statute, regulation,
or order to be confidential.
"(4) KNOWINGLY. -- The term 'knowingly' means having actual
knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(5) SELECTION. -- The term 'selection' means the
determination of which applicants for assistance are to receive
assistance under the program.
"(6) SELECTION PROCESS. -- The term 'selection process' means
the period with respect to a selection for assistance that begins
with the development, preparation, and issuance of a solicitation
or request for applications for the assistance and concludes with
the selection of recipients of assistance, and includes the
evaluation of applications.
"(f) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(g) APPLICABILITY. -- This section shall apply only with respect to
violations that occur on or after the date of the enactment of the
Department of Housing and Urban Development Reform Act of 1989.".
SEC. 104. REFORM OF HEADQUARTERS RESERVE.
(a) FUNDING CATEGORIES. -- Section 213(d)(4) of the Housing and
Community Development Act of 1974 "42 USC 1439" is amended to read as
follows:
"(4)(A) Notwithstanding any other provision of law, with respect to
fiscal years beginning after September 30, 1990, the Secretary may
retain not more than 5 percent of the financial assistance that becomes
available under programs described in subsection (a)(1) during any
fiscal year. Any such financial assistance that is retained shall be
available for subsequent allocation to specific areas and communities,
and may only be used for --
"(i) unforeseen housing needs resulting from natural and other
disasters;
"(ii) housing needs resulting from emergencies, as certified by
the Secretary, other than such disasters;
"(iii) housing needs resulting from the settlement of
litigation; and
"(iv) housing in support of desegregation efforts.
"(B) Any amounts retained in any fiscal year under subparagraph (A)
that are unexpended at the end of such fiscal year shall remain
available for the following fiscal year under the program under
subsection (a)(1) from which the amount was retained. Such amounts
shall be allocated on the basis of the formula under subsection
(d)(1).".
(b) EFFECTIVE DATE. -- Any assistance made available under section
213(d)(4) of the Housing and Community Development Act of 1974 "42 USC
1439 note" before October 1, 1990, or pursuant to a commitment for such
assistance entered into before such date, shall be governed by the
provisions of section 213(d)(4) as such section existed before the date
of the enactment of this Act.
(c) INDIAN HOUSING. -- In accordance with section 201(b)(2) of the
United States Housing Act of 1937, "42 USC 1437aa note" the amendment
made by subsection (a) and the provisions of subsection (b) of this
section shall also apply to public housing developed or operated
pursuant to a contract between the Secretary of Housing and Urban
Development and an Indian housing authority.
SEC. 105. REFORM OF CDBG DISCRETIONARY FUND AND PROVISION OF
TECHNICAL ASSISTANCE.
(a) SPECIAL PURPOSE GRANTS. -- Section 107(a) of the Housing and
Community Development Act of 1974 "42 USC 5307" is amended --
(1) by striking "in a special discretionary fund" in the first
sentence; and
(2) by striking all that follows the period at the end of the
second sentence.
(b) AUTHORIZED USES. -- Section 107(b) of the Housing and Community
Development Act of 1974 is amended --
(1) by striking paragraphs (1) and (3);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon;
(3) by redesignating paragraphs (2) and (5) (as amended) as
paragraphs (1) and (2), respectively; and
(4) by inserting after paragraph (2) (as so redesignated) the
following new paragraph:
"(3) to historically Black colleges; and"; and
(5) in paragraph (4) --
(A) by striking "and" after the third semicolon and all that
follows through "and" after the fourth semicolon; and
(B) by striking "and" at the end and inserting the following:
"for purposes of this paragraph the term 'technical assistance'
means the facilitating of skills and knowledge in planning,
developing, and administering activities under this title in
entities that may need but do not possess such skills and
knowledge, and includes assessing programs and activities under
this title; except that any recipient of a grant under this
paragraph that provides technical assistance pursuant to this
paragraph shall provide for the notification of the availability
of such assistance and shall have specific criteria for selection
of recipients of such assistance that are published and publicly
available.".
(c) FUNDING CRITERIA. -- Section 107 of the Housing and Community
Development Act of 1974 "42 USC 5307" is amended by adding at the end
the following new subsection:
"(f) Any grant made under this section shall be made pursuant to
criteria for selection of recipients of such grants that the Secretary
shall by regulation establish and which the Secretary shall publish
together with any notification of availability of amounts under this
section.".
(d) APPLICABILITY. --
(1) IN GENERAL. -- Except as provided in this paragraph and
paragraph (2), the amendments made by this section shall apply
with respect to any grants made under section 107 of the Housing
and Community Development Act of 1974 "42 USC 5307 note" on or
after the date of the enactment of this Act, except a grant made
under the third sentence of section 107(a) of Housing and
Community Development Act of 1974, as such sentence existed
immediately before such date, and grants for specific activities
(referred to in House Report Number 101-297) pursuant to the
amount appropriated for use under section 107 by the enactment of
the bill, H.R. 2916, of the One Hundred First Congress.
(2) PRIOR GRANTS. -- Any grant made under section 107 of the
Housing and Community Development Act of 1974 before the date of
the enactment of this Act or pursuant to a grant award
notification made before such date shall be governed by the
provisions of such section as it existed immediately before the
date of the enactment of this Act.
(e) CONFORMING AMENDMENT. -- The section heading of section 107 of
the Housing and Community Development Act of 1974 is amended to read as
follows:
SEC. 106. WAIVER OF REGULATION REQUIREMENTS AND HANDBOOK PROVISIONS.
Section 7 of the Department of Housing and Urban Development Act "42
USC 3535" is amended by adding at the end the following new subsection:
"(q)(1) Any waiver of regulations of the Department shall be in
writing and shall specify the grounds for approving the waiver.
"(2) The Secretary may delegate authority to approve a waiver of a
regulation only to an individual of Assistant Secretary rank or
equivalent rank, who is authorized to issue the regulation to be waived.
"(3) The Secretary shall notify the public of all waivers of
regulations approved by the Department. The notification shall be
included in a notice in the Federal Register published not less than
quarterly. Each notification shall cover the period beginning on the
day after the last date covered by the prior notification, and shall --
"(A) identify the project, activity, or undertaking involved;
"(B) describe the nature of the requirement that has been
waived and specify the provision involved;
"(C) specify the name and title of the official who granted the
waiver request;
"(D) include a brief description of the grounds for approval of
the waiver; and
"(E) state how more information about the waiver and a copy of
the request and the approval may be obtained.
"(4) Any waiver of a provision of a handbook of the Department shall
--
"(A) be in writing;
"(B) specify the grounds for approving the waiver; and
"(C) be maintained in indexed form and made available for
public inspection for not less than the 3-year period beginning on
the date of the waiver.".
SEC. 107. CIVIL MONEY PENALTIES AGAINST MORTGAGEES AND LENDERS.
(a) IN GENERAL. -- Title V of the National Housing Act is amended by
adding at the end the following new section:
"SEC. 536. (a) IN GENERAL. --
"(1) AUTHORITY. -- Whenever a mortgagee approved under this
Act, "12 USC 1735f-14" or a lender holding a contract of insurance
under title I of this Act, knowingly and materially violates any
of the provisions of subsection (b), the Secretary may impose a
civil money penalty on the mortgagee or lender in accordance with
the provisions of this section. The penalty shall be in addition
to any other available civil remedy or any available criminal
penalty, and may be imposed whether or not the Secretary imposes
other administrative sanctions.
"(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, may not exceed $5,000 for each
violation, except that the maximum penalty for all violations by
any particular mortgagee or lender during any 1-year period shall
not exceed $1,000,000. Each violation of a provision of
subsection (b)(1) shall constitute a separate violation with
respect to each mortgage or loan application. In the case of a
continuing violation, as determined by the Secretary, each day
shall constitute a separate violation.
"(b) VIOLATIONS FOR WHICH A PENALTY MAY BE IMPOSED. --
"(1) VIOLATIONS. -- The Secretary may impose a civil money
penalty under subsection (a) for any knowing and material
violation by a mortgagee or lender, as follows:
"(A) Except where expressly permitted by statute, regulation,
or contract approved by the Secretary, transfer of a mortgage
insured under this Act to a mortgagee not approved by the
Secretary, or transfer of a loan to a transferee that is not
holding a contract of insurance under title I of this Act.
"(B) Failure of a nonsupervised mortgagee, as defined by the
Secretary --
"(i) to segregate all escrow funds received from a mortgagor
for ground rents, taxes, assessments, and insurance premiums; or
"(ii) to deposit those funds in a special account with a
depository institution whose accounts are insured by the Federal
Deposit Insurance Corporation through the Bank Insurance Fund for
banks and through the Savings Association Insurance Fund for
savings associations, or by the National Credit Union
Administration.
"(C) Use of escrow funds for any purpose other than that for
which they were received.
"(D) Submission to the Secretary of information that was false,
in connection with any mortgage insured under this Act, or any
loan that is covered by a contract of insurance under title I of
this Act.
"(E) With respect to an officer, director, principal, or
employee --
"(i) hiring such an individual whose duties will involve,
directly or indirectly, programs administered by the Secretary,
while that person was under suspension or withdrawal by the
Secretary; or
"(ii) retaining in employment such an individual who continues
to be involved, directly or indirectly, in programs administered
by the Secretary, while that person was under suspension or
withdrawal by the Secretary.
"(F) Falsely certifying to the Secretary or submitting to the
Secretary a false certification by another person or entity.
"(G) Failure to comply with an agreement, certification, or
condition of approval set forth on, or applicable to --
"(i) the application of a mortgagee or lender for approval by
the Secretary; or
"(ii) the notification by a mortgagee or lender to the
Secretary concerning establishment of a branch office.
"(H) Violation of any provisions of title I, II, or X (as such
title existed immediately before the effective date of the
Department of Housing and Urban Development Reform Act of 1989) of
this Act or any implementing regulation or handbook that is issued
under this Act.
"(2) NOTIFICATION TO ATTORNEY GENERAL. -- Before taking action
to impose a civil money penalty for a violation under paragraph
(1)(D) or paragraph (1)(F), the Secretary shall inform the
Attorney General of the United States.
"(c) AGENCY PROCEDURES. --
"(1) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under subsection (a). These standards and procedures --
"(A) shall provide for the Secretary to make the determination
to impose the penalty or to use an administrative entity (such as
the Mortgagee Review Board, established pursuant to section 202(c)
of the National Housing Act) to make the determination;
"(B) shall provide for the imposition of a penalty only after
the mortgagee or lender has been given an opportunity for a
hearing on the record; and
"(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
"(2) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does not
review the determination or order within 90 days of the issuance
of the determination or order, the determination or order shall be
final.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under subsection (a),
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including those before
enactment of this section), ability to pay the penalty, injury to
the public, benefits received, deterrence of future violations,
and such other factors as the Secretary may determine in
regulations to be appropriate.
"(4) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
subsection (a) shall not be subject to review, except as provided
in subsection (d).
"(d) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (c)(1), a
mortgagee or lender against whom the Secretary has imposed a civil
money penalty under subsection (a) may obtain a review of the
penalty and such ancillary issues (such as any administrative
sanctions under 24 C.F.R. part 25) as may be addressed in the
notice of determination to impose a penalty under subsection
(c)(1)(A) in the appropriate court of appeals of the United
States, by filing in such court, within 20 days after the entry of
such order or determination, a written petition praying that the
Secretary's determination or order be modified or be set aside in
whole or in part.
"(2) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to subsection (c)(1) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at the hearing is
material and that there were reasonable grounds for the failure to
present such evidence at the hearing, the court shall remand the
matter to the Secretary for consideration of the additional
evidence.
"(3) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(4) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(e) ACTION TO COLLECT PENALTY. -- If any mortgagee or lender fails
to comply with the Secretary's determination or order imposing a civil
money penalty under subsection (a), after the determination or order is
no longer subject to review as provided by subsections (c)(1) and (d),
the Secretary may request the Attorney General of the United States to
bring an action in an appropriate United States district court to obtain
a monetary judgment against the mortgagee or lender and such other
relief as may be available. The monetary judgment may, in the court's
discretion, include the attorneys fees and other expenses incurred by
the United States in connection with the action. In an action under
this subsection, the validity and appropriateness of the Secretary's
determination or order imposing the penalty shall not be subject to
review.
"(f) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
"(g) DEFINITION OF KNOWINGLY. -- The term 'knowingly' means having
actual knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(h) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(i) DEPOSIT OF PENALTIES IN INSURANCE FUNDS. -- Notwithstanding any
other provision of law, all civil money penalties collected under this
section shall be deposited in the appropriate insurance fund or funds
established under this Act, as determined by the Secretary.".
(b) APPLICABILITY. -- The amendment made by subsection (a) "12 USC
1735f-14 note" shall apply only with respect to --
(1) violations referred to in the amendment that occur on or
after the effective date of this section; and
(2) in the case of a continuing violation (as determined by the
Secretary of Housing and Urban Development), any portion of a
violation referred to in the amendment that occurs on or after
such date.
SEC. 108. CIVIL MONEY PENALTIES AGAINST MULTIFAMILY MORTGAGORS.
(a) IN GENERAL. -- Title V of the National Housing Act (as amended
by the preceding provisions of this Act) is further amended by adding at
the end the following new section:
"SEC. 537. (a) IN GENERAL. -- The penalties set forth in this
section "12 USC 1735f-15" shall be in addition to any other available
civil remedy or any available criminal penalty, and may be imposed
whether or not the Secretary imposes other administrative sanctions.
The Secretary may not impose penalties under this section for violations
a material cause of which are the failure of the Department, an agent of
the Department, or a public housing agency to comply with existing
agreements.
"(b) PENALTY FOR VIOLATION OF AGREEMENT AS CONDITION OF TRANSFER OF
PHYSICAL ASSETS, FLEXIBLE SUBSIDY LOAN, CAPITAL IMPROVEMENT LOAN,
MODIFICATION OF MORTGAGE TERMS, OR WORKOUT AGREEMENT. --
"(1) AUTHORITY. -- Whenever a mortgagor of property that
includes 5 or more living units and that has a mortgage insured,
co-insured, or held pursuant to this Act, who has agreed in
writing, as a condition of a transfer of physical assets, a
flexible subsidy loan, a capital improvement loan, a modification
of the mortgage terms, or a workout agreement, to use nonproject
income to make cash contributions for payments due under the note
and mortgage, for payments to the reserve for replacements, to
restore the project to good physical condition, or to pay other
project liabilities, knowingly and materially fails to comply with
any of these commitments, the Secretary may impose a civil money
penalty on that mortgagor in accordance with the provisions of
this section.
"(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, for a violation of this subsection
may not exceed the amount of the loss the Secretary would
experience at a foreclosure sale, or a sale after foreclosure, of
the property involved.
"(c) VIOLATIONS OF REGULATORY AGREEMENT FOR WHICH PENALTY MAY BE
IMPOSED. --
"(1) VIOLATIONS. -- The Secretary may also impose a civil
money penalty under this section on any mortgagor of property that
includes 5 or more living units and that has a mortgage insured,
co-insured, or held pursuant to this Act for any knowing and
material violation of the regulatory agreement executed by the
mortgagor, as follows:
"(A) Conveyance, transfer, or encumbrance of any of the
mortgaged property, or permitting the conveyance, transfer, or
encumbrance of such property, without the prior written approval
of the Secretary.
"(B) Assignment, transfer, disposition, or encumbrance of any
personal property of the project, including rents, or paying out
any funds, except for reasonable operating expenses and necessary
repairs, without the prior written approval of the Secretary.
"(C) Conveyance, assignment, or transfer of any beneficial
interest in any trust holding title to the property, or the
interest of any general partner in a partnership owning the
property, or any right to manage or receive the rents and profits
from the mortgaged property, without the prior written approval of
the Secretary.
"(D) Remodeling, adding to, reconstructing, or demolishing any
part of the mortgaged property or subtracting from any real or
personal property of the project, without the prior written
approval of the Secretary.
"(E) Requiring, as a condition of the occupancy or leasing of
any unit in the project, any consideration or deposit other than
the prepayment of the first month's rent, plus a security deposit
in an amount not in excess of 1 month's rent, to guarantee the
performance of the covenants of the lease.
"(F) Not holding any funds collected as security deposits
separate and apart from all other funds of the project in a trust
account, the amount of which at all times equals or exceeds the
aggregate of all outstanding obligations under the account.
"(G) Payment for services, supplies, or materials which exceeds
$500 and substantially exceeds the amount ordinarily paid for such
services, supplies, or materials in the area where the services
are rendered or the supplies or materials furnished.
"(H) Failure to maintain at any time the mortgaged property,
equipment, buildings, plans, offices, apparatus, devices, books,
contracts, records, documents, and other related papers (including
failure to keep copies of all written contracts or other
instruments which affect the mortgaged property) in reasonable
condition for proper audit and for examination and inspection at
any reasonable time by the Secretary or any duly authorized agents
of the Secretary.
"(I) Failure to maintain the books and accounts of the
operations of the mortgaged property and of the project in
accordance with requirements prescribed by the Secretary.
"(J) Failure to furnish the Secretary, by the expiration of the
60-day period beginning on the 1st day after the completion of
each fiscal year, with a complete annual financial report based
upon an examination of the books and records of the mortgagor
prepared and certified to by an independent public accountant or a
certified public accountant and certified to by an officer of the
mortgagor, unless the Secretary has approved an extension of the
60-day period in writing. The Secretary shall approve an
extension where the mortgagor demonstrates that failure to comply
with this subparagraph is due to events beyond the control of the
mortgagor.
"(K) At the request of the Secretary, the agents of the
Secretary, the employees of the Secretary, or the attorneys of the
Secretary, failure to furnish monthly occupancy reports or failure
to provide specific answers to questions upon which information is
sought relative to income, assets, liabilities, contracts, the
operation and condition of the property, or the status of the
mortgage.
"(L) Failure to make promptly all payments due under the note
and mortgage, including mortgage insurance premiums, tax and
insurance escrow payments, and payments to the reserve for
replacements when there is adequate project income available to
make such payments.
The pay out of surplus cash, as defined by and provided for in
the regulatory agreement, shall not constitute a violation of such
agreement.
"(2) AMOUNT OF PENALTY. -- A penalty imposed for a violation
under this subsection, as determined by the Secretary, may not
exceed $25,000.
"(d) AGENCY PROCEDURES. --
"(1) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under subsections (b) and (c). These standards and procedures --
"(A) shall provide for the Secretary or other department
official (such as the Assistant Secretary for Housing) to make the
determination to impose a penalty;
"(B) shall provide for the imposition of a penalty only after
the mortgagor has been given an opportunity for a hearing on the
record; and
"(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
"(2) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does not
review the determination or order within 90 days of the issuance
of the determination or order, the determination or order shall be
final.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under subsection (b) or (c),
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including offenses
occurring before enactment of this section), ability to pay the
penalty, injury to the tenants, injury to the public, benefits
received, deterrence of future violations, and such other factors
as the Secretary may determine in regulations to be appropriate.
"(4) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
subsection (b) or (c) shall not be subject to review, except as
provided in subsection (e).
"(e) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (d)(1), a
mortgagor against whom the Secretary has imposed a civil money
penalty under subsection (b) or (c) may obtain a review of the
penalty and such ancillary issues as may be addressed in the
notice of determination to impose a penalty under subsection
(d)(1)(A) in the appropriate court of appeals of the United
States, by filing in such court, within 20 days after the entry of
such order or determination, a written petition praying that the
Secretary's order or determination be modified or be set aside in
whole or in part.
"(2) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to subsection (d)(1) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at such hearing
is material and that there were reasonable grounds for the failure
to present such evidence at the hearing, the court shall remand
the matter to the Secretary for consideration of such additional
evidence.
"(3) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(4) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(f) ACTION TO COLLECT PENALTY. -- If a mortgagor fails to comply
with the Secretary's determination or order imposing a civil money
penalty under subsection (b) or (c), after the determination or order is
no longer subject to review as provided by subsections (d)(1) and (e),
the Secretary may request the Attorney General of the United States to
bring an action in an appropriate United States district court to obtain
a monetary judgment against the mortgagor and such other relief as may
be available. The monetary judgment may, in the court's discretion,
include the attorneys fees and other expenses incurred by the United
States in connection with the action. In an action under this
subsection, the validity and appropriateness of the Secretary's
determination or order imposing the penalty shall not be subject to
review.
"(g) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
"(h) DEFINITION OF KNOWINGLY. -- The term 'knowingly' means having
actual knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(i) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(j) DEPOSIT OF PENALTIES IN INSURANCE FUNDS. -- Notwithstanding any
other provision of law, all civil money penalties collected under this
section shall be deposited in the fund established under section 201(j)
of the Housing and Community Development Amendments of 1978.".
(b) APPLICABILITY. -- The amendment made by subsection (a) "12 USC
1735f-15 note" shall apply only with respect to violations referred to
in the amendment that occur on or after the effective date of this
section.
SEC. 109. CIVIL MONEY PENALTIES AGAINST SECTION 202 MORTGAGORS.
(a) IN GENERAL. -- Title II of the Housing Act of 1959 is amended by
inserting after section 202 the following new section:
"SEC. 202a. (a) IN GENERAL. -- The penalties set forth in this
section "12 USC 1701q-1" shall be in addition to any other available
civil remedy or criminal penalty, and may be imposed whether or not the
Secretary imposes other administrative sanctions. The Secretary may not
impose penalties under this section for violations a material cause of
which are the failure of the Department, an agent of the Department, or
a public housing agency to comply with existing agreements.
"(b) PENALTY FOR VIOLATION OF AGREEMENT AS CONDITION OF TRANSFER OF
PHYSICAL ASSETS, FLEXIBLE SUBSIDY LOAN, CAPITAL IMPROVEMENTS LOAN,
MODIFICATION OF MORTGAGE TERMS, OR WORKOUT AGREEMENT. --
"(1) IN GENERAL. -- Whenever a mortgagor of property that
includes 5 or more living units and that has a mortgage held
pursuant to section 202, who has agreed in writing, as a condition
of a transfer of physical assets, a flexible subsidy loan, a
capital improvement loan, a modification of the mortgage terms, or
a workout agreement, to use nonproject income to make cash
contributions for payments due under the note and mortgage, for
payments to the reserve for replacements, to restore the project
to good physical condition, or to pay other project liabilities,
knowingly and materially fails to comply with any of these
commitments, the Secretary may impose a civil money penalty on the
mortgagor in accordance with the provisions of this section.
"(2) AMOUNT. -- The amount of the penalty, as determined by
the Secretary, for a violation of this subsection may not exceed
the amount of the loss the Secretary would incur at a foreclosure
sale, or sale after foreclosure, with respect to the property
involved.
"(c) VIOLATIONS OF REGULATORY AGREEMENT. --
"(1) IN GENERAL. -- The Secretary may also impose a civil
money penalty on a mortgagor or property that includes 5 or more
living units and that has a mortgage held pursuant to section 202
for any knowing and material violation of the regulatory agreement
executed by the mortgagor, as follows:
"(A) Conveyance, transfer, or encumbrance of any of the
mortgaged property, or permitting the conveyance, transfer, or
encumbrance of such property, without the prior written approval
of the Secretary.
"(B) Assignment, transfer, disposition, or encumbrance of any
personal property of the project, including rents, or paying out
any funds, except for reasonable operating expenses and necessary
repairs, without the prior written approval of the Secretary.
"(C) Conveyance, assignment, or transfer of any beneficial
interest in any trust holding title to the property, or the
interest of any general partner in a partnership owning the
property, or any right to manage or receive the rents and profits
from the mortgaged property, without the prior written approval of
the Secretary.
"(D) Remodeling, adding to, reconstructing, or demolishing any
part of the mortgaged property or substracting from any real or
personal property of the project, without the prior written
approval of the Secretary.
"(E) Requiring, as a condition of the occupancy or leasing of
any unit in the project, any consideration or deposit other than
the prepayment of the first month's rent, plus a security deposit
in an amount not in excess of 1 month's rent, to guarantee the
performance of the covenants of the lease.
"(F) Not holding any funds collected as security deposits
separate and apart from all other funds of the project in a trust
account, the amount of which at all times equals or exceeds the
aggregate of all outstanding obligations under the account.
"(G) Payment for services, supplies, or materials which exceeds
$500 and substantially exceeds the amount ordinarily paid for such
services, supplies, or materials in the area where the services
are rendered or the supplies or materials furnished.
"(H) Failure to maintain at any time the mortgaged property,
equipment, buildings, plans, offices, apparatus, devices, books,
contracts, records, documents, and other related papers (including
failure to keep copies of all written contracts or other
instruments which affect the mortgaged property) in reasonable
condition for proper audit and for examination and inspection at
any reasonable time by the Secretary or any duly authorized agents
of the Secretary.
"(I) Failure to maintain the books and accounts of the
operations of the mortgaged property and of the project in
accordance with requirements prescribed by the Secretary.
"(J) Failure to furnish the Secretary, by the expiration of the
60-day period beginning on the 1st day after the completion of
each fiscal year, with a complete annual financial report based
upon an examination of the books and records of the mortgagor
prepared in accordance with requirements prescribed by the
Secretary, and prepared and certified to by an independent public
accountant or a certified public accountant and certified to by an
officer of the mortgagor, unless the Secretary has approved an
extension of the 60-day period in writing. The Secretary shall
approve an extension where the mortgagor demonstrates that failure
to comply with this subparagraph is due to events beyond the
control of the mortgagor.
"(K) At the request of the Secretary, the agents of the
Secretary, the employees of the Secretary, or the attorneys of the
Secretary, failure to furnish monthly occupancy reports or failure
to provide specific answers to questions upon which information is
sought relative to income, assets, liabilities, contracts, the
operation and condition of the property, or the status of the
mortgage.
"(L) Failure to make promptly all payments due under the note
and mortgage, including tax and insurance escrow payments, and
payments to the reserve for replacements when there is adequate
project income available to make such payments.
"(M) Amending the articles of incorporation or bylaws, other
than as permitted under the terms of the articles of incorporation
as approved by the Secretary, without the prior written approval
of the Secretary.
"(2) AMOUNT OF PENALTY. -- A penalty imposed for a violation
under this section, as determined by the Secretary, may not exceed
$25,000 for a violation of any of the subparagraphs of paragraph
(1).
"(d) AGENCY PROCEDURES. --
"(1) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under subsections (b) and (c). These standards and procedures --
"(A) shall provide for the Secretary or other department
official (such as the Assistant Secretary for Housing) to make the
determination to impose a penalty;
"(B) shall provide for the imposition of a penalty only after
the mortgagor has been given an opportunity for a hearing on the
record; and
"(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
"(2) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does not
review the determination or order within 90 days of the issuance
of the determination or order, the determination or order shall be
final.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under subsection (b) or (c),
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including offenses
occurring before enactment of this section), ability to pay the
penalty, injury to the tenants, injury to the public, benefits
received, deterrence of future violations, and such other factors
as the Secretary may determine in regulations to be appropriate.
"(4) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
subsection (b) or (c) shall not be subject to review, except as
provided in subsection (e).
"(e) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (d)(1), a
mortgagor against whom the Secretary has imposed a civil money
penalty under subsection (b) or (c) may obtain a review of the
penalty and such ancillary issues as may be addressed in the
notice of determination to impose a penalty under subsection
(d)(1)(A) in the appropriate court of appeals of the United
States, by filing in such court, within 20 days after the entry of
such order or determination, a written petition praying that the
Secretary's order or determination be modified or be set aside in
whole or in part.
"(2) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to subsection (d)(1) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at such hearing
is material and that there were reasonable grounds for the failure
to present such evidence at the hearing, the court shall remand
the matter to the Secretary for consideration of such additional
evidence.
"(3) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(4) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(f) ACTION TO COLLECT PENALTY. -- If a mortgagor fails to comply
with the Secretary's determination or order imposing a civil money
penalty under subsection (b) or (c), after the determination or order is
no longer subject to review as provided by subsections (d)(1) and (e),
the Secretary may request the Attorney General of the United States to
bring an action in an appropriate United States district court to obtain
a monetary judgment against the mortgagor and such other relief as may
be available. The monetary judgment may, in the court's discretion,
include the attorneys fees and other expenses incurred by the United
States in connection with the action. In an action under this
subsection, "12 USC 1701q-1 note" the validity and appropriateness of
the Secretary's determination or order imposing the penalty shall not be
subject to review.
"(g) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
"(h) DEFINITION OF KNOWINGLY. -- The term 'knowingly' means having
actual knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(i) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(j) DEPOSIT OF PENALTIES IN INSURANCE FUNDS. -- Notwithstanding any
other provision of law, all civil money penalties collected under this
section shall be deposited in the fund established under section 201(j)
of the Housing and Community Development Amendments of 1978.".
(b) APPLICABILITY. -- The amendment made by subsection (a) shall
apply only with respect to violations referred to in the amendment that
occur on or after the effective date of this section.
(c) CONFORMING AMENDMENT. -- Section 201(j)(2) of the Housing and
Community Development Amendments of 1978 "12 USC 1715z-1a" is amended --
(1) by striking "and" before "(D)"; and
(2) by inserting before the period at the end the following:
", and (E) any amount received by the Secretary pursuant to
section 537 of the National Housing Act and section 202a of the
Housing Act of 1959".
SEC. 110. CIVIL MONEY PENALTIES AGAINST GNMA ISSUERS.
(a) IN GENERAL. -- Title III of the National Housing Act is amended
by adding at the end the following new section:
"SEC. 317. "12 USC 1723i" (a) IN GENERAL. --
"(1) AUTHORITY. -- Whenever an issuer or custodian approved
under section 306(g) knowingly and materially violates any
provisions of subsection (b), the Secretary of Housing and Urban
Development may impose a civil money penalty on the issuer or the
custodian in accordance with the provisions of this section. The
penalty shall be in addition to any other available civil remedy
or any available criminal penalty and may be imposed whether or
not the Secretary imposes other administrative sanctions.
"(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, may not exceed $5,000 for each
violation, except that the maximum penalty for all violations by a
particular issuer or custodian during any one-year period shall
not exceed $1,000,000. Each violation of a provision of
subsection (b)(1) shall constitute a separate violation with
respect to each pool of mortgages. In the case of a continuing
violation, as determined by the Secretary, each day shall
constitute a separate violation.
"(b) VIOLATIONS FOR WHICH A PENALTY MAY BE IMPOSED. --
"(1) VIOLATIONS. -- The violations by an issuer or a custodian
for which the Secretary may impose a civil money penalty under
subsection (a) are the following:
"(A) Failure to make timely payments of principal and interest
to holders of securities guaranteed under section 306(g).
"(B) Failure to segregate cash flow from pooled mortgages or to
deposit either principal and interest funds or escrow funds into
special accounts with a depository institution whose accounts are
insured by the National Credit Union Administration or by the
Federal Deposit Insurance Corporation through the Bank Insurance
Fund for banks or through the Savings Association Insurance Fund
for savings associations.
"(C) Use of escrow funds for any purpose other than that for
which they were received.
"(D) Transfer of servicing for a pool of mortgages to an issuer
not approved under this title, unless expressly permitted by
statute, regulation, or contract approved by the Secretary.
"(E) Failure to maintain a minimum net worth in accordance with
requirements prescribed by the Association;
"(F) Failure to promptly notify the Association in writing of
any changes that materially affect the business status of an
issuer.
"(G) Submission to the Association of false information in
connection with any securities guaranteed, or mortgages pooled,
under section 306(g).
"(H) Hiring, or retaining in employment, an officer, director,
principal, or employee whose duties involve, directly or
indirectly, programs administered by the Association while such
person was under suspension or debarment by the Secretary.
"(I) Submission to the Association of a false certification
either on its own behalf or on behalf of another person or entity.
"(J) Failure to comply with an agreement, certification, or
condition of approval set forth on, or applicable to, the
application for approval as an issuer of securities under section
306(g).
"(K) Violation of any provisions of this title or any
implementing regulation, handbook, or participant letter issued
under authority of this title.
"(2) NOTIFICATION TO ATTORNEY GENERAL. -- Before taking action
to impose a civil money penalty for a violation under paragraph
(1)(G) or paragraph (1)(I), the Secretary shall inform the
Attorney General of the United States.
"(c) AGENCY PROCEDURES. --
"(1) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under subsection (a). The standards and procedures --
"(A) shall provide for the Secretary to make the determination
to impose the penalty;
"(B) shall provide for the imposition of a penalty only after
an issuer or a custodian has been given notice of, and opportunity
for, a hearing on the record; and
"(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
"(2) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of a notice of opportunity for hearing, the
imposition of a penalty shall constitute a final and unappealable
determination. If the Secretary reviews the determination or
order, the Secretary may affirm, modify, or reverse that
determination or order. If the Secretary does not review the
determination or order within 90 days of the issuance of the
determination or order, the determination or order shall be final.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under subsection (a),
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including offenses
occurring before enactment of this section), ability to pay the
penalty, injury to the public, benefits received, deterrence of
future violations, and such other factors as the Secretary may
determine by regulations.
"(4) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
subsection (a) shall not be subject to review, except as provided
in subsection (d).
"(d) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (c)(1), an
issuer or a custodian against which the Secretary has imposed a
civil money penalty under subsection (a) may obtain a review of
the penalty and such ancillary issues as may be addressed in the
notice provided under subsection (c)(1)(A) in the appropriate
court of appeals of the United States, by filing in such court,
within 20 days after the entry of such order or determination, a
written petition praying that the Secretary's order or
determination be modified or be set aside in whole or in part.
"(2) OBJECTIONS NOT RAISED IN HEARING. -- A court shall not
consider any objection that was not raised in the hearing
conducted pursuant to subsection (c)(1) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence, which was not presented at
such hearing, is material and that there were reasonable grounds
for the failure to present such evidence at the hearing, the court
shall remand the matter to the Secretary for consideration of such
additional evidence.
"(3) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(4) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, the court shall have the power in any such
review to order payment of the penalty imposed by the Secretary.
"(e) ACTION TO COLLECT PENALTY. -- If any issuer or custodian fails
to comply with the Secretary's determination or order imposing a civil
money penalty under subsection (a), after the determination or order is
no longer subject to review as provided by subsections (c)(1) and (d),
the Secretary may request the Attorney General of the United States to
bring an action in an appropriate United States district court to obtain
a monetary judgment against the issuer or custodian and such other
relief as may be available. The monetary judgment may, in the
discretion of the court, include any attorneys fees and other expenses
incurred by the United States in connection with the action. In an
action under this subsection, the validity and appropriateness of the
Secretary's determination or order imposing the penalty shall not be
subject to review.
"(f) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
"(g) DEFINITION OF KNOWINGLY. -- The term 'knowingly' means having
actual knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(h) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(i) DEPOSIT OF PENALTIES. -- The Secretary shall deposit all civil
money penalties collected under this section into moneys of the
Association pursuant to section 307.".
(b) APPLICABILITY. -- The amendment made by subsection (a) "12 USC
1723i note" shall apply only with respect to --
(1) violations referred to in the amendment that occur on or
after the effective date of this section; and
(2) in the case of a continuing violation (as determined by the
Secretary of Housing and Urban Development), any portion of a
violation referred to in the amendment that occurs on or after
such date.
SEC. 111. CIVIL MONEY PENALTIES FOR VIOLATIONS OF INTERSTATE LAND
SALES FULL DISCLOSURE ACT.
(a) IN GENERAL. -- The Interstate Land Sales Full Disclosure Act is
amended by inserting after section 1418 the following new section:
"SEC. 1418a. "15 USC 1717a" (a) IN GENERAL. --
"(1) AUTHORITY. -- Whenever any person knowingly and
materially violates any of the provisions of this title or any
rule, regulation, or order issued under this title, the Secretary
may impose a civil money penalty on such person in accordance with
the provisions of this section. The penalty shall be in addition
to any other available civil remedy or any available criminal
penalty, and may be imposed whether or not the Secretary imposes
other administrative sanctions.
"(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, may not exceed $1,000 for each
violation, except that the maximum penalty for all violations by a
particular person during any 1-year period shall not exceed
$1,000,000. Each violation of this title, or any rule,
regulation, or order issued under this title, shall constitute a
separate violation with respect to each sale or lease or offer to
sell or lease. In the case of a continuing violation, as
determined by the Secretary, each day shall constitute a separate
violation.
"(b) AGENCY PROCEDURES. --
"(1) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under subsection (a). The standards and procedures --
"(A) shall provide for the imposition of a penalty only after a
person has been given an opportunity for a hearing on the record;
and
"(B) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
"(2) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does not
review the determination or order within 90 days of the issuance
of the determination or order, the determination or order shall be
final.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under subsection (a),
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including offenses
occurring before enactment of this section), ability to pay the
penalty, injury to the public, benefits received, deterrence of
future violations, and such other factors as the Secretary may
determine in regulations to be appropriate.
"(4) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
subsection (a) shall not be subject to review, except as provided
in subsection (c).
"(c) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(1) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under subsection (b)(1), a
person aggrieved by a final order of the Secretary assessing a
penalty under this section may seek judicial review pursuant to
section 1411.
"(2) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(d) ACTION TO COLLECT PENALTY. -- If any person fails to comply
with the determination or order of the Secretary imposing a civil money
penalty under subsection (a), after the determination or order is no
longer subject to review as provided by subsections (b) and (c), the
Secretary may request the Attorney General of the United States to bring
an action in any appropriate United States district court to obtain a
monetary judgment against the person and such other relief as may be
available. The monetary judgment may, in the discretion of the court,
include any attorneys fees and other expenses incurred by the United
States in connection with the action. In an action under this
subsection, the validity and appropriateness of the Secretary's
determination or order imposing the penalty shall not be subject to
review.
"(e) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been
imposed under this section.
"(f) DEFINITION OF KNOWINGLY. -- The term 'knowingly' means having
actual knowledge of or acting with deliberate ignorance of or reckless
disregard for the prohibitions under this section.
"(g) REGULATIONS. -- The Secretary shall issue such regulations as
the Secretary deems appropriate to implement this section.
"(h) USE OF PENALTIES FOR ADMINISTRATION. -- Civil money penalties
collected under this section shall be paid to the Secretary and, upon
approval in an appropriation Act, may be used by the Secretary to cover
all or part of the cost of rendering services under this title.".
(b) APPLICABILITY. -- The amendment made by subsection (a) "15 USC
1717a note" shall apply only with respect to --
(1) violations referred to in the amendment that occur on or
after the effective date of this section; and
(2) in the case of a continuing violation (as determined by the
Secretary of Housing and Urban Development), any portion of
violation referred to in the amendment that occurs on or after
such date.
SEC. 112. REGISTRATION OF CONSULTANTS.
The Department of Housing and Urban Development Act, as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following new section:
"SEC. 13. "42 USC 3537b" (a) RECORD OF EXPENDITURES. --
"(1) REQUIREMENT TO MAINTAIN. -- Each person who makes an
expenditure to influence the decision of any officer or employee
of the Department, through communication with such officer or
employee, with respect to --
"(A) the award of any financial assistance within the
jurisdiction of the Department, or
"(B) any management action involving a change in the terms and
conditions or status of financial assistance awarded to any
person,
shall keep records, as required by this section. The preceding
sentence shall not apply to expenditures incurred in complying
with conditions, requirements, or procedures imposed by the
Secretary in connection with any financial assistance.
"(2) COVERED INFORMATION. -- Each person referred to in
paragraph (1) shall keep a detailed and exact account of --
"(A) all such expenditures made by or on behalf of such person;
and
"(B) the name and address of every person to whom any such
expenditure is made and the date of the expenditure.
"(3) MAINTENANCE OF RECORDS. -- Each person making such an
expenditure shall obtain a bill, stating the particulars, for
every such expenditure, and shall retain all records required by
this section for not less than the 2-year period beginning on the
date of the filing of the report required by subsection (b), which
shall include the information under paragraph (2).
"(4) LIMITATION OF FEES. -- Any person engaged for pay or
other consideration for the purpose of attempting to influence any
award or allocation of financial assistance within the
jurisdiction of the Department shall not seek or receive any fee
that is --
"(A) based on the amount of assistance or number of units that
may be provided by the Secretary, or
"(B) contingent on an award of assistance by the Secretary,
except where --
"(i) services are provided to a nonprofit entity applying for
such award or allocation of assistance; and
"(ii) professional services related to a project are donated in
whole or in part to a nonprofit entity in the event assistance for
a project is not awarded.
"(b) REPORTS OF EXPENDITURES FILED WITH THE SECRETARY. --
"(1) REPORT. -- Each person making an expenditure for the
purposes designated in subsection (a)(1) shall file with the
Secretary, between the 1st and 10th day of each calendar year, a
report specifying the total expenditures made by or on behalf of
such person during the year and the information required by
subsection (a)(2)(B).
"(2) REGULAR EMPLOYEES. -- The requirements of this subsection
shall not apply in the case of a payment of reasonable
compensation made to any regularly employed officer or employee of
the person who requests or receives assistance within the
jurisdiction of the Department, or who is involved in any
management action with respect to such assistance.
"(3) MINIMUM DOLLAR REQUIREMENTS. -- The requirements of this
subsection shall not apply to any person whose tital expenditures
for purposes described in subparagraphs (A) and (B) of subsection
(a)(1) are less than $10,000 in any calendar year.
"(4) FILING AND RETENTION. -- A report required by this
subsection --
"(A) shall be considered properly filed when deposited in a
post office within the prescribed time, stamped, registered, and
addressed to the Secretary, but if the Secretary does not receive
the report, the person shall promptly file a duplicate report when
the Secretary notifies the person that the original report has not
been received; and
"(B) shall be retained by the Secretary for the 2-year period
beginning on the date of filing, shall constitute part of the
public records of the Department, and shall be open to public
inspection.
"(5) PUBLICATION OF INFORMATION. -- The Secretary shall
compile all expenditure information as soon as practicable after
the close of the calendar year with respect to which the
information is filed and shall publish it as a notice in the
Federal Register.
"(c) REGISTRATION BY PERSONS ATTEMPTING TO INFLUENCE DEPARTMENT
DECISIONS. --
"(1) REQUIREMENT AND INFORMATION. -- Each person receiving
payment or any consideration for the purpose described in
subsection (a)(1), shall, not later than 14 days after being
retained for such purpose, register with the Secretary. The
registration shall be in writing and shall include the name and
business address of the registrant, the name and address of the
registrant's employer and of any person or entity in whose
interest the registrant appears or works, and a statement of
whether the registrant has been employed by the Federal Government
during the 2-year period ending on the date of the registration
and in what capacity. Each registrant shall, between the 1st and
10th day of each calendar year, file with the Secretary a detailed
report of all money received and expended by the registrant during
the preceding year in carrying out the work, including information
as to whom money was paid, and for what purposes.
"(2) MINIMUM DOLLAR REQUIREMENT. -- The requirements of the
last sentence of paragraph (1) shall not apply with respect to any
calendar year to any person whose total compensation for
attempting to influence a decision with respect to assistance
within the jurisdiction of the Department or a management action
with respect to such assistance is less than $10,000 in such year.
"(3) PUBLICATION OF INFORMATION. -- The Secretary shall
compile all registration information as soon as practicable after
the close of the calendar year with respect to which the
information is filed and shall publish it annually as a notice in
the Federal Register.
"(d) CIVIL MONEY PENALTIES. --
"(1) AUTHORITY. -- Whenever any person knowingly fails to file
a report required under subsection (b), or any person knowingly
fails to register and file a report required under subsection (c),
the Secretary may impose a civil money penalty on that person in
accordance with the provisions of this subsection. The penalty
shall be in addition to any other available civil remedy or any
available criminal penalty, and may be imposed whether or not the
Secretary imposes other administrative sanctions.
"(2) AMOUNT OF PENALTY. -- The amount of the penalty, as
determined by the Secretary, shall not exceed the greater of --
"(A) $10,000 for each violation; or
"(B) the total amount received for any services performed for
any applicant to which the violation under paragraph (1) relates.
"(3) FACTORS IN DETERMINING AMOUNT OF PENALTY. -- In
determining the amount of a penalty under this subsection,
consideration shall be given to such factors as the gravity of the
offense, any history of prior offenses (including offenses
occurring before enactment of this section, ability to pay the
penalty, injury to the public, benefits received, deterrence of
future violations, and such other factors as the Secretary may
determine in regulations to be appropriate.
"(4) AGENCY PROCEDURES. --
"(A) ESTABLISHMENT. -- The Secretary shall establish standards
and procedures governing the imposition of civil money penalties
under paragraph (1). These standards and procedures shall --
"(i) provide for the Secretary or other department official to
make the determination to impose the penalty or for use of an
administrative entity to make the determination;
"(ii) provide for the imposition of a penalty only after the
person has been given an opportunity for a hearing on the record;
and
"(iii) provide for review of any determination or order, or
interlocutory ruling, arising from a hearing.
"(B) FINAL ORDERS. -- If no hearing is requested within 15
days of receipt of the notice of opportunity for hearing, the
imposition of the penalty shall constitute a final and
unappealable determination. If the Secretary reviews the
determination or order, the Secretary may affirm, modify, or
reverse that determination or order. If the Secretary does not
review the determination or order within 90 days of the issuance
of the determination or order, the determination or order shall be
final.
"(C) REVIEWABILITY OF IMPOSITION OF PENALTY. -- The
Secretary's determination or order imposing a penalty under
paragraph (1) shall not be subject to review, except as provided
in paragraph (5).
"(5) JUDICIAL REVIEW OF AGENCY DETERMINATION. --
"(A) IN GENERAL. -- After exhausting all administrative
remedies established by the Secretary under paragraph (4)(A), a
person against whom the Secretary has imposed a civil money
penalty under paragraph (1) may obtain a review of the penalty and
such ancillary issues as may be addressed in the notice of
determination to impose a penalty under paragraph (4)(A)(i) in the
appropriate court of appeals of the United States, by filing in
such court, within 20 days after the entry of such order or
determination, a written petition praying that the Secretary's
order or determination be modified or be set aside in whole or in
part.
"(B) OBJECTIONS NOT RAISED IN HEARING. -- The court shall not
consider any objection that was not raised in the hearing
conducted pursuant to paragraph (4)(A) unless a demonstration is
made of extraordinary circumstances causing the failure to raise
the objection. If any party demonstrates to the satisfaction of
the court that additional evidence not presented at the hearing is
material and that there are reasonable grounds for the failure to
present such evidence at the hearing, the court shall remand the
matter to the Secretary for consideration of such additional
evidence.
"(C) SCOPE OF REVIEW. -- The decisions, findings, and
determinations of the Secretary shall be reviewed pursuant to
section 706 of title 5, United States Code.
"(D) ORDER TO PAY PENALTY. -- Notwithstanding any other
provision of law, in any such review, the court shall have the
power to order payment of the penalty imposed by the Secretary.
"(6) ACTION TO COLLECT PENALTY. -- If any person fails to
comply with the Secretary's determination or order imposing a
civil money penalty under paragraph (1), after the determination
or order is no longer subject to review as provided by paragraphs
(4)(A) and (5), the Secretary may request the Attorney General of
the United States to bring an action in an appropriate United
States district court to obtain a monetary judgment against the
person and such other relief as may be available. The monetary
judgment may, in the discretion of the court, include any
attorneys' fees and other expenses incurred by the United States
in connection with the action. In an action under this paragraph,
the validity and appropriateness of the Secretary's determination
or order imposing the penalty shall not be subject to review.
"(7) SETTLEMENT BY SECRETARY. -- The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has
been, imposed under this subsection.
"(8) DEPOSIT OF PENALTIES. -- The Secretary shall deposit all
civil money penalties collected under this subsection into
miscellaneous receipts of the Treasury.
"(e) PROHIBITION ON CONSULTING ACTIVITIES. --
"(1) IN GENERAL. -- Whoever is fined under subsection (d) may
be prohibited, for the 3-year period beginning on the date of the
imposition of the fine, from receiving any payment or thing of
value for performing any services (with respect to any application
for financial assistance within the jurisdiction of the
Department) for any applicant.
"(2) CRIMINAL PENALTY. -- Whoever violates the prohibition
under paragraph (1) shall, upon conviction, be guilty of a felony
and shall be fined under title 18, United States Code, or
imprisoned not more than 5 years, or both.
"(f) DEFINITIONS. -- For purposes of this section:
"(1) The term 'person' means an individual (including a
consultant, lobbyist, or lawyer), corporation, company,
association, authority, firm, partnership, society, State, local
government, or any other organization or group of people.
"(2) The term 'expenditure' includes a payment, distribution,
loan, advance, deposit, gift of money, or anything else of value,
and includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure.
"(3) The term 'financial assistance within the jurisdiction of
the Department' includes any contract, grant, loan, cooperative
agreement, or other form of assistance, including the insurance or
guarantee of a loan, mortgage, or pool of mortgages.
"(4) The term 'knowingly' means having actual knowledge of or
acting with deliberate ignorance of or reckless disregard for the
prohibitions under this section.
"(5) The term 'reasonable compensation' means, with respect to
a regularly employed officer or employee of any person,
compensation that is consistent with the normal compensation for
such officer or employee for work that is not furnished to or not
furnished in cooperation with the Department.
"(6) The term 'regularly employed' means, with respect to an
officer or employee of a person requesting or receiving assistance
within the jurisdiction of the Department or who is involved in a
management action with respect to such assistance, an officer or
employee who is employed by such person for at least 130 working
days within one year immediately before the date of the submission
that initiates departmental consideration of such person for
receipt of such assistance, or the date of initiation of any
management action.
"(g) REGULATIONS. -- The Secretary shall issue any regulations
necessary to implement this section.
"(h) EFFECTIVE DATE. -- This section shall take effect on the date
specified in regulations implementing this section that are issued by
the Secretary after notice and public comment. The regulations shall
establish standards that include determinations of what types of
activities constitute influence with respect to the decisions of the
Department described in subsection (a)(1)(A) and (B).".
SEC. 121. ESTABLISHMENT OF HUD CHIEF FINANCIAL OFFICER.
Section 4 of the Department of Housing and Urban Development Act "42
USC 3533" is amended by adding at the end the following new subsection:
"(e) There shall be in the Department a Chief Financial Officer,
designated by the Secretary, who shall --
"(1) serve as the principal advisor to the Secretary on
financial management;
"(2) develop and maintain a financial management system for the
Department (including accounting and related transaction systems,
internal control systems, financial reporting systems, credit, and
cash and debt management);
"(3) supervise and coordinate all financial management
activities and operations of the Department;
"(4) assist in the financial execution of the Department's
budget in relation to actual expenditures and prepare timely
performance reports for senior managers; and
"(5) issue such policies and directives as may be necessary to
carry out this section.".
SEC. 122. ESTABLISHMENT OF FHA COMPTROLLER.
Section 4 of the Department of Housing and Urban Development Act, as
amended by section 121, is further amended by adding at the end the
following new subsection:
"(f) There shall be in the Department a Federal Housing
Administration Comptroller, designated by the Secretary, who shall be
responsible for overseeing the financial operations of the Federal
Housing Administration.".
SEC. 123. EXPEDITING RULEMAKING.
Section 7(o) of the Department of Housing and Urban Development Act
"42 USC 3535" is amended --
(1) in paragraph (2)(A) --
(A) by striking "first period of 15 calendar days of continuous
session of Congress which occurs" in the first sentence and
inserting "15-calendar day period beginning on the day"; and
(B) by striking "of continuous session" in the second sentence;
(2) in paragraph (2)(B), by striking "of continuous session of
Congress";
(3) in paragraph (3) --
(A) by striking "first period of 30 calendar days of continuous
session of Congress which occurs" in the first sentence and
inserting "expiration of the 30-calendar day period beginning on
the day"; and
(B) by striking all that follows the period at the end of the
first sentence and inserting the following: "Any regulation
implementing any provision of the Department of Housing and Urban
Development Reform Act of 1989 that authorizes the imposition of a
civil money penalty may not become effective until after the
expiration of a public comment period of not less than 60 days.";
and
(4) by striking paragraphs (5) and (6).
SEC. 124. FUNDING FOR PROGRAM EVALUATION AND MONITORING.
Section 7 of the Department of Housing and Urban Development Act, as
amended by section 106 of this Act, is further amended by adding at the
end the following new subsection:
"(r)(1) For the programs listed in paragraph (2), amounts
appropriated under this subsection shall be available to the Secretary
for evaluating and monitoring of all such programs (including all
aspects of the public housing and section 202 programs). The Secretary
shall expend amounts made available under this subsection in accordance
with the need and complexity of evaluating and monitoring each such
program.
"(2) The programs subject to this subsection shall be the programs
authorized under --
"(A) titles I and II of the United States Housing Act of 1937;
"(B) section 202 of the Housing Act of 1959;
"(C) section 106 of the Housing and Urban Development Act of
1968;
"(D) the Fair Housing Act;
"(E) title I and section 810 of the Housing and Community
Development Act of 1974;
"(F) section 201 of the Housing and Community Development
Amendments of 1978;
"(G) the Congregate Housing Services Act of 1978;
"(H) section 222 of the Housing and Urban-Rural Recovery Act of
1983;
"(I) section 561 of the Housing and Community Development Act
of 1987; and
"(J) title IV of the Stewart B. McKinney Homeless Assistance
Act.
"(3) In conducting evaluations and monitoring pursuant to the
authority under this subsection, the Secretary shall determine any need
for additional staff and funding relating to evaluating and monitoring
the programs under paragraph (2).
"(4)(A) The Secretary may provide for evaluation and monitoring under
this subsection directly or by grants, contracts, or interagency
agreements. Not more than 50 percent of the amounts made available
under paragraph (1) may be used for grants, contracts, or interagency
agreements.
"(B) Any amounts not used for grants, contracts, or interagency
agreements under subparagraph (A) shall be used in a manner that
increases and strengthens the ability of the Department to monitor and
evaluate the programs under paragraph (2) through officers and employees
of the Department.
"(5) Not later than December 31 of each year, the Secretary shall
submit to the Congress a report regarding the use of amounts made
available under this subsection during the fiscal year ending on
September 30 of that year, including an analysis of the ability of the
Department to monitor and evaluate the programs under paragraph (2) and
a statement of any needs determined under paragraph (3).
"(6) There is authorized to be appropriated to carry out this
subsection $25,000,000 for fiscal year 1991. Such amounts shall remain
available until expended.".
SEC. 125. REFINANCING OF SECTION 235 MORTGAGES.
(a) IN GENERAL. -- Section 235(r) "12 USC 1715z" of the National
Housing Act is amended to read as follows:
"(r)(1) The Secretary is authorized, upon application of a mortgagee,
to insure under this subsection a mortgage the proceeds of which are
used to refinance a mortgage insured under this section.
"(2) To be eligible for insurance under this subsection, a mortgage
must be executed by a mortgagor meeting the requirements of paragraph
(3) and shall --
"(A) be a first lien on real estate held in fee simple, or on a
leasehold under a lease --
"(i) for not less than 99 years which is renewable; or
"(ii) having a period of not less than 10 years to run beyond
the maturity date of the mortgage;
"(B) have been made to, and held by, a mortgagee approved by
the Secretary;
"(C) be in an amount not exceeding the outstanding principal
balance, including any unpaid interest, due on the mortgage being
refinanced;
"(D) have a maturity not exceeding the unexpired term of the
mortgage being refinanced;
"(E) bear an interest rate not exceeding such percent per annum
on the amount of the principal obligation outstanding at any time
as the Secretary finds necessary to meet the mortgage market,
taking into consideration the yields on mortgages in the primary
and secondary markets; to the extent that the amounts described
in paragraphs (4)(A) and (B) are not otherwise paid by the
Secretary, the foregoing interest rate may be increased, in the
discretion of the Secretary, to compensate the mortgagee for its
payment to, or on behalf of, the mortgagor of such amounts; and
"(F) meet the criteria for refinancing as determined by the
Secretary.
"(3) Notwithstanding the provisions of subsection (h)(2), assistance
payments in connection with mortgages insured under paragraph (2) shall
be made only with respect to a family who is eligible for, and receiving
assistance payments with respect to, the insured mortgage being
refinanced.
"(4) The Secretary is authorized and, to the extent provided in
appropriation Acts, may pay to the mortgagor (directly, through the
mortgagee, or otherwise) --
"(A) an amount, as approved by the Secretary, as an incentive
to the mortgagor to refinance a mortgage insured under this
section; and
"(B) an amount as approved by the Secretary for costs incurred
in connection with the refinancing, including but not limited to
discounts, loan origination fees, and closing costs.
"(5) Amounts of budget authority required for assistance payments
contracts with respect to mortgages insured under this subsection shall
be derived from amounts recaptured from assistance payments contracts
relating to mortgages that are being refinanced. For purposes of
subsection (c)(3)(A), the amount of recaptured budget authority that the
Secretary commits for assistance payments contracts relating to
mortgages insured under this subsection shall not be construed as
'unused'.
"(6) The Secretary is authorized to take any actions to identify and
communicate with any mortgagor of a mortgage insured under this section
to implement the refinancing of such mortgages with insurance under this
subsection. The Secretary may take such actions directly, or under
contract. Notwithstanding the restriction of section 552a(b) of title 5
of the United States Code, upon the request of an approved mortgagee,
the Secretary may disclose to such mortgagee the name and address of any
mortgagor of a mortgage insured under this section that meets the
criteria for refinancing, pursuant to paragraph (2)(F), and the unpaid
principal balance and interest rate on such mortgage.
"(7) The Secretary shall implement the provisions of this subsection
by a notice published in the Federal Register.".
(b) EXCESS RECAPTURED AMOUNTS. -- Section 235(c)(3)(C) of the
National Housing Act "12 USC 1715z" is amended by inserting after the
period at the end the following new sentence: "Notwithstanding the
preceding sentence, any amounts of budget authority or contract
authority recaptured from assistance payments contracts relating to
mortgages that are being refinanced that are not required for assistance
payments contracts relating to mortgages insured under this subsection,
shall be rescinded.".
(c) CONFORMING AMENDMENTS. -- Section 235 of the National Housing
Act is amended --
(1) in subsection (c)(1), by inserting ", other than a contract
in connection with a refinancing under subsection (r)," in the
second sentence after "any new contract";
(2) in subsection (c)(3)(A), by inserting "(except to the
extent provided in subsection (r) for mortgages insured under such
subsection)" in the second sentence after "refinanced,";
(3) in subsection (e), by striking "or (j)(7)," and inserting
"(j)(7), or (r),";
(4) in subsection (h)(1) --
(A) by inserting "(other than obligations in connection with
mortgages insured under subsection (r))" in the third sentence
after "October 1, 1983";
(B) by inserting "(except under subsection (r))" in the sixth
sentence after "under this section" the first place it appears;
and
(C) by inserting "(other than a contract in connection with a
mortgage insured under subsection (r))" in the seventh sentence
after "under this section";
(5) in subsection (h)(3), by inserting after the period at the
end the following: "The preceding sentence shall not apply to
contracts in connection with mortgages insured under subsection
(r).";
(6) in subsection (m), by inserting "(except a mortgage insured
under subsection (r))" after "No mortgage"; and
(7) in subsection (n), by inserting "or to a mortgage insured
under subsection (r)" before the period at the end.
(d) SAVINGS PROVISION. -- Notwithstanding the termination of the
program under section 235 pursuant to section 401(d) of the Housing and
Community Development Act of 1987, "12 USC 1715z note" the Secretary of
Housing and Urban Development shall have authority to insure mortgages
under section 235(r), to make assistance payments with respect to such
insured mortgages, and to make any other payment or take any other
action related to the refinancing of mortgages insured under section
235.
SEC. 126. SANCTIONS FOR IMPROPER CONVEYANCES UNDER URBAN HOMESTEAD
PROGRAMS.
(a) IN GENERAL. -- Section 810 of the Housing and Community
Development Act of 1974 "12 USC 1706e" is amended by adding at the end
the following new subsection:
"(m) If the Secretary determines that any property transferred for
use under an urban homestead program under this section has been
conveyed or used under the program in a manner contrary to the
provisions of this section, the Secretary may take action as the
Secretary considers appropriate, including taking any of the following
actions:
"(1) The Secretary may impose a civil penalty on the unit of
general local government or the State or the qualified community
organization or public agency designated by a unit of general
local government, or the transferee of such entity, as
appropriate, in an amount not less than any profit realized with
respect to the conveyance or use of the property contrary to the
provisions of this section.
"(2) The Secretary may revoke the conveyance of the property
pursuant to subsection (b)(4) and revoke the transfer of the
property to the unit of general local government or State or the
qualified community organization or public agency designated by a
unit of general local government, except that the Secretary may
not revoke the conveyance of any property under this paragraph if
the Secretary determines that the conveyance was made to an
individual or family who has substantially complied with the
requirements of this section for participation in an urban
homestead program and who has no knowledge of the conveyance or
use of the property contrary to the provisions of this section.
If any tenants of any property for which a conveyance is revoked
under this paragraph would be displaced by such revocation and the
Secretary determines that the tenants are not responsible for or
involved in the actions for which the revocation has been imposed,
the Secretary shall, if practicable, take actions that would allow
the tenants to remain on the property and maintain the property
under an urban homestead program.".
(b) CONFORMING AMENDMENT. -- Section 810(b)(4) of the Housing and
Community Development Act of 1974 is amended by inserting before the
semicolon at the end the following: "or by the Secretary under
subsection (m)(2)".
(c) APPLICABILITY. -- The amendments made by this section shall
apply to any property transferred for use in an urban homestead program
under section 810 of the Housing and Community Development Act of 1974
"12 USC 1706e note" after January 1, 1981.
SEC. 127. REFORM OF MODERATE REHABILITATION PROGRAM.
Section 8(e)(2) of the United States Housing Act of 1937 "42 USC
1437f" is amended --
(1) by striking the period at the end of the first sentence and
inserting the following: ", and which shall involve a minimum
expenditure of $3,000 for a unit, including its prorated share of
work to be accomplished on common areas or systems.";
(2) by inserting after the period at the end the following new
sentence: "In order to maximize the availability of low-income
housing, in providing assistance under this paragraph, the
Secretary shall include in any calculation or determination
regarding the amount of the assistance to be made available the
extent to which any proceeds are available from any tax credits
provided under section 42 of the Internal Revenue Code of 1986 (or
from any syndication of such credits) with respect to the
housing."; and
(3) by inserting after the period at the end (as inserted by
paragraph (2)) the following: "For each fiscal year, the
Secretary may not provide assistance pursuant to this paragraph to
any project for rehabilitation of more than 100 units. Assistance
pursuant to this paragraph shall be allocated according to the
formula established pursuant to section 213(d) of the Housing and
Community Development Act of 1974, and awarded pursuant to a
competition under such section. The Secretary shall maintain a
single listing of any assistance provided pursuant to this
paragraph, which shall include a statement identifying the owner
and location of the project to which assistance was made, the
amount of the assistance, and the number of units assisted.".
SEC. 131. ANNUAL AUDITED FINANCIAL STATEMENTS.
Title V of the National Housing Act (as amended by the preceding
provisions of this Act) is further amended by adding at the end the
following new section:
"SEC. 538. With respect to fiscal year 1989 and for every fiscal
year thereafter, the Secretary shall make available to the public a
financial statement of the insurance funds established under this Act
"12 USC 1735f-16" that will present their financial condition on a cash
and accrual basis, consistent with generally accepted accounting
principles. Each financial statement shall be audited by an independent
accounting firm selected by the Secretary and the results of such audit
shall be made available to the public.".
SEC. 132. CREDIT REVIEWS OF PERSONS ACQUIRING MORTGAGED PROPERTIES
UNDER SINGLE FAMILY PROGRAM FOR LIFE OF MORTGAGE.
(a) IN GENERAL. -- Section 203(r) of the National Housing Act "12
USC 1709" is amended --
(1) by amending the first sentence to read as follows: "The
Secretary shall take appropriate actions to reduce losses under
the single-family mortgage insurance programs carried out under
this title."; and
(2) by amending paragraphs (2) and (3) to read as follows:
"(2) requiring that at least one person acquiring ownership of
a one- to four-family residential property encumbered by a
mortgage insured under this title be determined to be creditworthy
under standards prescribed by the Secretary, whether or not such
person assumes personal liability under the mortgage (except that
acquisitions by devise or descent shall not be subject to this
requirement); and
"(3) in any case where personal liability under a mortgage is
assumed, requiring that the original mortgagor be advised of the
procedures by which he or she may be released from liability.".
(b) APPLICABILITY. -- The amendments made by subsection (a) "12 USC
1709 note" shall apply only with respect to --
(1) mortgages insured --
(A) pursuant to a conditional commitment issued on or after the
date of the enactment of this Act; or
(B) in accordance with the direct endorsement program (24
C.F.R. 200.163), if the approved underwriter of the mortgage signs
the appraisal report for the property on or after the date of the
enactment of this Act; and
(2) the approval of substitute mortgagors, if the original
mortgagor was subject to such amendments.
(c) TRANSITION PROVISIONS. -- Any mortgage insurance provided under
title II of the National Housing Act "12 USC 1709 note" as it existed
immediately before the date of the enactment of this Act, shall continue
to be governed (to the extent applicable) by the provisions of section
203(r) of the National Housing Act, as such section existed immediately
before such date.
SEC. 133. REPEAL OF TITLE X LAND DEVELOPMENT PROGRAM.
(a) REPEAL. -- Title X of the National Housing Act "12 USC
1749aa-1749ll" is hereby repealed.
(b) APPLICABILITY. -- On or after the date of enactment of this Act,
"12 USC 1749aa note" no mortgage may be insured under title X, as such
title existed immediately before such date, except pursuant to a
commitment to insure made before such date.
(c) SAVINGS PROVISION. -- Any contract of insurance entered into
under title X before the date of enactment of this Act "12 USC 1749aa
note" shall be governed by the provisions of such title as such title
existed immediately before such date.
(d) CONFORMING AMENDMENTS. -- The National Housing Act is amended --
(1) in section 1, "12 USC 1702" by striking "X," each place it
appears;
(2) in section 212(a), "12 USC 1715c" by striking the seventh
sentence;
(3) in section 512, "12 USC 1731a" by striking "X," in the
first sentence;
(4) in section 522, "12 USC 1735f" by inserting ", as such
title existed immediately before the date of the enactment of the
Department of Housing and Urban Development Reform Act of 1989,"
after "title X of this Act"; and
(5) in section 530, "12 USC 1735f-8" by striking "X,".
SEC. 134. CIVIL MONEY PENALTIES FOR IMPROPER DEALER AND LOAN BROKER
PARTICIPATION IN ORIGINATION OF PROPERTY IMPROVEMENT LOANS.
(a) IN GENERAL. -- Section 2(b) of the National Housing Act "12 USC
1703" is amended by adding at the end the following new paragraph:
"(7) With respect to the financing of alterations, repairs, and
improvements to existing structures or the building of new structures as
authorized under clause (i) of the first sentence of section 2(a), any
loan broker (as defined by the Secretary) or any other party having a
financial interest in the making of such a loan or advance of credit or
in providing assistance to the borrower in preparing the loan
application or otherwise assisting the borrower in obtaining the loan or
advance of credit who knowingly (as defined in section 536(g) of this
Act) submits to any such financial institution or to the Secretary false
information shall be subject to a civil money penalty in the amount and
manner provided under section 536 with respect to mortgagees and lenders
under this Act.".
(b) APPLICABILITY. -- The amendment made by subsection (a) "12 USC
1703 note" shall apply only with respect to --
(1) violations referred to in the amendment that occur on or
after the date of the enactment of this Act; and
(2) in the case of a continuing violation (as determined by the
Secretary of Housing and Urban Development), any portion of a
violation referred to in the amendment that occurs on or after
such date.
SEC. 135. NOTIFICATION REGARDING SUSPENDED MORTGAGEES.
Section 203 of the National Housing Act "12 USC 1709" is amended by
adding at the end the following new subsection:
"(s) Whenever the Secretary has taken any discretionary action to
suspend or revoke the approval of any mortgagee to participate in any
mortgage insurance program under this title, the Secretary shall provide
prompt notice of the action and a statement of the reasons for the
action to --
"(1) the Secretary of Veterans Affairs;
"(2) the chief executive officer of the Federal National
Mortgage Association;
"(3) the chief executive officer of the Federal Home Loan
Mortgage Corporation;
"(4) the Administrator of the Farmers Home Administration;
"(5) if the mortgagee is a national bank or District bank, or a
subsidiary or affiliate of such a bank, the Comptroller of the
Currency;
"(6) if the mortgagee is a State bank that is a member of the
Federal Reserve System or a subsidiary or affiliate of such a
bank, or a bank holding company or a subsidiary or affiliate of
such a company, the Board of Governors of the Federal Reserve
System;
"(7) if the mortgagee is a State bank that is not a member of
the Federal Reserve System or is a subsidiary or affiliate of such
a bank, the Board of Directors of the Federal Deposit Insurance
Corporation; and
"(8) if the mortgagee is a Federal or State savings association
or a subsidiary or affiliate of a savings association, the
Director of the Office of Thrift Supervision.".
SEC. 136. FHA FORECLOSED PROPERTIES.
(a) MAINTENANCE. -- Section 204(a) of the National Housing Act "12
USC 1710" is amended by inserting after the period at the end of the
third sentence the following new sentence: "As a condition of the
receipt of such benefits, the mortgagee shall maintain or assure the
maintenance of the mortgaged property (in such manner as the Secretary
shall by regulation provide) during the period beginning on the taking
of the possession or other acquisition of the mortgaged property by the
mortgagee and ending on conveyance to the Secretary or other disposition
of the mortgaged property in accordance with this section, and funds
expended by the mortgagee in meeting such obligation shall be included,
to the extent provided in this subsection or in subsection (k), in
debentures or other insurance payment pursuant to this section.".
(b) DISPOSITION OF PROPERTIES ON CREDIT TERMS. -- Section 204(g) of
the National Housing Act "12 USC 1710" is amended by inserting after the
period at the end of the first sentence the following new sentence:
"The Secretary shall, by regulation, carry out a program of sales of
such properties and shall develop and implement appropriate credit terms
and standards to be used in carrying out the program.".
SEC. 137. REPORT REGARDING PROVIDING FORECLOSED PROPERTIES TO 1989
DISASTER VICTIMS.
(a) HUD. --
(1) STUDY. -- The Secretary of Housing and Urban Development
shall conduct a study regarding the feasibility of making
available, to low-income persons whose homes in areas declared by
the President as disaster areas as a result of hurricane Hugo or
the Loma Prieta earthquake during 1989 were destroyed by such
disasters, any available properties (including multifamily
properties) owned by the Secretary.
(2) REPORT. -- The Secretary of Housing and Urban Development
shall submit to the Congress, not later than the expiration of the
90-day period beginning on the date of the enactment of this Act,
a report regarding the results and conclusions of the study under
paragraph (1), together with any recommendations for legislation
regarding providing such property.
(b) FARMERS HOME ADMINISTRATION. -- The Secretary of Agriculture
shall conduct a study regarding the feasibility of making available, as
provided in subsection (a)(1), any available properties (including
multifamily properties) owned by the Secretary through the Farmers Home
Administration and shall submit a report regarding such study as
provided in subsection (a)(2).
(c) CONSULTATION. -- The Secretary of Housing and Urban Development
and the Secretary of Agriculture shall consult in conducting the studies
under subsections (a) and (b) and may submit a single report meeting the
requirements of subsections (a)(2) and (b).
SEC. 138. REPORT REGARDING ACTIONS TO IMPROVE DIRECT ENDORSEMENT
PROGRAM.
(a) IN GENERAL. -- With respect to the direct endorsement program in
connection with single-family mortgage insurance under title II of the
National Housing Act, the Secretary shall submit to the Congress a
report describing any actions the Secretary determines are necessary to
take, to --
(1) improve monitoring and supervision under the program;
(2) reduce defaults under the program; and
(3) decrease the potential for fraud under the program.
(b) TIME OF SUBMISSION. -- The Secretary shall submit the report
under subsection (a) to the Congress not later than the expiration of
the 6-month period beginning on the date of the enactment of this Act.
SEC. 139. CO-INSURANCE AMENDMENTS.
(a) IN GENERAL. -- Section 244 of the National Housing Act "12 USC
1715z-9" is amended by adding at the end thereof the following new
subsection:
"(i) The Secretary shall, by January 15 and July 15 of each year (1)
review the adequacy of capital and other requirements for mortgagees
under this section, (2) assess the compliance by mortgagees with such
requirements, and (3) make such adjustment to such requirements as the
Secretary, after providing opportunity for hearing, determines to be
appropriate to improve the long-term financial soundness of the Federal
Housing Administration funds. Such requirements shall include the
minimum capital or net worth of mortgagees; the ratio that mortgagees
shall maintain between the mortgagee's capital and the volume of
mortgages co-insured by such mortgagee; and such other requirements as
the Secretary determines to be appropriate to ensure the long-term
financial soundness of the Federal Housing Administration funds. The
Secretary shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives a report on the review and
assessment under the previous sentence, and an explanation of the
Secretary's reasons for making any adjustment in requirements authorized
under this section.".
(b) REPORT. -- The Secretary of Housing and Urban Development shall
submit to the Congress not later than April 1, 1990, a report on the
disposition of coinsured multifamily housing projects held by the
Government National Mortgage Association. The report shall include a
description of the guidelines governing the disposition of such
properties, particularly as such guidelines relate to the objectives of
--
(1) minimizing losses to the Federal Government;
(2) preserving the projects in decent, safe, and sanitary
condition; and
(3) protecting lower-income tenants residing in such projects.
The report shall also describe the status of such multifamily housing
projects, including the name, address, and size of each project, and the
date and conditions of any foreclosure sale.
SEC. 140. FHA MANAGEMENT.
Section 4 of the Department of Housing and Urban Development Act "42
USC 3533" is amended --
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by redesignating the second sentence in subsection (a) as
subsection (b) and adding at the end thereof the following: "The
Secretary shall ensure, to the extent practicable, that managers
of Federal Housing Administration programs, at each level of the
Department, shall be accountable for program operation, risk
management, management of cash and other Federal assets, and
program financing related to activities over which such managers
have responsibility.".
SEC. 141. CONTRACTING FOR FINANCIAL MANAGEMENT SUPPORT.
Section 7(e) of the Department of Housing and Urban Development Act
"42 USC 3535" is amended by adding at the end thereof the following:
"The Secretary is authorized to enter into contracts with private
companies for the provision of such managerial support to the Federal
Housing Administration as the Secretary determines to be appropriate,
including but not limited to the management of insurance risk and the
improvement of the delivery of mortgage insurance.".
SEC. 142. FHA OPERATIONS.
Section 202 of the National Housing Act "12 USC 1708" is amended by
--
(1) striking the heading "MUTUAL MORTGAGE INSURANCE FUND" and
inserting "FEDERAL HOUSING ADMINISTRATION OPPERATIONS";
(2) striking "SEC. 202." and inserting: "SEC. 202. (a) MUTUAL
MORTGAGE INSURANCE FUND. -- "; and
(3) adding at the end thereof the following new subsections:
"(b) ADVISORY BOARD. -- There is created a Federal Housing
Administration Advisory Board ("Board") that shall review operation of
the Federal Housing Administration, including the activities of the
Mortgagee Review Board, and shall provide advice to the Federal Housing
Commissioner with respect to the formulation of general policies of the
Federal Housing Administration and such other matters as the Federal
Housing Commissioner may deem appropriate. The Advisory Board shall, in
all other respects, be subject to the provisions of the Federal Advisory
Committee Act.
"(1) The Advisory Board shall be composed of 15 members to be
appointed from among individuals who have substantial expertise
and broad experience in housing and mortgage lending of whom --
"(A) 9 shall be appointed by the Secretary;
"(B) 3 shall be appointed by the Chairman and Ranking Minority
Member of the Subcommittee on Housing and Urban Affairs of the
Committee on Banking, Housing, and Urban Affairs of the Senate;
and
"(C) 3 shall be appointed by the Chairman and Ranking Minority
Member of the Subcommittee on Housing and Community Development of
the Committee on Banking, Finance and Urban Affairs of the House
of Representatives.
"(2) Membership on the Advisory Board shall include --
"(A) not less than 4 persons with distinguished private sector
careers in housing finance, lending, management, development or
insurance;
"(B) not less than 4 persons with outstanding reputations as
licensed actuaries, experts in actuarial science, or economics
related to housing;
"(C) not less than 4 persons with backgrounds of leadership in
representing the interests of housing consumers;
"(D) not less than 1 person with significant experience and a
distinguished reputation for work in the enforcement, advocacy, or
development of fair housing or civil rights legislation; and
"(E) not less than 1 person with a background of leadership
representing rural housing interests.
"(3) Members of the Advisory Board shall be selected to ensure,
to the greatest extent practicable, geographical representation or
every region of the country.
"(4) Not more than 8 members of the Advisory Board may be from
any one political party.
"(5) Membership of the Advisory Board shall not include any
person who, during the previous 24-month period, was required to
register with the Secretary under section 112(c) of the Department
of Housing and Urban Development Reform Act of 1989 or employed a
person for purposes that required such person to so register.
"(6) Of the members of the Advisory Board first appointed, 5
shall have terms of 1 year, and 5 shall have terms of 2 years.
Their successors and all other appointees shall have terms of 3
years.
"(7) The Advisory Board is empowered to confer with, request
information of, and make recommendations to the Federal Housing
Commissioner. The Commissioner shall promptly provide the
Advisory Board with such information as the Board determines to be
necessary to carry out its review of the activities and policies
of the Federal Housing Administration.
"(8) The Board shall, not later than December 31 of each year,
submit to the Secretary and the Congress a report of its
assessment of the activities of the Federal Housing
Administration, including the soundness of underwriting
procedures, the adequacy of information systems, the
appropriateness of staffing patterns, the effectiveness of the
Mortgagee Review Board, and other matters related to the Federal
Housing Administration's ability to serve the nation's homebuyers
and renters. Such report shall contain the Board's
recommendations for improvement and include any minority views.
"(9) The Board shall meet in Washington, D.C., not less than
twice annually, or more frequently if requested by the Federal
Housing Commissioner or a majority of the members. The Board
shall elect a chair, vice-chair and secretary and adopt methods of
procedure. The Board may establish committees and subcommittees
as needed.
"(10) Subject to the provisions of Section 7 of the Federal
Advisory Committee Act, all members of the Board may be
compensated and shall be entitled to reimbursement from the
Department for traveling expenses incurred in attendance at
meetings of the Board.
"(c) MORTGAGEE REVIEW BOARD. --
"(1) ESTABLISHMENT. -- There is established within the Federal
Housing Administration the Mortgagee Review Board ("Board"). The
Board is empowered to initiate the issuance of a letter of
reprimand, the probation, suspension or withdrawal of any
mortgagee found to be engaging in activities in violation of
Federal Housing Administration requirements or the
nondiscrimination requirements of the Equal Credit Opportunity
Act, the Fair Housing Act, or Executive Order 11063.
"(2) COMPOSITION. -- The Board shall consist of --
"(A) the Assistant Secretary of Housing/Federal Housing
Commissioner;
"(B) the General Counsel of the Department;
"(C) the President of the Government National Mortgage
Association;
"(D) the Assistant Secretary for Administration;
"(E) the Assistant Secretary for Fair Housing Enforcement (in
cases involving violations of nondiscrimination requirements);
and
"(F) the Chief Financial Officer of the Department;
or their designees.
"(3) ACTIONS AUTHORIZED. -- When any report, audit,
investigation, or other information before the Board discloses
that a basis for an administrative action against a mortgagee
exists, the Board shall take one of the following administrative
actions:
"(A) LETTER OF REPRIMAND. -- The Board may issue a letter of
reprimand only once to a mortgagee without taking action under
subparagraphs (B), (C), or (D) of this section. A letter of
reprimand shall explain the violation and describe actions the
mortgagee should take to correct the violation.
"(B) PROBATION. -- The Board may place a mortgagee on
probation for a specified period of time not to exceed 6 months
for the purpose of evaluating the mortgagee's compliance with
Federal Housing Administration requirements, the Equal Credit
Opportunity Act, the Fair Housing Act, Executive Order 11063, or
orders of the Board. During the probation period, the Board may
impose reasonable additional requirements on a mortgagee including
supervision of the mortgagee's activities by the Federal Housing
Administration, periodic reporting to the Federal Housing
Commissioner, or submission to Federal Housing Administration
audits of internal financial statements, audits by an independent
certified public accountant or other audits.
"(C) SUSPENSION. -- The Board may issue an order suspending a
mortgagee's approval for doing business with the Federal Housing
Administration if there exists adequate evidence of a violation or
violations and continuation of the mortgagee's approval, pending
or at the completion of any audit, investigation, or other review,
or such administrative or other legal proceedings as may ensue,
would not be in the public interest or in the best interests of
the Department. A suspension shall last for not less than 6
months. During the period of suspension, the Federal Housing
Administration shall not commit to insure any mortgage originated
by the suspended mortgagee.
"(D) WITHDRAWAL. -- The Board may issue an order withdrawing a
mortgagee if the Board has made a determination of a serious
violation or repeated violations by the mortgagee. The Board
shall determine the terms of such withdrawal, but the term shall
be not less than 1 year. Where the Board has determined that the
violation is egregious or willful, the withdrawal shall be
permanent.
"(E) SETTLEMENTS. -- The Board may at any time enter into a
settlement agreement with a mortgagee to resolve any outstanding
grounds for an action. Agreements may include provisions such as
--
"(i) cessation of any violation;
"(ii) correction or mitigation of the effects of any violation;
"(iii) repayment of any sums of money wrongfully or incorrectly
paid to the mortgagee by a mortgagor, by a seller or by the
Federal Housing Administration;
"(iv) actions to collect sums of money wrongfully or
incorrectly paid by the mortgagee to a third party;
"(v) indemnification of the Federal Housing Administration for
mortgage insurance claims on mortgages originated in violation of
Federal Housing Administration requirements;
"(vi) modification of the length of the penalty imposed; or
"(vii) implementation of other corrective measures acceptable
to the Secretary.
Material failure to comply with the provisions of a settlement
agreement shall be sufficient cause for suspension or withdrawal.
"(4) NOTICE AND HEARING. --
"(A) The Board shall issue a written notice to the mortgagee at
least 30 days prior to taking any action against the mortgagee
under subparagraph (B), (C), or (D) of paragraph (3). The notice
shall state the specific violations which have been alleged, and
shall direct the mortgagee to reply in writing to the Board within
30 days. If the mortgagee fails to reply during such period, the
Board may make a determination without considering any comments of
the mortgagee.
"(B) If the Board takes action against a mortgagee under
subparagraph (B), (C), or (D) of paragraph (3), the Board shall
promptly notify the mortgagee in writing of the nature, duration,
and specific reasons for the action. If, within 30 days of
receiving the notice, the mortgagee requests a hearing, the Board
shall hold a hearing on the record regarding the violations within
30 days of receiving the request. If a mortgagee fails to request
a hearing within such 30-day period, the right of the mortgagee to
a hearing shall be considered waived.
"(C) In any case in which the notification of the Board does
not result in a hearing (including any settlement by the Board and
a mortgagee), any information regarding the nature of the
violation and the resolution of the action shall be available to
the public.
"(5) PUBLICATION. -- The Secretary shall establish and publish
in the Federal Register a description of and the cause for
administrative action against a mortgagee.
"(6 CEASE-AND-DESIST ORDERS. --
"(A) Whenever the Secretary, upon request of the Mortgagee
Review Board, determines that there is reasonable cause to believe
that a mortgagee is violating, has violated, or is about to
violate a law, rule or regulation or any condition imposed in
writing by the Secretary of the Board, and that such violation
could result in significant cost to the Federal Government or the
public, the Secretary may issue a temporary order requiring the
mortgagee to cease and desist from any such violation and to take
affirmative action to prevent such violation or a continuation of
such violation pending completion of proceedings of the Board with
respect to such violation. Such order shall include a notice of
charges in respect thereof and shall become effective upon service
to the mortgagee. Such order shall remain effective and
enforceable for a period not to exceed 30 days pending the
completion of proceedings of the Board with respect to such
violation, unless such order is set aside, limited, or suspended
by a court in proceedings authorized by subparagraph (B) of this
paragraph. The Board shall provide the mortgagee an opportunity
for a hearing on the record, as soon as practicable but not later
than 20 days after the temporary cease-and-desist order has been
served.
"(B) Within 10 days after the mortgagee has been served with a
temporary cease-and-desist order, the mortgagee may apply to the
United States district court for the judicial district in which
the home office of the mortgagee is located, or the United States
District Court for the District of Columbia, for an injunction
setting aside, limiting of suspending the enforcement, operation,
or effectiveness of such order pending the completion of the
administrative proceedings pursuant to the notice of charges
served upon the mortgagee, and such court shall have jurisdiction
to issue such injunction.
"(C) In the case of violation or threatened violation of, or
failure to obey, a temporary cease-and-desist order issued
pursuant to this paragraph, the Secretary may apply to the United
States district court, or the United States court of any
territory, within the jurisdiction of which the home office of the
mortgagee is located, for an injunction to enforce such order,
and, if the court shall determine that there has been such
violation or threatened violation or failure to obey, it shall be
the duty of the court to issue such injunction.
"(D) For purposes of this paragraph, the term 'mortgagee' means
a mortgagee, a branch office or subsidiary of a mortgagee, or a
director, officer, employee, agent, or other person participating
in the conduct of the affairs of such mortgagee.
"(7) REPORT REQUIRED. -- The Board, in consultation with the
Federal Housing Administration Advisory Board, shall annually
recommend to the Secretary such amendments to statute or
regulation as the Board determines to be appropriate to ensure the
long term financial strength of the Federal Housing Administration
fund and the adequate support for home mortgage credit.
"(d) COORDINATION OF GNMA AND FHA WITHDRAWAL ACTION. --
"(1) Whenever the Federal Housing Administration or Government
National Mortgage Association initiates proceedings that could
lead to withdrawing the mortgagee from participation in the
program, the initiating agency shall --
"(A) within 24 hours notify the other agency in writing of the
action taken;
"(B) provide to the other agency the factual basis for the
action taken; and
"(C) if a mortgagee is withdrawn, publish its decision in the
Federal Register.
"(2) Within 60 days of receipt of a notification of action that
could lead to withdrawal under subsection (1), the Federal Housing
Administration or the Government National Mortgage Association
shall --
"(A) conduct and complete its own investigation;
"(B) provide written notification to the other agency of its
decision, including the factual basis for its decision; and
"(C) if a mortgagee is withdrawn, publish its decision in the
Federal Register.
"(e) APPRAISAL STANDARDS. -- (1) The Secretary shall prescribe
standards for the appraisal of all property to be insured by the Federal
Housing Administration. Such appraisals shall be performed in
accordance with uniform standards, by individuals who have demonstrated
competence and whose professional conduct is subject to effective
supervision. These standards shall require at a minimum --
"(A) that the appraisals of properties to be insured by the
Federal Housing Administration shall be performed in accordance
with generally accepted appraisal standards, such as the appraisal
standards promulgated by the Appraisal Foundation a not-for-profit
corporation established on November 30, 1987 under the laws of
Illinois; and
"(B) that each appraisal be a written statement used in
connection with a real estate transaction that is independently an
impartially prepared by a licensed or certified appraiser setting
forth an opinion of defined value of an adequately described
property as of a specific date, supported by presentation and
analysis of relevant market information.
"(2) The Appraisal Subcommittee of the Federal Financial Institutions
Examination Council shall include the Secretary or his designee.".
SEC. 143. ELIMINATION OF PRIVATE INVESTOR-OWNERS FROM SINGLE FAMILY
MORTGAGE INSURANCE PROGRAM.
(a) RETENTION OF PUBLIC AND NONPROFIT INVESTOR OWNERS. -- Section
203(g)(3) of the National Housing Act "12 USC 1709" is amended --
(1) in subparagraph (A), by striking the semicolon at the end
and inserting the following: ", or any other State or local
government or an agency thereof;"; and
(2) in subparagraph (B), by striking the semicolon at the end
and inserting the following: ", or other private nonprofit
organization that is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986 and intends to sell or lease
the mortgaged property to low or moderate-income persons, as
determined by the Secretary;".
(b) ELIMINATION OF PRIVATE INVESTOR-OWNERS. -- Section 203(g) of the
National Housing Act, as amended by subsection (a), is further amended
--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(c) APPLICABILITY. -- The amendments made by this section "12 USC
1709 note" shall apply only with respect to --
(1) mortgages insured --
(A) pursuant to a conditional commitment issued on or after the
date of the enactment of this Act; or
(B) in accordance with the direct endorsement program, if the
approved underwriter of the mortgagee signs the appraisal report
for the property on or after the date of the enactment of this
Act; and
(2) the approval of substitute mortgagors, if the original
mortgagor was subject to such amendments.
(d) TRANSITION PROVISIONS. -- Any mortgage insurance provided under
title II of the National Housing Act, "12 USC 1709 note" as it existed
immediately before the date of the enactment of this Act, shall continue
to be governed (to the extent applicable) by the provisions amended by
subsections (a) and (b) as such provisions existed immediately before
such date.
SEC. 201. LIMITATIONS ON PREPAYMENT.
Section 203(a) of the Emergency Low Income Housing Preservation Act
of 1987 "12 USC 1715l note" is amended by striking "upon the expiration
of the 2-year period beginning on the date of the enactment of this Act"
and inserting in lieu thereof "on September 30, 1990".
SEC. 202. CLARIFICATION OF APPLICABILITY TO VOLUNTARY TERMINATION OF
INSURANCE.
(a) GENERAL PREPAYMENT LIMITATION. -- Section 221(a) of the
Emergency Low Income Housing Preservation Act of 1987 "12 USC 1715l
note" is amended by adding at the end the following new sentence: "An
insurance contract with respect to eligible low-income housing may be
terminated pursuant to section 229 of the National Housing Act only in
accordance with a plan of action approved by the Secretary under this
subtitle.
(b) ALTERNATIVE PREPAYMENT LIMITATION. -- Section 221(b) of the
Emergency Low Income Housing Preservation Act of 1987 is amended --
(1) by striking the first comma and inserting "(1)"; and
(2) by inserting before the period at the end of the sentence
the following: ", and (2) an insurance contract with respect to
eligible low-income housing located in the geographic area subject
to the jurisdiction of such court may not be terminated pursuant
to section 229 of the National Housing Act during the 2-year
period following the date of such invalidation".
(c) NOTICE OF INTENT. -- Section 222 of the Emergency Low Income
Housing Preservation Act of 1987 "12 USC 1715l note" is amended by
inserting after "agreement" the following: "(including a request to
terminate the insurance contract pursuant to section 229 of the National
Housing Act)".
(d) CONFORMING AMENDMENTS. --
(1) Section 250(a) of the National Housing Act "12 USC
1715z-15" is amended by inserting after "project the second place
it appears the following: "or permit a termination of an
insurance contract pursuant to section 229 of this Act".
(2) Section 229 of the National Housing Act "12 USC 1715t" is
amended by inserting after "section 2" the following: "and except
as specified under section 250 of this Act and subtitle B of the
Emergency Low Income Housing Preservation Act of 1987,".
SEC. 203. INCENTIVES TO EXTEND LOW-INCOME USE.
(a) LOANS. --
(1) ACQUISITIONS BY PUBLIC ENTITIES. -- Section 236(b) of the
National Housing Act "12 USC 1715z-1" is amended by inserting
"public entity," before "or a cooperative housing corporation".
(2) CAPITAL IMPROVEMENT LOANS. -- (A) Section 201(m)(2)(B) of
the Housing and Community Development Amendments of 1978 "12 USC
1715z-1a" is amended by striking "Reduce" and inserting
"Notwithstanding subsection (l)(2)(B), reduce".
(B) Section 201(m)(2) of the Housing and Community Development
Amendments of 1978 is amended --
(i) by striking "not subject to paragraph (1)";
(ii) by inserting after "residents" the second place it appears
the following: ", or where appropriate to implement a plan of
action under subtitle B of the Emergency Low Income Housing
Preservation Act of 1987";
(iii) adding a new subparagraph after subparagraph (D):
"(E) Permit repayment of the debt service to be deferred as
long as the low and moderate income character of the project is
maintained in accordance with subsection (d).".
(b) APPROVAL OF PLAN OF ACTION. --
(1) TENANT PROFILE. -- Section 225(b)(3)(F)(i) of the
Emergency Low Income Housing Preservation Act "12 USC 1715l note"
of 1987 is amended by inserting before the semicolon the
following: "(based on the area median income limits established
by the Secretary in February, 1987), or the date the plan of
action is approved, whichever date results in the highest
proportion of very low-income families, except that this
limitation shall not prohibit a higher proportion of very
low-income families from occupying the housing".
(2) SECTION 8 RENTAL ASSISTANCE. -- Section 225 of the
Emergency Low Income Housing Preservation Act of 1987 is amended
by adding at the end the following new subsections:
"(c) SECTION 8 RENTAL ASSISTANCE. -- When providing rental
assistance under section 8, the Secretary may enter into a contract with
an owner, contingent upon the future availability of appropriations for
the purpose of renewing expiring contracts for rental assistance as
provided in appropriations Acts, to extend the term of such rental
assistance for such additional period or periods as is necessary to
carry out an approved plan of action. The contract and the approved
plan of action shall provide that, if the Secretary is unable to extend
the term of such rental assistance or is unable to develop a revised
package of incentives providing benefits to the owner comparable to
those received under the original approved plan of action, the
Secretary, upon the request of the owner, shall take the following
actions (subject to the limitations under the following paragraphs): --
"(1) Modification of the binding commitments made pursuant to
subsection (b) that are dependent on such rental assistance.
"(2) If action under paragraph (1) is not feasible, release of
an owner from the binding commitments made pursuant to subsection
(b) that are dependent on such rental assistance.
"(3) If action under paragraphs (1) and (2) would, in the
determination of the Secretary, result in the default of the
insured loan, approval of the revised plan of action,
notwithstanding subsection (a), that involves the termination of
low-income affordability restrictions.
At least 30 days prior to making a request under the preceding sentence,
an owner shall notify the Secretary of the owner's intention to submit
the request. The Secretary shall have a period of 90 days following
receipt of such notice to take action to extend the rental assistance
contract and to continue the binding commitments under subsection (b).
"(d) RELOCATION OF DISPLACED TENANTS. -- Any plan of action shall
specify actions that the Secretary and the owner shall take to ensure
that any tenants displaced as a result of a plan of action approved
under subsection (a) or as a result of modifications taken pursuant to
subsection (c), are relocated to affordable housing.".
(c) INSURANCE FOR SECOND MORTGAGE FINANCING. --
(1) UNDERWRITING. -- Section 241(f)(2) of the National Housing
Act "12 USC 1715z-6" is amended by adding at the end the following
sentence:
"When underwriting an equity loan under this subsection, the Secretary
may assume that the rental assistance provided in accordance with an
approved plan of action under section 225(b) of the Emergency Low Income
Housing Preservation Act of 1987 will be extended for the full term of
the contract entered into under section 225(c) of that Act. The
Secretary may accelerate repayment of a loan under this section in the
event rental assistance is not extended under section 225(c) of that Act
or the Secretary is unable to develop a revised package of incentives to
the owner comparable to those received under the original approved plan
of action.".
(2) ACQUISITIONS BY PUBLIC ENTITIES. -- Section 241(f)(3) of
the National Housing Act "12 USC 1715z-6" is amended by inserting
"public entity," after "A".
(d) LIMITATIONS ON FORECLOSURE. -- Section 241(f) of the National
Housing Act is amended by adding at the end the following new paragraph:
"(6) If the Secretary is unable to extend the term of rental
assistance for the full term of the contract entered into under
section 225(c) of the Emergency Low Income Housing Preservation
Act of 1987, the Secretary is authorized to take such actions as
the Secretary deems to be appropriate to avoid default, avoid
disruption of the sound ownership and management of the property
or otherwise minimize the cost to the Federal Government.".
SEC. 204. PRESERVATION.
(a) MANAGEMENT AND PRESERVATION OF HUD-OWNED AND HUD-HELD MULTIFAMILY
HOUSING PROJECTS. -- Section 203(k) of the Housing and Community
Development Amendments of 1978 "12 USC 1701z-11" is amended to read as
follows: "The Secretary shall annually submit to the Congress on June 1
of each year a report describing the status of multifamily housing
projects that are subject to subsection (a), which report shall include
--
"(1) the name, address, and size of each project;
"(2) the nature and date of assignment;
"(3) the status of the mortgage;
"(4) the physical condition of the project;
"(5) the proportion of units in a project that are vacant;
"(6) the date on which the Secretary became mortgagee in
possession or the date of imposition of any receivership;
"(7) the date and conditions of any foreclosure sale;
"(8) the date of acquisition by the Secretary; and
"(9) the date and conditions of any property disposition sale.
The report shall describe the activities carried out under subsection
(e) during the preceding year, and shall contain a description and
assessment of the rules, guidelines and practices governing the
Department's assumption of management responsibilities in multifamily
housing projects subject to subsection (a) that are owned by the
Secretary (or for which the Secretary is mortgagee in possession) as
well as the steps that the Secretary has taken or plans to take to
expedite the assumption of management responsibilities of the Department
and improve the management performance of the Department, including the
expedited repair and turnover of vacant units.".
(b) REHABILITATION LOANS. -- Section 241 of the National Housing Act
is amended by inserting the following after subsection (f):
"(g)(1) When underwriting a rehabilitation loan under this section in
connection with eligible multifamily housing, the Secretary may assume
that any rental assistance provided for purposes of servicing the
additional debt will be extended for the term of the rehabilitation
loan. The Secretary shall exercise prudent underwriting practices in
insuring rehabilitation loans under this section. For purposes of this
subsection, the term 'eligible multifamily housing' means any housing
financed by a loan or mortgage that is --
"(A) insured or held by the Secretary under section 221(d)(3)
of the National Housing Act and assisted under section 101 of the
Housing and Urban Development Act of 1965 or section 8 of the
United States Housing Act of 1937;
"(B) insured or held by the Secretary and bears interest at a
rate determined under the proviso of section 221(d)(5) of the
National Housing Act; or
"(C) insured, assisted or held by the Secretary under section
236 of the National Housing Act.
"(2) A mortgagee approved by the Secretary may not withhold consent
to a rehabilitation loan insured in connection with eligible multifamily
housing on which that mortgagee holds a mortgage.".
(c) "12 USC 1715z-1a note" CAPITAL ASSESSMENT STUDY. -- (1) The
Secretary of Housing and Urban Development shall conduct a study to
determine the physical renovation needs of the Nation's
federally-assisted multifamily housing inventory that is distressed and
to estimate the cost of correcting deficiencies and subsequently
maintaining that inventory in adequate physical condition. The
Secretary shall establish criteria to determine what housing qualifies
as distressed and such criteria shall include factors such as serious
deficiencies in the original design, deferred maintenance, physical
deterioration or obsolescence of major systems and other serious
deficiencies in the physical plant of a project. The study shall
examine and assess the adequacy of existing tools that are available to
the Secretary for modernization efforts including --
(A) mortgage insurance for rehabilitation loans under section
241 of the National Housing Act;
(B) operating assistance and capital improvement loans under
section 201 of the Housing and Community Development Amendments of
1978 (the "Flexible Subsidy Program"); and
(C) rental assistance under section 8.
The study shall also examine and assess the effectiveness of sanctions
that are now available to the Secretary. Not later than one year after
the date of enactment of this Act, the Secretary shall submit to the
Congress a detailed report setting forth the findings of the Secretary
as a result of the study. The Secretary shall submit to the Congress an
interim report containing the information required under paragraph (2)
not later than April 1, 1990.
(2) The examination and assessment of the Flexible Subsidy Program
required by paragraph (1) shall include --
(A) an accounting of all applications that have been approved
or rejected since 1980;
(B) an analysis of all applications that have not been acted
upon since 1980 including the length of time such applications
have been pending, the amount of assistance requested, and the
number of units affected;
(C) an estimate of the funding that will be made available to
the Flexible Subsidy Fund under section 201(j) of the Housing and
Community Development Amendments of 1978 in the next three fiscal
years; and
(D) an assessment of what additional resources will be needed
for the Fund in the next three fiscal years.
(3) The term "federally-assisted multifamily housing" means housing
financed by a loan or mortgage that is --
(A) insured or held by the Secretary under section 221(d)(3) of
the National Housing Act and assisted under section 101 of the
Housing and Urban Development Act of 1965 or section 8 of the
United States Housing Act of 1937;
(B) insured or held by the Secretary and bears interest at a
rate determined under the proviso of section 221(d)(5) of the
National Housing Act; or
(C) insured, assisted or held by the Secretary under section
236 of the National Housing Act.
SEC. 205. REPORT ON PROPERTY DISPOSITION DEMONSTRATION.
The Secretary of Housing and Urban Development shall submit to the
Congress, not later than 30 days after the date of enactment of this
Act, a report describing the steps that have been and will be taken to
implement section 184 of the Housing and Community Development Act of
1987 including a detailed description of --
(1) the efforts taken by the Secretary to solicit participants
in the demonstration;
(2) any applications, responses or other expressions of
interest submitted by State housing finance agencies;
(3) the reasons for the Secretary's refusal, as of the date of
enactment of this Act, to approve such applications; and
(4) the steps that the Secretary has taken and plans to take to
ensure that the demonstration is implemented in at lest one State
within 90 days after the date of enactment of this Act.
SEC. 206. PROHIBITION ON PREPAYMENT OF NEW RURAL HOUSING LOANS.
(a) IN GENERAL. -- Section 502(c)(1) of the Housing Act of 1949 "12
USC 1472" is amended --
(1) by inserting "(A)" after "(c)(1)";
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively; and
(3) by adding at the end the following new subparagraph:
"(B) The Secretary may not accept an offer to prepay, or request
refinancing in accordance with subsection (b)(3) of, any loan made or
insured under section 515 pursuant to a contract entered into on or
after the date of the enactment of the Department of Housing and Urban
Development Reform Act of 1989.".
(b) CONFORMING AMENDMENT. -- Section 502(c)(1) of the Housing Act of
1949 is amended --
(1) by striking "after the date of enactment of this
subsection," and inserting the following: "after December 21,
1979, but before the date of the enactment of the Department of
Housing and Urban Development Reform Act of 1989,"; and
(2) by striking "after the date of enactment of this subsection
and" and inserting the following: "after December 21, 1979, but
before the date of the enactment of the Department of Housing and
Urban Development Reform Act of 1989, and".
SEC. 207. EQUITY TAKEOUT INCENTIVE FOR NEW RURAL HOUSING LOANS.
Section 515 of the Housing Act of 1949 "42 USC 1485" is amended by
adding at the end the following new subsection:
"(t) EQUITY TAKEOUT LOANS. --
"(1) AUTHORITY. -- The Secretary is authorized to guarantee an
equity loan (in the form of a supplemental loan) to an owner of
housing financed with a loan made or insured under subsection (b),
only if the Secretary determines, after taking into account local
market conditions, that there is reasonable likelihood that the
housing will continue as decent, safe, and sanitary housing for
the remaining life of the original loan on the project made or
insured under subsection (b) and that such an equity loan is --
"(A) necessary to provide a fair return on the owner's
investment in the housing;
"(B) the least costly alternative for the Federal Government
that is consistent with carrying out the purposes of this
subsection; and
"(C) would not impose an undue hardship on tenants or an
unreasonable cost to the Federal Government.
The amount of loans guaranteed under this subsection shall be
subject to limits provided in appropriations Acts.
"(2) TIMING. -- The Secretary is authorized to guarantee an
equity loan under this subsection after the expiration of the
20-year period beginning on the date that an existing loan under
subsection (b) of this section was made or insured. Not more than
one equity loan under this subsection may be provided for any
project.
"(3) AMOUNT OF THE TAKEOUT. -- The amount of an equity loan
under this subsection shall not exceed the difference between the
outstanding principal on debt secured by the project and 90
percent of the appraised value of the project. The appraised
value of the project shall be determined by 2 independent
appraisers, 1 of whom shall be selected by the Secretary and 1 of
whom shall be selected by the owner. If the 2 appraisers fail to
agree on the value of the project, the Secretary and the owner
shall jointly select a third appraiser whose appraisal shall be
binding on the Secretary and the owner. The amount of the equity
loan shall not exceed 30 percent of the amount of the original
loan on the project made or insured under subsection (b).
"(4) RESERVE ACCOUNT PAYMENTS. -- For each loan made or
insured under subsection (b) pursuant to a contract entered into
after the date this subsection takes effect, the owner shall make
monthly payments from project income to the Secretary for deposit
in a reserve account for the project. Such monthly payments
shall, in the first year after the loan is made or insured, equal
$2 for each unit in the project, and shall increase by $2 annually
until the expiration of the 20-year period beginning on the date
that the loan was made or insured, except that such annual
increases shall not be required for a unit occupied by a
low-income family or individual who is paying more than 30 percent
of the family's or individual's adjusted income in rent. The rent
on a unit for which payment is made under this paragraph shall be
increased by the amount of such payment.
"(5) RESERVE ACCOUNT. --
"(A) Payments under paragraph (4) shall be deposited in an
interest bearing account that the Secretary shall establish for
the project.
"(B) The Secretary shall make available amounts in the reserve
account only for payments of principal and interest on an equity
loan under this subsection. Such payments shall be in amounts
necessary to ensure that rent payments made by low-income families
residing in the housing do not exceed the maximum rent under
section 521(a)(2)(A);
"(C) Any payments to the account, and interest on such
payments, not expended in the project from which such payments
were made, shall be used in other projects to make payments of
principal and interest on an equity loan under this subsection.
Such payments shall be in amounts necessary to ensure that rent
payments made by low-income families residing in the housing do
not exceed the maximum rent under section 521(a)(2)(A).
"(D) The Secretary shall make payments from accounts under this
paragraph only to the extent provided in appropriations Acts.
"(6) SUBMISSION OF PLAN. -- An owner requesting an equity loan
under this subsection shall submit a plan acceptable to the
Secretary to ensure that the cost of amortizing an equity loan
under paragraph (1) does not result in the displacement of
very-low-income tenants or substantially alter the income mix of
the tenants in the project.
"(7) REGULATIONS. -- The Secretary shall issue final
regulations within 180 days from the date of enactment of this
subsection.
"(8) EFFECTIVE DATE. -- The requirements of this subsection
shall apply to any applications for assistance under this section
on or after the expiration of 180 days from the date of enactment
of this subsection.".
SEC. 301. FLEXIBLE SUBSIDY PROGRAM.
Section 236(f)(3) of the National Housing Act "12 USC 1715z-1" is
amended by striking "September 30, 1989" and inserting "September 30,
1991".
SEC. 302. CONTINUATION OF PUBLIC HOUSING ECONOMIC RENT.
Section 3(a)(2) of the United States Housing Act of 1937 "42 USC
1437a" is amended --
(1) in subparagraph (A), by striking "3-year" and inserting
"5-year"; and
(2) in subparagraph (B) --
(A) by striking "3-year" and inserting "5-year"; and
(B) by adding at the end the following: "The terms of all
ceiling rents established prior to the date of enactment of the
Department of Housing and Urban Development Reform Act of 1989
shall be extended for the 5-year period beginning on such date of
enactment.".
SEC. 303. EXTENSION OF RECIPROCITY IN APPROVAL OF HOUSING
SUBDIVISIONS AMONG FEDERAL AGENCIES.
Section 535(b) of the Housing Act "42 USC 1490o" of 1949 is amended
by striking "1-year period beginning on the date of the enactment of the
Stewart B. McKinney Homeless Assistance Amendments Act of 1988" and
inserting the following: "6-month period beginning on the date of the
enactment of the Department of Housing and Urban Development Reform Act
of 1989".
SEC. 304. HODAG AMENDMENT.
Section 17(d) of the United States Housing Act "42 USC 1437o" of 1987
is amended as follows:
"(11) SALE OF UNITS. --
"(A) IN GENERAL. -- Notwithstanding any other provision of
law, in the case of a project assisted by a development grant
awarded pursuant to this section where (i) the grant was
originally approved for a nonprofit cooperative, and (ii) a
majority of the units in the approved project have 3 or more
bedrooms, the nonprofit owner of such project may sell such units
for fee simple or condominium ownership if the requirements of
subparagraph (B) are met.
"(B) REQUIREMENTS. -- The requirements of this subparagraph
are that --
"(i) at least 80 percent of the units in the project are
initially sold to households with incomes that do not exceed 80
percent of the median income of the area;
"(ii) housing cost to such households shall be initially
calculated at not to exceed 30 percent of actual household income;
"(iii) each purchaser agrees that, during the 20-year period
following the initial sale, any subsequent resale of the unit
shall be to a purchaser whose income does not exceed 80 percent of
the median income for the area; and
"(iv) after the 20-year period described in clause (iii), the
pro rata grant attributable to a unit, which shall be secured by a
deed of trust on the unit, shall be repaid upon any sale, lease,
or transfer of any interest in the unit except for a sale of the
unit to a purchaser whose income does not exceed 80 percent of the
median income of the area.
"(C) REFINANCING. -- A refinancing of the unit involving an
equity withdrawal shall require a repayment to the extent of the
withdrawal not to exceed the pro rata amount of the grant
attributable to the unit. A refinancing unrelated to a sale,
equity withdrawal, lease, or transfer of interest shall not
require repayment.
"(D) ADMINISTRATION. -- A homeowner may request grantee
approval of a sale, equity withdrawal, or other transfer with
postponement of the repayment or without full or partial repayment
and grantee may approve if the grantee determines that --
"(i) an undue hardship will result from the application of the
repayment requirement, such as where the proceeds are insufficient
to repay the loan in full; or
"(ii) postponing repayment is in the interest of neighborhood
growth and stability.
"(E) EFFECT OF REPAYMENT. -- Upon repayment of the grant, any
program requirements affecting the unit shall terminate. The
grantee shall use repayments of the grant for low and moderate
income housing as prescribed by the Secretary. Notwithstanding
any existing project covenants or inconsistencies with this
section, the Secretary shall take all action necessary to
implement this paragraph.".
SEC. 401. ACCOUNTABILITY IN AWARDS OF ASSISTANCE; REMEDIES AND
PENALTIES.
(a) IN GENERAL. -- Title V of the Housing Act of 1949 is amended by
adding at the end the following:
"SEC. 536. (a) NOTICE REGARDING ASSISTANCE. --
"(1) "42 USC 1490p" PUBLICATION OF NOTICE OF AVAILABILITY. --
The Secretary shall publish in the Federal Register notice of the
availability of any assistance under any program or discretionary
fund administered by the Secretary under this title.
"(2) PUBLICATION OF APPLICATION PROCEDURES. -- The Secretary
shall publish in the Federal Register a description of the form
and procedures by which application for the assistance may be
made, and any deadlines relating to the award or allocation of the
assistance. Such description shall be sufficient to enable any
eligible applicant to apply for such assistance.
"(3) PUBLICATION OF SELECTION CRITERIA. -- Not less than 30
days before any deadline by which applications or requests for
assistance under any program or discretionary fund administered by
the Secretary must be submitted, the Secretary shall publish in
the Federal Register the criteria by which selection for the
assistance will be made. Such criteria shall include any
objective measures of housing need, project merit, or efficient
use of resources that the Secretary determines are appropriate and
consistent with the statute under which the assistance is made
available.
"(4) DOCUMENTATION OF DECISIONS. --
"(A) The Secretary shall award or allocate assistance only in
response to a written application in a form approved in advance by
the Secretary, except where other award or allocation procedures
are specified in statute.
"(B) The Secretary shall ensure that documentation and other
information regarding each application for assistance is
sufficient to indicate the basis on which any award or allocation
was made or denied. The preceding sentence shall apply to --
"(i) any application for an award or allocation of assistance
made by the Secretary to a State, unit of general local
government, or other recipient of assistance, and
"(ii) any application for a subsequent award or allocation of
such assistance by such State, unit of general local government or
other recipient.
"(C) The Secretary shall ensure that each application and all
related documentation and other information referred to in
subparagraph (B) is readily available for public inspection for a
period of not less than 10 years, beginning not less than 30 days
following the date on which the award or allocation is made.
"(5) EMERGENCY EXCEPTION. -- The Secretary may waive the
requirements of paragraphs (1), (2), and (3) if the Secretary
determines that the waiver is required for adequate response to an
emergency. Not less than 30 days after providing a waiver under
the preceding sentence, the Secretary shall publish in the Federal
Register the Secretary's reasons for so doing.
"(b) DISCLOSURES BY APPLICANTS. -- The Secretary shall require the
disclosure of information with respect to any application for assistance
under this title submitted by any applicant who has received or, in the
determination of the Secretary, can reasonably be expected to receive
assistance under this title in excess of $200,000 in the aggregate
during any fiscal year. Such information shall include the following:
"(1) OTHER GOVERNMENT ASSISTANCE. -- Information regarding any
related assistance from the Federal Government, a State, or a unit
of general local government, or any agency or instrumentality
thereof, that is expected to be made available with respect to the
project or activities for which the applicant is seeking
assistance under this title. Such related assistance shall
include but not be limited to any loan, grant, guarantee,
insurance, payment, rebate, subsidy, credit, tax benefit, or any
other form of direct or indirect assistance.
"(2) INTERESTED PARTIES. -- The name and pecuniary interest of
any person who has a pecuniary interest in the project or
activities for which the applicant is seeking assistance. Persons
with a pecuniary interest in the project or activity shall include
but not be limited to any developers, contractors, and consultants
involved in the application for assistance under this title or the
planning, development, or implementation of the project or
activity. For purposes of this paragraph, residency of an
individual in housing for which assistance is being sought shall
not, by itself, be considered a pecuniary interest.
"(3) EXPECTED SOURCES AND USES. -- A report satisfactory to
the Secretary of the expected sources and uses of funds that are
to be made available for the project or activity.
"(c) UPDATING OF DISCLOSURE. -- During the period when an
application is pending or assistance is being provided, the applicant
shall update the disclosure required under the previous subsection
within 30 days of any substantial change.
"(d) REGULATION OF LOBBYISTS AND CONSULTANTS. --
"(1) LIMITATION OF FEES. -- Any person who is engaged for pay
or for any consideration for the purpose of attempting to
influence any award or allocation of assistance by the Secretary
shall not seek or receive any fee that is --
"(A) based on the amount of assistance or number of units that
may be provided by the Secretary, or
"(B) contingent on an award of assistance by the Secretary,
except that professional services related to a project may be
donated in whole or in part to a community housing development
organization in the event assistance for a project is not awarded.
"(2) REGISTRATION. -- Any person who will be engaged for pay
or for any consideration for the purpose of attempting to
influence any award or allocation of assistance by the Secretary
shall, before doing anything in furtherance of such object,
register by submitting to the Secretary a sworn statement
containing --
"(A) such person's name and business address,
"(B) the nature and duration of any previous Federal
employment,
"(C) the name and address of the person by whom such person is
employed, and in whose interest such person appears or works,
"(D) the duration of such employment,
"(E) how much such person is paid and is to receive,
"(F) by whom such person is paid or is to be paid,
"(G) how much such person is to be paid for expenses, and
"(H) what expenses are to be included.
For purposes of this paragraph, ownership by an individual of a
single family home financed under section 502 does constitute pay
or consideration.
"(3) REPORTING. -- Each person registering under paragraph (2)
shall, between the first and tenth day of each calendar quarter,
so long as such person's activity continues, file with the
Secretary a detailed report under oath setting forth --
"(A) all money received and expended by such person during the
preceding calendar quarter in carrying on such person's work;
"(B) an identification of the person or persons to whom funds
were paid and the purposes of such payments;
"(C) all awards or allocations of assistance under this title
that the person attempted to influence; and
"(D) any contacts with any employee of the Department for the
purpose of attempting to influence any award or allocation of
assistance by the Secretary.
"(e) REMEDIES AND PENALTIES. --
"(1) ADMINISTRATIVE REMEDIES. -- If the Secretary receives or
obtains information providing a reasonable basis to believe that a
violation of subsection (b), (c), or (d) this section has
occurred, the Secretary shall --
"(A) in the case of a selection that has not been made,
determine whether to terminate the selection process or take other
appropriate actions; and
"(B) in the case of a selection that has been made, determine
whether to --
"(i) void or rescind the selection, subject to review and
determination on the record after opportunity for a hearing;
"(ii) impose sanctions upon the violator, including debarment,
subject to review and determination on the record after
opportunity for a hearing;
"(iii) recapture any funds that have been disbursed;
"(iv) permit the violating applicant selected to continue to
participate in the program; or
"(v) take any other actions that the Secretary considers
appropriate.
The Secretary shall publish in the Federal Register a
descriptive statement of each determination made and action taken
under this paragraph.
"(2) CIVIL PENALTIES. -- Whoever violates any section of this
section shall be subject to the imposition of a civil penalty in a
civil action brought by the United States in an appropriate
district court of the United States. A civil penalty under this
paragraph may not exceed --
"(A) $100,000 in the case of an individual; or
"(B) $1,000,000 in the case of an applicant other than an
individual.
"(3) DEPOSIT OF PENALTIES IN INSURANCE FUNDS. --
Notwithstanding any other provision of law, all civil money
penalties collected under this section shall be deposited in the
Rural Housing Insurance Fund.
"(4) NONEXCLUSIVENESS OF REMEDIES. -- This subsection may not
be construed to limit the applicability of any requirements,
sanctions, penalties, or remedies established under any other law.
The Secretary shall not be relieved of any obligation to carry
out the requirements of this section because such other
requirements, sanctions, penalties, or remedies apply.
"(f) LIMITATION OF ASSISTANCE. -- The Secretary shall certify that
assistance provided by the Secretary to any housing project shall not be
more than is necessary to provide affordable housing after taking
account of assistance from all Federal, State, and local sources. The
Secretary shall adjust the amount of assistance provided to an applicant
to compensate for any changes reported under subsection (c).
"(g) REGULATIONS. -- Not less than 180 days following enactment of
this Act, the Secretary shall promulgate regulations to implement this
section.
"(h) DEFINITION. -- For purposes of this section, the term
'assistance' means any housing grant, loan, guarantee, insurance,
rebate, subsidy, tax credit benefit, or other form of direct or indirect
assistance.
"(i) REPORT BY THE SECRETARY. -- The Secretary shall submit to the
Congress, not later than 180 days following the date of enactment of
this section, a report describing actions taken to carry out this
section, including actions to inform and educate officers and employees
of the Department of Agriculture regarding the provisions of this
section.".
(b) EFFECTIVE DATE. -- Section 536 of the Housing Act of 1949, "42
USC 1490p note" as added by subsection (a), shall take effect on the
effective date of regulations implementing such section.
SEC. 402. REUSE OF SECTION 515 LOAN AUTHORITY.
Section 515 of the Housing Act of 1949, as amended by section 207, is
amended by adding at the end the following:
"(u) REUSE OF LOAN AUTHORITY. -- Loan authority that is obligated
under this section but that is not expended due to any action that
removes the original borrower, may be reallocated to a different
borrower during the same fiscal year in which the loan authority was
obligated.".
SEC. 501. PURPOSE.
The purpose of this title is to establish a National Commission on
Severely Distressed Public Housing --
(1) to identify those public housing projects in the Nation
that are in a severe state of distress;
(2) to assess the most promising strategies to improve the
condition of severely distressed public housing projects that have
been implemented by public housing authorities, other Government
agencies at the Federal, State, and local level, public housing
tenants, and the private sector;
(3) to develop a national action plan to eliminate by the year
2000 unfit living conditions in public housing projects determined
by the Commission to be the most severely distressed.
SEC. 502. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the National
Commission on Severely Distressed Public Housing (hereinafter in this
title referred to as the "Commission").
SEC. 503. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT. -- (1) The Commission shall be composed of 18
members, appointed not later than 60 days after amounts are appropriated
pursuant to section 506 or made available from non-Federal sources. The
members shall be as follows:
(A) 6 members to be appointed by the Secretary of Housing and
Urban Development;
(B) 6 members appointed by the Chairman and Ranking Minority
Member of the Subcommittee on Housing and Urban Affairs of the
Committee on Banking, Housing, and Urban Affairs of the Senate and
the Chairman and Ranking Minority Member of the Subcommittee on
VA, HUD, and Independent Agencies of the Committee on
Appropriations of the Senate; and
(C) 6 members appointed by the Chairman and Ranking Minority
Member of the Subcommittee on Housing and Community Development of
the Committee on Banking, Finance and Urban Affairs of the House
of Representatives and the Chairman and Ranking Minority Member of
the Subcommittee on VA, HUD, and Independent Agencies of the
Committee on Appropriations of the House of Representatives.
(2) The Secretary and the congressional leaders referred to in
paragraph (1) shall each appoint as member of the Commission --
(A) 2 individuals who are elected public officials at the
Federal, State, or local level;
(B) 2 individuals who are local public housing officials or
representatives of public housing authorities with experience in
eliminating unfit living conditions in severely distressed public
housing projects;
(C) 1 individual who is a tenant or a representative of tenants
or a tenant organization; and
(D) 1 individual who is a leader of business or labor or is a
distinguished academic in the field of housing and urban
development.
(b) CHAIRPERSON. -- The Commission shall elect a chairperson from
among members of the Commission.
(c) QUORUM. -- A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(d) VOTING. -- Each member of the Commission shall be entitled to 1
vote, which shall be equal to the vote of every other member of the
Commission.
(e) VACANCIES. -- Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(f) PROHIBITION ON ADDITIONAL PAY. -- Members of the Commission
shall serve without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the performance of
their duties as members of the Commission.
SEC. 504. FUNCTIONS OF THE COMMISSION.
(a) IDENTIFICATION OF SEVERELY DISTRESSED PUBLIC HOUSING PROJECTS.
-- The Commission shall identify those public housing projects that are
in a severe state of distress, giving special attention to projects that
--
(1) require major redesign to correct serious deficiencies in
the original design (including inappropriately high population
density), deferred maintenance, physical deterioration or
obsolescence of major systems and other deficiencies in the
physical plant of the project;
(2) are occupied predominantly by families with children who
are in a severe state of distress, characterized by such factors
as high rates of unemployment, teenage pregnancy, single-parent
households, long-term dependency on public assistance and minimal
educational achievement;
(3) are locations for recurrent vandalism and criminal activity
(including drug-related criminal activity);
(4) suffer from management deficiencies, including absence of
effective management systems to (A) repair and re-rent vacant
units expeditiously; (B) maintain units and common areas; (C)
terminate the tenancy of tenants engaged in activity that
adversely affects the health, safety, and right to quiet enjoyment
of their neighbors; (D) collect rents; (E) encourage tenant
participation and cooperation in management and maintenance; and
(F) maintain adequate security; and
(5) meet such other criteria that the Commission determines to
be evidence of unfit living conditions.
(b) EVALUATION OF ALTERNATIVE STRATEGIES. -- The Commission shall
assess the most promising strategies to eliminate unfit living
conditions in severely distressed public housing projects that have been
implemented by public housing authorities, other Government agencies at
the Federal, State, and local level, public housing tenants, and the
private sector. Such strategies may include but shall not be limited to
--
(1) measures to correct management deficiencies;
(2) the provision of supportive services to project residents
and, if necessary, the redesign of projects to accommodate such
services;
(3) the redesign of projects to reduce density and otherwise
eliminate harmful design elements;
(4) the conversion of projects to mixed-income housing
developments; and
(5) the total or partial demolition or disposition of projects.
Evaluation of such strategies shall consider efforts to provide
for replacement of public housing dwelling units that were
demolished, disposed of or otherwise removed from use by
low-income persons.
(c) DEVELOPMENT OF NATIONAL ACTION PLAN. -- The Commission shall
establish a national action plan to eliminate by the year 2000 unfit
living conditions in public housing projects identified in subsection
(a). The action plan shall --
(1) specify objectives that the Department of Housing and Urban
Development could achieve in cooperation with public housing
authorities, public housing tenants, and other interested parties;
(2) provide a schedule by which such objectives could be
achieved;
(3) recommend any legislative or administrative action that is
necessary to achieve such objectives;
(4) make recommendations regarding any necessary replacement of
public housing; and
(5) calculate, in accordance with the schedule established
above, any impact on Federal expenditures necessary to achieve
such objectives.
(d) FINAL REPORT. -- Not later than 12 months after the Commission
is established pursuant to section 503(a), the Commission shall submit
to the Secretary and to the Congress a final report which shall contain
the information, evaluations, and recommendations specified above.
SEC. 505. POWERS OF COMMISSION.
(a) HEARINGS. -- The Commission may, for the purpose of carrying out
this subtitle, hold such hearings and sit and act at such times and
places as the Commission may find advisable.
(b) RULES AND REGULATIONS. -- The Commission may adopt such rules
and regulations as may be necessary to establish its procedures and to
govern the manner of its operations, organization and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES. --
(1) The Commission may secure directly from any department or
agency of the United States such data and information as the
Commission may require for the purpose of this subtitle, including
but not limited to comprehensive plans submitted by public housing
authorities in accordance with section 14 of the United States
Housing Act of 1937, and applications submitted by public housing
authorities requesting funds for the major reconstruction of
public housing projects in accordance with section 5 of such Act.
Upon request of the Commission, any such department or agency
shall furnish such data or information. The Commission may
acquire data or information directly from public housing
authorities to the same extent the Secretary could acquire such
data or information.
(2) The General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(3) Upon the request of the chairperson of the Commission, the
Secretary of Housing and Urban Development shall, to the extent
possible and subject to the discretion of the Secretary, detail
any of the personnel of the Department of Housing and Urban
Development, on a nonreimbursable basis, to assist the Commission
in carrying out its duties under this subtitle.
(d) MAILS. -- The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) CONTRACTING. -- The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts
with private firms, institutions, and individuals for the purpose of
conducting research or surveys necessary to enable the Commission to
discharge its duties under this subtitle.
(f) STAFF. -- (1) The Commission shall appoint an executive director
of the Commission who shall be compensated at a rate fixed by the
Commission, but which shall not exceed the rate established for level V
of the Executive Schedule under title 5, United States Code.
(2) In addition to the executive director, the Commission may appoint
and fix the compensation of such personnel as it deems advisable, in
accordance with the provisions of title 5, United States Code, governing
appointments to the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.
(g) ADVISORY COMMITTEE. -- The Commission shall be considered an
advisory committee within the meaning of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title not
to exceed $2,000,000 for fiscal year 1990 and $1,000,000 for fiscal year
1991. Funds appropriated under this section shall remain available
until expended.
SEC. 507. SUNSET.
The Commission shall terminate upon the expiration of 18 months
following the appointment of all the members under section 503(a).
SEC. 601. ESTABLISHMENT.
There is established a Commission to be known as the National
Commission on American Indian, Alaska Native, and Native Hawaiian
Housing (hereinafter in this section referred to as the "Commission").
SEC. 602. MEMBERSHIP.
(a) APPOINTMENT. -- (1) The Commission shall be composed of 12
members, appointed not later than 60 days after amounts are appropriated
pursuant to section 605 of this Act or made available from non-Federal
sources. The members shall be appointed as follows:
(A) 2 members to be appointed by the Secretary of Housing and
Urban Development;
(B) 2 members appointed by the Chairman and the Ranking
Minority Member of the Select Committee on Indian Affairs of the
Senate;
(C) 3 members appointed by the Chairman and the Ranking
Minority Member of the Subcommittee on Housing and Community
Development of the Committee on Banking, Finance, and Urban
Affairs of the House of Representatives;
(D) 3 members appointed by the Chairman and Ranking Minority
Member of the Subcommittee on Housing and Urban Affairs of the
Committee on Banking, Housing, and Urban Affairs of the Senate;
(E) 1 Native Hawaiian appointed by the Secretary of Housing and
Urban Development; and
(F) 1 Native Hawaiian appointed by the Chairman and Ranking
Minority Member of the Select Committee on Indian Affairs of the
Senate.
(2) Except as provided in paragraph (3), the Secretary and the
congressional leaders referred to in subparagraphs (A) through (D) of
paragraph (1) shall appoint as members of the Commission individuals who
are elected officials of Indian tribes, who are officials of Indian
housing authorities, or who have experience in Federal Indian housing
programs.
(3) The congressional leaders referred to in subparagraphs (C) and
(D) paragraph (1) shall appoint 1 individual under each such clause with
experience in housing development and finance.
(4) The members appointed under subparagraphs (E) and (F) of
paragraph (1) shall be individuals with experience in the Native
Hawaiian community in housing programs available to beneficiaries of the
Hawaiian Homes Commission Act of 1920.
(b) CHAIRPERSON. -- The Commission shall elect a chairperson from
among the members of the Commission.
(c) QUORUM. -- A majority of the members shall constitute a quorum
for the transaction of business.
(d) VOTING. -- Each member of the Commission shall be entitled to
one vote, which shall be equal to the vote of every other member of the
Commission.
(e) VACANCIES. -- Any vacancy on the Commission shall not affect its
powers, but shall be filled in the original manner in which the
appointment was made.
(f) PROHIBITION ON ADDITIONAL PAY. -- Members on the Commission
shall serve without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the performance of
their duties as members of the Commission.
(g) TERMINATION. -- The Commission shall terminate upon the
expiration of 18 months after all members of the Commission are
appointed under paragraph (1).
SEC. 603. FUNCTIONS OF THE COMMISSION.
(a) EVALUATION OF CURRENT PROBLEMS. -- The Commission shall evaluate
the factors currently impeding the development of safe and affordable
housing for American Indians, Alaska Natives, and Native Hawaiians,
including factors related to tribal administrative capacity, property
management, access to financial markets, infrastructure development, and
the adequacy of existing housing programs for Indians, Alaska Natives,
and Native Hawaiians.
(b) EVALUATION OF ALTERNATIVE STRATEGIES. -- The Commission shall
assess the most promising strategies for the development, management,
and modernization of housing for Indians, Alaska Natives, and Native
Hawaiians. The Commission shall, in particular, evaluate housing
strategies that have been or could be carried out by Indian housing
authorities, public housing authorities, other government agencies at
the Federal, State and local level, and the private sector.
(c) DEVELOPMENT OF AN ACTION PLAN. -- The Commission shall establish
an action plan for American Indian and Alaska Native housing based upon
the assessment in subsections (a) and (b). The action plan shall --
(1) specify objectives that the Department of Housing and Urban
Development could achieve in cooperation with Indian housing
authorities, Indian tribes, Native Hawaiian organizations, and
other interested parties;
(2) provide a schedule by which such objectives could be
achieved; and
(3) recommend legislative, regulatory, or administrative action
necessary to achieve such objectives.
(d) FINAL REPORT. -- Not later than 12 months after the appointment
of members of the Commission under section 602(a), the Commission shall
submit to the Secretary and to the Congress a final report which shall
contain the information, evaluations, and recommendations specified
above.
(e) DEFINITION. -- As used in this section, the term "Native
Hawaiian organization" means any organization which is established and
controlled by beneficiaries or eligible beneficiaries under the
provisions established by the Hawaiian Homes Commission Act of 1920.
SEC. 604. POWERS OF THE COMMISSION.
(a) HEARINGS. -- The Commission may for the purpose of carrying out
this title, hold such hearings and sit and act at such times and places
as the Commission may find advisable.
(b) RULES AND REGULATIONS. -- The Commission may adopt such rules
and regulations as may be necessary to establish its procedures and to
govern the manner of its operations, organization, and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES. --
(1) The Commission may secure directly from any department or
agency of the United States such data and information as the
Commission may require for the purpose of this title. Upon
request of the Commission, any such department or agency shall
furnish such data or information. The Commission may require data
or information directly from Indian housing authorities to the
same extent the Secretary could acquire such data or information.
(2) The General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(3) Upon the request of the chairperson of the Commission, the
Secretary of Housing and Urban Development shall, to the extent
possible and subject to the discretion of the Secretary, detail
any of the personnel of the Department of Housing and Urban
Development, on a nonreimbursable basis, to assist the Commission
in carrying out its duties under this title.
(d) MAILS. -- The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) CONTRACTING. -- The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts
with private firms, institutions, and individuals for the purpose of
conducting research or surveys necessary to enable the Commission to
discharge its duties under this title.
(f) STAFF. -- (1) The Commission shall appoint an executive director
of the Commission who shall be compensated at a rate fixed by the
Commission, but which shall not exceed the rate established for level V
of the Executive Schedule under title 5, United States Code.
(2) In addition to the executive director, the Commission may appoint
and fix the compensation of such personnel as it deems advisable, in
accordance with the provisions of title 5, United States Code, governing
appointments to the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.
(3) ADVISORY COMMITTEE. -- The Commission shall be considered an
advisory committee within the meaning of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed $500,000 for
each of the fiscal years 1990 and 1991. Any sums so appropriated shall
remain available until expended.
SEC. 701. NULLIFICATION OF RIGHT OF REDEMPTION OF SINGLE FAMILY
MORTGAGORS UNDER SECTION 312 REHABILITATION LOAN PROGRAM.
(a) IN GENERAL. -- Whenever with respect to a single family mortgage
securing a loan under section 312 of the Housing Act "42 USC 1452c" of
1964, the Secretary of Housing and Urban Development or its foreclosure
agent forecloses in any Federal or State court or pursuant to a power of
sale in a mortgage, the purchaser at the foreclosure sale shall be
entitled to receive a conveyance of title to, and possession of, the
property, subject to any interests senior to the interests of the
Secretary. With respect to properties that are vacant and abandoned,
notwithstanding any State law to the contrary, there shall be no right
of redemption (including all instances any right to possession based
upon any right of redemption) in the mortgagor or any other person
subsequent to the foreclosure sale in connection with such single family
mortgage. The appropriate State official or the trustee, as the case
may be, shall execute and deliver a deed or other appropriate instrument
conveying title to the purchaser at the foreclosure sale, consistent
with applicable procedures in the jurisdiction and without regard to any
such right of redemption.
(b) FORECLOSURE BY OTHERS. -- Whenever with respect to a single
family mortgage on a property that also has a single family mortgage
securing a loan under section 312 of the Housing Act of 1964, a
mortgagee forecloses in any Federal or State court or pursuant to a
power of sale in a mortgage, the Secretary of Housing and Urban
Development, if the Secretary is purchaser at the foreclosure sale,
shall be entitled to receive a conveyance of title to, and possession
of, the property, subject to the interests senior to the interests of
the mortgagee. Notwithstanding any State law to the contrary, there
shall be no right of redemption (including in all instances any right to
possession based upon any right of redemption) if the mortgagor or any
other person subsequent to the foreclosure sale to the Secretary in
connection with a property that secured a single family mortgage for a
loan under section 312 of the Housing Act of 1964. The appropriate
State official or the trustee, as the case may be, shall execute and
deliver a deed or other appropriate instrument conveying title to the
Secretary, who is the purchaser at the foreclosure sale, consistent with
applicable procedures in the jurisdiction and without regard to any such
right of redemption.
(c) VERIFICATION OF TITLE. -- The following actions shall be taken
in order to verify title in the purchaser at the foreclosure sale:
(1) In the case of a judicial foreclosure in any Federal or
State court, there shall be included in the petition and in the
judgment of foreclosure a statement that the foreclosure is in
accordance with this subsection and that there is no right of
redemption in the mortgagor or any other person.
(2) In the case of a foreclosure pursuant to a power of sale
provision in the mortgage, the statement required in paragraph (1)
shall be included in the advertisement of the sale and either in
the recitals of the deed or other appropriate instrument conveying
title to the purchaser at the foreclosure sale or in an affidavit
or addendum to the deed.
(d) DEFINITIONS. -- For purposes of this section:
(1) The term "mortgage" means a deed of trust, mortgage, deed
to secure debt, security agreement, or any other form of
instrument under which any interest in property, real, personal,
or mixed, or any interest in property, including leaseholds, life
estates, reversionary interests, and any other estates under
applicable State law, is conveyed in trust, mortgaged, encumbered,
pledged, or otherwise rendered subject to a lien, for the purpose
of securing the payment of money or the performance of an
obligation.
(2) The term "single family mortgage" means a mortgage that
covers property that includes a 1- to 4-family residence.
SEC. 702. CDBG GRANTS TO INDIAN TRIBES.
(a) ELIMINATION FROM DEFINITION OF NONENTITLEMENT AREAS. -- Section
102(a)(7) of the Housing and Community Development Act of 1974 "42 USC
5302" is amended by striking the period at the end and inserting the
following: "and does not include Indian tribes.".
(b) ALLOCATION. -- Section 106 of the Housing and Community
Development Act of 1974 "42 USC 5306" is amended --
(1) in subsection (a) --
(A) by inserting "and Indian tribes" before the period at the
end of the first sentence; and
(B) by striking the period at the end and inserting the
following: "Indian tribes shall receive grants from such
allocation pursuant to subsection (b)(7).";
(2) in subsection (b)(1), by striking "The" and inserting
"After taking into account the set-aside for Indian tribes under
paragraph (7), the";
(3) in subsection (b)(2), by striking "The" and inserting
"After taking into account the set-aside for Indian tribes under
paragraph (7), the";
(4) in subsection (b), by adding at the end the following new
paragraphs:
"(7)(A) For each fiscal year, the Secretary shall reserve for grants
to Indian tribes, from amounts approved in appropriation Acts under
section 103 for grants for the year under subsection (a), not more than
1 percent of the amounts appropriated under such section.
"(B) The Secretary shall provide for distribution of amounts under
this paragraph to Indian tribes on the basis of a competition conducted
pursuant to specific criteria for the selection of Indian tribes to
receive such amounts. The criteria shall be contained in a regulation
promulgated by the Secretary after notice and public comment."; and
(5) in subsection (d), by striking paragraph (4).
(c) OFFICE OF INDIAN AND ALASKA NATIVE PROGRAMS. -- The Secretary of
Housing and Urban Development shall administer grants to Indian tribes
under title I of the Housing and Community Development Act "42 USC 5306
note" of 1974 through the Office of Indian and Alaska Native Programs of
the Department of Housing and Urban Development.
(d) REGULATIONS. -- The Secretary shall issue any regulations
necessary to carry out this section and the amendments made by this
section in a manner and by such time to provide for the effectiveness of
such regulations with respect to amounts appropriated for fiscal year
1991 under section 103 of the Housing and Community Development Act "42
USC 5306 note" of 1974.
(e) APPLICABILITY. -- The amendments made by this section shall
apply to amounts approved in any appropriation Act under section 103 of
the Housing and Community Development Act "42 USC 5306 note" of 1974 for
fiscal year 1991 and each fiscal year thereafter.
SEC. 801. ANNUAL ADJUSTMENT FACTORS FOR SECTION 8 RENTS.
(a) EFFECT OF PRIOR COMPARABILITY STUDIES. --
(1) IN GENERAL. -- In any case in which, in implementing
section 8(c)(2) of the United States Housing Act of 1937 --
(A) the use of comparability studies by the Secretary of
Housing and Urban Development or the appropriate State agency as
an independent limitation on the amount of rental adjustments
resulting from the application of an annual adjustment factor
under such section has resulted in the reduction of the maximum
monthly rent for units covered by the contract or the failure to
increase such contract rent to the full amount otherwise permitted
under the annual adjustment factor, or
(B) an assistance contract requires a project owner to make a
request before becoming eligible for a rent adjustment under the
annual adjustment factor and the project owner certifies that such
a request was not made because of anticipated negative adjustment
to the project rents,
for fiscal year 1980, and annually thereafter until regulations
implementing this section take effect, rental adjustments shall be
calculated as an amount equal to the annual adjustment factor
multiplied by a figure equal to the contract rent minus the amount
of contract rent attributable to debt service. Upon the request
of the project owner, the Secretary shall pay to the project owner
the amount, if any, by which the total rental adjustment
calculated under the preceding sentence exceeds the total
adjustments the Secretary or appropriate State agency actually
approved, except that solely for purposes of calculating
retroactive payments under this subsection, in no event shall any
project owner be paid an amount less than 30 percent of a figure
equal to the aggregate of the annual adjustment factor multiplied
by the full contract rent for each year on or after fiscal year
1980, minus the sum of the rental payments the Secretary or
appropriate State agency actually approved for those years. The
method provided by this subsection shall be the exclusive method
by which retroactive payments, whether or not requested, may be
made for projects subject to this subsection for the period from
fiscal year 1980 until the regulations issued under subsection (e)
take effect. For purposes of this paragraph, "debt service" shall
include interest, principal, and mortgage insurance premium if
any.
(2) APPLICABILITY. --
(A) IN GENERAL. -- Subsection (a) shall apply with respect to
any use of comparability studies referred to in such subsection
occurring before the effective date of the regulations issued
under subsection (e).
(B) FINAL LITIGATION. -- Subsection (a) shall not apply to any
project with respect to which litigation regarding the authority
of the Secretary to use comparability studies to limit rental
adjustments under section 8(c)(2) of the United States Housing Act
of 1937 has resulted in a judgment before the effective date of
this Act that is final and not appealable (including any
settlement agreement).
(b) 3-YEAR PAYMENTS. "42 USC 1437f note" -- The Secretary shall
provide the amounts under subsection (a) over the 3-year period
beginning on the effective date of the regulations issued under
subsection (e). The Secretary shall provide the payments authorized
under subsection (a) only to the extent approved in subsequent
appropriations Acts. There are authorized to be appropriated such sums
as may be necessary for this purpose.
(c) COMPARABILITY STUDIES. -- Section 8(c)(2)(C) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(C)) is amended by
inserting after the period at the end of the first sentence the
following: "In implementing the limitation established under the
preceding sentence, the Secretary shall establish regulations for
conducting comparability studies for projects where the Secretary has
reason to believe that the application of the formula adjustments under
subparagraph (A) would result in such material differences. The
Secretary shall conduct such studies upon the request of any owner of
any project, or as the Secretary determines to be appropriate by
establishing, to the extent practicable, a modified annual adjustment
factor for such market area, as the Secretary shall designate, that is
geographically smaller than the applicable housing area used for the
establishment of the annual adjustment factor under subparagraph (A).
The Secretary shall establish such modified annual adjustment factor on
the basis of the results of a study conducted by the Secretary of the
rents charged, and any change in such rents over the previous year, for
assisted units and unassisted units of similar quality, type, and age in
the smaller market area. Where the Secretary determines that such
modified annual adjustment factor cannot be established or that such
factor when applied to a particular project would result in material
differences between the rents charged for assisted units and unassisted
units of similar quality, type, and age in the same market area, the
Secretary may apply an alternative methodology for conducting
comparability studies in order to establish rents that are not
materially different from rents charged for comparable unassisted
units.".
(d) "42 USC 1437f note" DETERMINATION OF CONTRACT RENT. -- (1) The
Secretary shall upon the request of the project owner, make a one-time
determination of the contract rent for each project owner referred to in
subsection (a). The contract rent shall be the greater of the contract
rent --
(A) currently approved by the Secretary under section 8(c)(2)
of the United States Housing Act of 1937, or
(B) calculated in accordance with the first sentence of
subsection (a)(1).
(2) All adjustments in contract rents under section 8(c)(2) of the
United States Housing Act of 1937, including adjustments involving
projects referred to in subsection (a), that occur beginning with the
first anniversary date of the contract after the regulations issued
under subsection (e) take effect shall be made in accordance with the
annual adjustment and comparability provisions of sections 8(c)(2)(A)
and 8(c)(2)(C) of such Act, respectively, using the one-time contract
rent determination under paragraph (1).
(e) REGULATIONS. -- The Secretary shall issue regulations to carry
out this section and the amendments made by this section, "42 USC 1437f
note" including the amendments made by subsection (c) with regard to
annual adjustment factors and comparability studies. The Secretary
shall issue such regulations not later than the expiration of the
180-day period beginning on the date of the enactment of this Act.
(f) REPORT. -- Not later than March 1, 1990, the Secretary shall
report to the Congress on the feasibility and desirability, and the
budgetary, legal, and administrative aspects, of adjusting contract
rents under section 8(c)(2)(C) of the United States Housing Act of 1937
on the basis of any alternative methodologies that are simpler in
application than individual project comparability studies.
(g) TECHNICAL AMENDMENT. -- The first sentence of section 8(c)(2)(C)
of the United States Housing Act of 1937 "42 USC 1437f" is amended by
inserting ", type," after "quality".
Approved December 15, 1989.
LEGISLATIVE HISTORY -- H.R. 1:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 14, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
15, Presidential statement.
Public Law 101-234, 103 Stat. 1979
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 "42 USC 1305 note" may be cited as the "Medicare
Catastrophic Coverage Repeal Act of 1989".
SEC. 101. REPEAL OF EXPANSION OF MEDICARE PART A BENEFITS.
(a) "42 USC 1395e note" IN GENERAL. --
(1) GENERAL RULE. -- Except as provided in paragraph (2),
sections 101, 102, and 104(d) (other than paragraph (7)) "42 USC
1395c-1395f, 1395k, 1395x, 1395cc, 1395tt" of the Medicare
Catastrophic Coverage Act of 1988 (Public Law 100-360) (in this
Act referred to as "MCCA") are repealed, and the provisions of law
amended or repealed by such sections are restored or revived as if
such section had not been enacted.
(2) EXCEPTION FOR BLOOD DEDUCTION. -- The repeal of section
102(1) of MCCA (relating to deductibles and coinsurance under part
A) shall not apply, but only insofar as such section amended
paragraph (2) of section 1813(a) of the Social Security Act
(relating to a deduction for blood).
(b) "42 USC 1395e note" TRANSITION PROVISIONS FOR MEDICARE
BENEFICIARIES. --
(1) INPATIENT HOSPITAL SERVICES AND POST-HOSPITAL EXTENDED CARE
SERVICES. -- In applying sections 1812 and 1813 of the Social
Security Act, as restored by subsection (a)(1), with respect to
inpatient hospital services and extended care services provided on
or after January 1, 1990 --
(A) no day before January 1, 1990, shall be counted in
determining the beginning (or period) of a spell of illness;
(B) with respect to the limitation on such services provided in
a spell of illness, days of such services before January 1, 1990,
shall not be counted, except that days of inpatient hospital
services before January 1, 1989, which were applied with respect
to an individual after receiving 90 days of services in a spell of
illness (commonly known as "lifetime reserve days") shall be
counted;
(C) the limitation of coverage of extended care services to
post-hospital extended care services shall not apply to an
individual receiving such services from a skilled nursing facility
during a continuous period beginning before (and including)
January 1, 1990, until the end of the period of 30 consecutive
days in which the individual is not provided inpatient hospital
services or extended care services; and
(D) the inpatient hospital deductible under section 1813(a)(1)
of such Act shall not apply --
(i) in the case of an individual who is receiving inpatient
hospital services during a continuous period beginning before (and
including) January 1, 1990, with respect to the spell of illness
beginning on such date, if such a deductible was imposed on the
individual for a period of hospitalization during 1989;
(ii) for a spell of illness beginning during January 1990, if
such a deductible was imposed on the individual for a period of
hospitalization that began in December 1989; and
(iii) in the case of a spell of illness of an individual that
began before January 1, 1990.
(2) HOSPICE CARE. -- The restoration of section 1812(a)(4) of
the Social Security Act, effected by subsection (a)(1), shall not
apply to hospice care provided during the subsequent period
(described in such section as in effect on December 31, 1989) with
respect to which an election has been made before January 1, 1990.
(3) TERMINATION OF HOLD HARMLESS PROVISIONS. -- Section 104(b)
"42 USC 1395e note" of MCCA is amended by striking "or 1990" each
place it appears.
(c) TERMINATION OF TRANSITIONAL ADJUSTMENTS IN PAYMENTS FOR INPATIENT
HOSPITAL SERVICES. --
(1) PPS HOSPITALS. -- Section 104(c)(1) "42 USC 1395ww note"
of MCCA is amended by inserting "and before January 1, 1990,"
after "October 1, 1988,".
(2) PPS-EXEMPT HOSPITALS. --
(A) IN GENERAL. -- Section 104(c)(2) of MCCA is amended --
(i) by inserting "and before January 1, 1990," after "January
1, 1989,"; and
(ii) by striking the period at the end and inserting the
following: ", without regard to whether any of such beneficiaries
exhausted medicare inpatient hospital insurance benefits before
January 1, 1989.".
(B) TRANSITION. -- The Secretary of Health and Human Services
shall make an appropriate adjustment to the target amount
established under section 1886(b)(3)(A) "42 USC 1395ww note" of
the Social Security Act in the case of inpatient hospital services
provided to an inpatient whose stay began before January 1, 1990,
in order to take into account the target amount that would have
applied but for the amendments made by this title.
(d) EFFECTIVE DATE. -- The provisions of this section "42 USC 1395c
note" shall take effect January 1, 1990, except that the amendments made
by subsection (c) shall be effective as if included in the enactment of
MCCA.
SEC. 102. REPEAL OF SUPPLEMENTAL MEDICARE PREMIUM AND FEDERAL
HOSPITAL INSURANCE CATASTROPHIC COVERAGE RESERVE FUND.
(a) IN GENERAL. -- Sections 111 and 112 of MCCA are repealed and the
provisions of law amended by such sections "26 USC 59B and notes, 6050F
and note; 42 USC 1395i-1a and note" are restored or revived as if such
sections had not been enacted.
(b) DELAY IN STUDY DEADLINE. -- Section 113(c) of MCCA is amended by
striking "November 30, 1988" and inserting "May 31, 1990".
(c) DISPOSAL OF FUNDS IN FEDERAL HOSPITAL INSURANCE CATASTROPHIC
COVERAGE RESERVE FUND. -- Any balance in the Federal Hospital Insurance
Catastrophic Coverage Reserve Fund (created under section 1817A(a) of
the Social Security Act, "42 USC 1395t note" as inserted by section
112(a) of MCCA) as of January 1, 1990, shall be transferred into the
Federal Supplementary Medical Insurance Trust Fund and any amounts
payable due to overpayments into such Trust Fund shall be payable from
the Federal Supplementary Medical Insurance Trust Fund.
(d) "26 USC 59B note" EFFECTIVE DATES. --
(1) IN GENERAL. -- Except as provided in this subsection, the
provisions of this section shall take effect January 1, 1990.
(2) REPEAL OF SUPPLEMENTAL MEDICARE PREMIUM. -- The repeal of
section 111 of MCCA shall apply to taxable years beginning after
December 31, 1988.
SEC. 201. REPEAL OF EXPANSION OF MEDICARE PART B BENEFITS.
(a) "42 USC 1320a-7a note" IN GENERAL. --
(1) GENERAL RULE. -- Except as provided in paragraph (2),
sections 201 through 208 of MCCA "42 USC 1320a-7a, 1320c-3 and
note, 1395b-1 note, 1395h, 1395k and notes, 1395l, 1395m and
notes, 1395n, 1395u and notes, 1395w-2, 1395w-3, 1395x and notes,
1395y, 1395z, 1395aa-1395bb, 1395cc, 1395mm, 1395ll note, 1395ww
note, 1396a, 1396b, 1396n" are repealed and the provisions of law
amended or repealed by such sections are restored or revived as if
such sections had not been enacted.
(2) EXCEPTION. -- Paragraph (1) shall not apply to subsections
(g) and (m)(4) of section 202 of MCCA.
(b) CONFORMING AMENDMENTS. -- Section 1905(p) of the Social Security
Act (42 U.S.C. 1396d(p)) is amended --
(1) in paragraph (3)(C) --
(A) by striking "Subject to paragraph (4), deductibles" and
inserting "Deductibles", and
(B) by striking "1813, section 1833(b)" and all that follows
and inserting "1813 and section 1833(b))."; and
(2) by striking paragraph (4) and redesignating paragraph (5)
as paragraph (4).
(c) EFFECTIVE DATE. -- The provisions of this section "42 USC
1320a-7a note" shall take effect January 1, 1990.
SEC. 202. "42 USC 401 note" REPEAL OF CHANGES IN MEDICARE PART B
MONTHLY PREMIUM AND FINANCING.
(a) IN GENERAL. -- Sections 211 through 213 (other than sections
211(b) and 211(c)(3)(B) of MCCA "42 USC 401, 1395i, 1395l, 1395r and
note, 1395s, 1395t, 1395t-1, 1395t-2, 1395w, 1395mm" are repealed and
the provisions of law amended or repealed by such sections are restored
or revised as if such sections had not been enacted.
(b) EFFECTIVE DATE. -- The provisions of subsection (a) shall take
effect January 1, 1990, and the repeal of section 211 of MCCA shall
apply to premiums for months beginning after December 31, 1989.
SEC. 203. AMENDMENT OF CERTAIN MISCELLANEOUS PROVISIONS.
(a) REVISION OF MEDIGAP REGULATIONS. --
(1) IN GENERAL. -- Section 1882 of the Social Security Act (42
U.S.C. 1395ss), as amended by section 221(d) of MCCA, is amended
--
(A) in the third sentence of subsection (a) and in subsection
(b)(1), by striking "subsection (k)(3)" and inserting "subsections
(k)(3), (k)(4), (m), and (n)";
(B) in subsection (k) --
(i) in paragraph (1)(A), by inserting "except as provided in
subsection (m)," before "subsection (g)(2)(A)", and
(ii) in paragraph (3), by striking "subsection (l)" and
inserting "subsections (l), (m), and (n)"; and
(C) by adding at the end the following new subsectionis:
"(m)(1)(A) If, within the 90-day period beginning on the date of the
enactment of this subsection, the National Association of Insurance
Commissioners (in this subsection and subsection (n) referred to as the
'Association') revises the amended NAIC Model Regulation (referred to in
subsection (k)(1)(A) and adopted on September 20, 1988) to improve such
regulation and otherwise to reflect the changes in law made by the
Medicare Catastrophic Coverage Repeal Act of 1989, subsection (g)(2)(A)
shall be applied in a State, effective on and after the date specified
in subparagraph (B), as if the reference to the Model Regulation adopted
on June 6, 1979, were a reference to the amended NAIC Model Regulation
(referred to in subsection (k)(1)(A)) as revised by the Association in
accordance with this paragraph (in this subsection and subsection (n)
referred to as the 'revised NAIC Model Regulation').
"(B) The date specified in this subparagraph for a State is the
earlier of the date the State adopts standards equal to or more
stringent than the revised NAIC Model Regulation or 1 year after the
date the Association first adopts such revised Regulation.
"(2)(A) If the Association does not revise the amended NAIC Model
Regulation, within the 90-day period specified in paragraph (1)(A), the
Secretary shall promulgate, not later than 60 days after the end of such
period, revised Federal model standards (in this subsection and
subsection (n) referred to as 'revised Federal model standards') for
medicare supplemental policies to improve such standards and otherwise
to reflect the changes in law made by the Medicare Catastrophic Coverage
Repeal Act of 1989, subsection (g)(2)(A) shall be applied in a State,
effective on and after the date specified in subparagraph (B), as if the
reference to the Model Regulation adopted on June 6, 1979, were a
reference to the revised Federal model standards.
"(B) The date specified in this subparagraph for a State is the
earlier of the date the State adopts standards equal to or more
stringent than the revised Federal model standards or 1 year after the
date the Secretary first promulgates such standards.
"(3) Notwithstanding any other provision of this section (except as
provided in subsection (n)) --
"(A) no medicare supplemental policy may be certified by the
Secretary pursuant to subsection (a),
"(B) no certification made pursuant to subsection (a) shall
remain in effect, and
"(C) no State regulatory program shall be found to meet (or to
continue to meet) the requirements of subsection (b)(1)(A),
unless such policy meets (or such program provides for the application
of standards equal to or more stringent than) the standards set forth in
the revised NAIC Model Regulation or the revised Federal model standards
(as the case may be) by the date specified in paragraph (1)(B) or (2)(B)
(as the case may be).
"(n)(1) Until the date specified in paragraph (4), in the case of a
qualifying medicare supplemental policy described in paragraph (3)
issued in a State --
"(A) before the transition deadline, the policy is deemed to
remain in compliance with the standards described in subsection
(b)(1)(A) only if the insurer issuing the policy complies with the
transition provision described in paragraph (2), or
"(B) on or after the transition deadline, the policy is deemed
to be in compliance with the standards described in subsection
(b)(1)(A) only if the insurer issuing the policy complies with the
revised NAIC Model Regulation or the revised Federal model
standards (as the case may be) before the date of the sale of the
policy.
In this paragraph, the term 'transition deadline' means 1 year after the
date the Association adopts the revised NAIC Model Regulation or 1 year
after the date the Secretary promulgates revised Federal model standards
(as the case may be).
"(2) The transition provision described in this paragraph is --
"(A) such transition provision as the Association provides, by
not later than December 15, 1989, so as to provide for an
appropriate transition (i) to restore benefit provisions which are
no longer duplicative as a result of the changes in benefits under
this title made by the Medicare Catastrophic Coverage Repeal Act
of 1989 and (ii) to eliminate the requirement of payment for the
first 8 days of coinsurance for extended care services, or
"(B) if the Association does not provide for a transition
provision by the date described in subparagraph (A), such
transition provision as the Secretary shall provide, by January 1,
1990, so as to provide for an appropriate transition described in
subparagraph (A).
"(3) In paragraph (1), the term 'qualifying medicare supplemental
policy' means a medicare supplemental policy which has been issued in
compliance with this section as in effect on the date before the date of
the enactment of this subsection.
"(4)(A) The date specified in this paragraph for a policy issued in a
State is --
"(i) the first date a State adopts, after the date of the
enactment of this subsection, standards equal to or more stringent
than the revised NAIC Model Regulation (or revised Federal model
standards), as the case may be, or
"(ii) the date specified in subparagraph (B),
whichever is earlier.
"(B) In the case of a State which the Secretary identifies, in
consultation with the Association, as --
"(i) requiring State legislation (other than legislation
appropriating funds) in order for medicare supplemental policies
to meet standards described in subparagraph (A)(i), but
"(ii) having a legislature which is not scheduled to meet in
1990 in a legislative session in which such legislation may be
considered,
the date specified in this subparagraph is the first day of the first
calendar quarter beginning after the close of the first legislative
session of the State legislature that begins on or after January 1,
1990. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session shall
be deemed to be a separate regular session of the State legislature.
"(5) In the case of a medicare supplemental policy in effect on
January 1, 1990, the policy shall not be deemed to meet the standards in
subsection (c) unless each individual who is entitled to benefits under
this title and is a policyholder or certificate holder under such policy
on such date is sent a notice in an appropriate form by not later than
January 31, 1990, that explains --
"(A) the changes in benefits under this title effected by the
Medicare Catastrophic Coverage Repeal Act of 1989, and
"(B) how these changes may affect the benefits contained in
such policy and the premium for the policy.
"(6)(A) Except as provided in subparagraph (B), in the case of an
individual who had in effect, as of December 31, 1988, a medicare
supplemental policy with an insurer (as a policyholder or, in the case
of a group policy, as a certificate holder) and the individual
terminated coverage under such policy before the date of the enactment
of this subsection, no medicare supplemental policy of the insurer shall
be deemed to meet the standards in subsection (c) unless the insurer --
"(i) provides written notice, no earlier than December 15,
1989, and no later than January 30, 1990, to the policyholder or
certificate holder (at the most recent available address) of the
offer described in clause (ii), and
"(ii) offers the individual, during a period of at least 60
days beginning not later than February 1, 1990, reinstitution of
coverage (with coverage effective as of January 1, 1990), under
the terms which (I) do not provide for any waiting period with
respect to treatment of pre-existing conditions, (II) provides for
coverage which is substantially equivalent to coverage in effect
before the date of such termination, and (III) provides for
classification of premiums on which terms are at least as
favorable to the policyholder or certificate holder as the premium
classification terms that would have applied to the policyholder
or certificate holder had the coverage never terminated.
"(B) An insurer is not required to make the offer under subparagraph
(A)(ii) in the case of an individual who is a policyholder or
certificate holder in another medicare supplemental policy as of the
date of the enactment of this subsection, if (as of January 1, 1990) the
individual is not subject to a waiting period with respect to treatment
of a pre-existing condition under such other policy.".
(b) ADJUSTMENT OF CONTRACTS WITH PREPAID HEALTH PLANS. --
Notwithstanding any other provision of this Act, the amendments made by
this Act "42 USC 1395mm note" (other than the repeal of sections
1833(c)(5) and 1834(c)(6) of the Social Security Act) shall not apply to
risk-sharing contracts, for contract year 1990 --
(1) with eligible organizations under section 1876 of the
Social Security Act, or
(2) with health maintenance organizations under section
1876(i)(2)(A) of such Act (as in effect before February 1, 1985),
under section 402(a) of the Social Security Amendments of 1967, or
under section 222(a) of the Social Security Amendments of 1972.
(c) NOTICE OF CHANGES. -- The Secretary of Health and Human Services
shall provide, in the notice of medicare benefits provided under section
1804 "42 USC 1395b-2 note" of the Social Security Act for 1990, for a
description of the changes in benefits under title XVIII of such Act
made by the amendments made by this Act.
(d) MISCELLANEOUS TECHNICAL CORRECTION. -- Section 221(g)(3) of MCCA
"42 USC 1395ss note" is amended by striking "subsection (f)" and
inserting "subsection (e)".
(e) EFFECTIVE DATE. -- The provisions of this section "42 USC 1395ss
note" shall take effect January 1, 1990, except that the amendment made
by subsection (d) shall be effective as if included in the enactment of
MCCA.
SEC. 301. MISCELLANEOUS MCCA AMENDMENTS.
(a) IN GENERAL. -- Sections 421 through 425 and 427 of MCCA "5 USC
902 note; 42 USC 1395b note, 1395b-1 note, 1395b-2 note, 1395n note"
are repealed and any provision of law amended or repealed by such
sections is restored or revived as if such sections had not been
enacted.
(b) MISCELLANEOUS TECHNICAL CORRECTIONS. --
(1) Effective as if included in the enactment of the Omnibus
Budget Reconciliation Act of 1987, section 1834(b)(4)(A) of the
Social Security Act, as added by section 4049(a)(2) of the Omnibus
Budget Reconciliation Act of 1987, "42 USC 1395m" is amended by
striking "insurance and deductibles under section 1835(a)(1)(I)"
and inserting "coinsurance and deductibles under sections
1833(a)(1)(J)".
(2) Section 1842(j)(1)(C)(vii) of the Social Security Act, "42
USC 1395u" as added by section 4085(i)(7)(C) of the Omnibus Budget
Reconciliation Act of 1987, is amended by striking "accordingly"
and inserting "according".
(3) Section 1886(g)(3)(A)(iv) of the Social Security Act, "42
USC 1395ww" as added by section 4006(a)(2) of the Omnibus Budget
Reconciliation Act of 1987, is amended by striking "may) be" and
inserting "may be)".
(4) Section 1866(a)(1)(F)(i)(III) of the Social Security Act
"42 USC 1395cc" is amended by striking "fiscal year))" and
inserting "fiscal year)".
(5) Section 1875(c)(7) of the Social Security Act, as added by
section 9316(a) of the Omnibus Budget Reconciliation Act "42 USC
1395ll" of 1986, is amended by striking "date of the enactment of
this Act" and inserting "date of the enactment of this section".
(6) Section 1842(j)(2)(B) of the Social Security Act, as
amended by section 8(c)(2)(A) of the Medicare and Medicaid Fraud
and Abuse Patient Protection Act of 1987, is amended by striking
"paragraphs" and inserting "subsections".
(c) MISCELLANEOUS CORRECTIONS RELATING TO THE OMNIBUS BUDGET
RECONCILIATION ACT OF 1987. --
(1) Effective as if included in the enactment of the Omnibus
Budget Reconciliation Act of 1987, section 1834(b)(4)(A) of the
Social Security Act (42 U.S.C. 1395m(b)(4)(A)), as added by
section 4049(a)(2) of the Omnibus Budget Reconciliation Act of
1987, is amended by striking "insurance and deductibles under
section 1835(a)(1)(I)" and inserting "coinsurance and deductibles
under sections 1833(a)(1)(J)".
(2) Section 1842(j)(1)(C)(vii) of the Social Security Act (42
U.S.C. 1395u(j)(1)(C)(viii)), as added by section 4085(i)(7)(C) of
the Omnibus Budget Reconciliation Act of 1987, is amended by
striking "accordingly" and inserting "according".
(3) Section 1886(g)(3)(A)(iv) of the Social Security Act (42
U.S.C. 1395ww(g)(3)(A)(iv)), as added by section 4006(a)(2) of the
Omnibus Budget Reconciliation Act of 1987, is amended by striking
"may) be" and inserting "may be)".
(d) OTHER CORRECTIONS. --
(1) Section 1866(a)(1)(F)(i)(III) of the Social Security Act
(42 U.S.C. 1395cc(a)(1)(F)(i)(III)) is amended by striking "fiscal
year))" and inserting "fiscal year)".
(2) Section 1875(c)(7) of the Social Security Act (42 U.S.C.
1395ll(c)(7)), as added by section 9316(a) of the Omnibus Budget
Reconciliation Act of 1986, is amended by striking "date of the
enactment of this Act" and inserting "date of the enactment of
this section".
(3) Section 1842(j)(2)(B) of the Social Security Act (42 U.S.C.
1395u(j)(2)(B)), as amended by section 8(c)(2)(A) of the Medicare
and Medicaid Fraud and Abuse Patient Protection Act of 1987, is
amended by striking "paragraphs" and inserting "subsections".
(e) EFFECTIVE DATE. -- The provisions of this section (other than
subsections (c) and (d)) "42 USC 1395u note" shall take effect January
1, 1990, except that --
(1) the repeal of section 421 of MCAA shall not apply to
duplicative part A benefits for periods before January 1, 1990,
and
(2) the amendments made by subsection (b) shall take effect on
the date of the enactment of this Act.
Approved December 13, 1989.
LEGISLATIVE HISTORY -- H.R. 3607:
HOUSE REPORTS: No. 101-378 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 8, considered and passed
House; considered and passed Senate, amended. Nov. 19, House agreed to
conference report. Senate rejected conference report. Nov. 21, Senate
receded from its amendment.
Public Law 101-233, 103 Stat. 1968
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 4401 note" SHORT TITLE.
This Act "16 USC 4401" may be cited as the "North American Wetlands
Conservation Act".
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS. -- The Congress finds and declares that --
(1) the maintenance of healthy populations of migratory birds
in North America is dependent on the protection, restoration, and
management of wetland ecosystems and other habitats in Canada, as
well as in the United States and Mexico;
(2) wetland ecosystems provide essential and significant
habitat for fish, shellfish, and other wildlife of commercial,
recreational, scientific, and aesthetic values;
(3) almost 35 per centum of all rare, threatened, and
endangered species of animals are dependent on wetland ecosystems;
(4) wetland ecosystems provide substantial flood and storm
control values and can obviate the need for expensive manmade
control measures;
(5) wetland ecosystems make a significant contribution to water
availability and quality, recharging ground water, filtering
surface runoff, and providing waste treatment;
(6) wetland ecosystems provide aquatic areas important for
recreational and aesthetic purposes;
(7) more than 50 per centum of the original wetlands in the
United States alone have been lost;
(8) wetlands destruction, loss of nesting cover, and
degradation of migration and wintering habitat have contributed to
long-term downward trends in populations of migratory bird species
such as pintails, American bitterns, and black ducks;
(9) the migratory bird treaty obligations of the United States
with Canada, Mexico, and other countries require protection of
wetlands that are used by migratory birds for breeding, wintering,
or migration and are needed to achieve and to maintain optimum
population levels, distributions, and patterns of migration;
(10) the 1988 amendments to the Fish and Wildlife Conservation
Act of 1980 require the Secretary of the Interior to identify
conservation measures to assure that nongame migratory bird
species do not reach the point at which measures of the Endangered
Species Act are necessary;
(11) protection of migratory birds and their habitats requires
long-term planning and the close cooperation and coordination of
management activities by Canada, Mexico, and the United States
within the framework of the 1916 and 1936 Migratory Bird
Conventions and the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere;
(12) the North American Waterfowl Management Plan, signed in
1986 by the Minister of Environment for Canada and the Secretary
of the Interior for the United States, provides a framework for
maintaining and restoring an adequate habitat base to ensure
perpetuation of populations of North American waterfowl and other
migratory bird species;
(13) a tripartite agreement signed in March 1988, by the
Director General for Ecological Conservation of Natural Resources
of Mexico, the Director of the Canadian Wildlife Service, and the
Director of the United States Fish and Wildlife Service, provides
for expanded cooperative efforts in Mexico to conserve wetlands
for migratory birds that spend the winter there;
(14) the long-term conservation of migratory birds and habitat
for these species will require the coordinated action of
governments, private organizations, landowners, and other
citizens; and
(15) the treaty obligations of the United States under the
Convention on Wetlands of International Importance especially as
waterfowl habitat requires promotion of conservation and wise use
of wetlands.
(b) PURPOSE. -- The purposes of this Act are to encourage
partnership among public agencies and other interests --
(1) to protect, enhance, restore, and manage an appropriate
distribution and diversity of wetland ecosystems and other
habitats for migratory birds and other fish and wildlife in North
America;
(2) to maintain current or improved distributions of migratory
bird populations; and
(3) to sustain an abundance of waterfowl and other migratory
birds consistent with the goals of the North American Waterfowl
Management Plan and the international obligations contained in the
migratory bird treaties and conventions and other agreements with
Canada, Mexico, and other countries.
SEC. 3. "16 USC 4402" DEFINITIONS.
For the purposes of this Act:
(1) The term "Agreement" means the Tripartite Agreement signed
in March 1988, by the Director General for Ecological Conservation
of Natural Resources of Mexico, the Director of the Canadian
Wildlife Service, and the Director of the United States Fish and
Wildlife Service.
(2) The term "appropriate Committees" means the Committee on
Environment and Public Works of the United States Senate and the
Committee on Merchant Marine and Fisheries of the United States
House of Representatives.
(3) The term "flyway" means the four administrative units used
by the United States Fish and Wildlife Service and the States in
the management of waterfowl populations.
(4) The term "Migratory Bird Conservation Commission" means
that commission established by section 2 of the Migratory Bird
Conservation Act (16 U.S.C. 715a).
(5) The term "migratory birds" means all wild birds native to
North America that are in an unconfined state and that are
protected under the Migratory Bird Treaty Act, including ducks,
geese, and swans of the family Anatidae, species listed as
threatened or endangered under the Endangered Species Act (16
U.S.C. 1531 et seq.), and species defined as nongame under the
Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901-2912).
(6) The term "Plan" means the North American Waterfowl
Management Plan signed by the Minister of the Environment for
Canada and the Secretary of the Interior for the United States in
May 1986.
(7) The term "Secretary" means the Secretary of the Interior.
(8) The term "State" means the State fish and wildlife agency,
which shall be construed to mean any department, or any division
of any department of another name, of a State that is empowered
under its laws to exercise the functions ordinarily exercised by a
State fish and wildlife agency.
(9) The term "wetlands conservation project" means --
(A) the obtaining of a real property interest in lands or
waters, including water rights, if the obtaining of such interest
is subject to terms and conditions that will ensure that the real
property will be administered for the long-term conservation of
such lands and waters and the migratory birds and other fish and
wildlife dependent thereon;
(B) the restoration, management, or enhancement of wetland
ecosystems and other habitat for migratory birds and other fish
and wildlife species if such restoration, management, or
enhancement is conducted on lands and waters that are administered
for the long-term conservation of such lands and waters and the
migratory birds and other fish and wildlife dependent thereon;
and
(C) in the case of projects undertaken in Mexico, includes
technical training and development of infrastructure necessary for
the conservation and management of wetlands and studies on the
sustainable use of wetland resources.
SEC. 4. "16 USC 4403" ESTABLISHMENT OF NORTH AMERICAN WETLANDS
CONSERVATION COUNCIL.
(a) COUNCIL MEMBERSHIP. -- (1) There shall be established a North
American Wetlands Conservation Council (hereinafter in this Act referred
to as the "Council") which shall consist of nine members who may not
receive compensation as members of the Council. Of the Council members
--
(A) one shall be the Director of the United States Fish and
Wildlife Service;
(B) one shall be the Secretary of the Board of the National
Fish and Wildlife Foundation appointed pursuant to section 3(2)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3702);
(C) four shall be individuals who shall be appointed by the
Secretary, who shall reside in different flyways and who shall
each be a Director of the State fish and wildlife agency; and
(D) three shall be individuals who shall be appointed by the
Secretary and who shall each represent a different charitable and
nonprofit organization which is actively participating in carrying
out wetlands conservation projects under this Act, the Plan, or
the Agreement.
(2) The Secretary shall appoint an alternate member of the Council
who shall be knowledgeable and experienced in matters relating to fish,
wildlife, and wetlands conservation and who shall perform the duties of
a Council member appointed under subsection (a)(1)(C) or subsection
(a)(1)(D) of this section --
(A) until a vacancy referred to in subsection (b)(4) of this
section is filled; or
(B) in the event of the anticipated absence of such a member
from any meeting of the Council.
(b) APPOINTMENT AND TERMS. -- (1) Except as provided in paragraphs
(2) and (3), the term of office of a member of the Council appointed
under subsections (a)(1)(C) and (a)(1)(D) of this section is three
years.
(2) Of the Council members first appointed under subsection (a)(1)(C)
of this section after the date of enactment of this Act, one shall be
appointed for a term of one year, one shall be appointed for a term of
two years, and two shall be appointed for a term of three years.
(3) Of the Council members first appointed under subsection (a)(1)(D)
of this section after the date of enactment of this Act, one shall be
appointed for a term of one year, one shall be appointed for a term of
two years, and one shall be appointed for a term of three years.
(4) Whenever a vacancy occurs among members of the Council appointed
under subsection (a)(1)(C) or subsection (a)(1)(D) of this section, the
Secretary shall appoint an individual in accordance with either such
subsection to fill that vacancy for the remainder of the applicable
term.
(c) EX OFFICIO COUNCIL MEMBERS. -- The Secretary is authorized and
encourged to include as ex officio nonvoting members of the Commission
representatives of --
(1) the Federal, provincial, territorial, or State government
agencies of Canada and Mexico, which are participating actively in
carrying out one or more wetlands conservation projects under this
Act, the Plan, or the Agreement;
(2) the Environmental Protection Agency and other appropriate
Federal agencies, in addition to the United States Fish and
Wildlife Service, which are participating actively in carrying out
one or more wetlands conservation projects under this Act, the
Plan, or the Agreement; and
(3) nonprofit charitable organizations and Native American
interests, including tribal organizations, which are participating
actively in one or more wetlands conservation projects under this
Act, the Plan, or the Agreement.
(d) CHAIRMAN. -- The Chairman shall be elected by the Council from
its members for a three-year term, except that the first elected
Chairman may serve a term of less than three years.
(e) QUORUM. -- A majority of the current membership of the Council
shall constitute a quorum for the transaction of business.
(f) MEETINGS. -- The Council shall meet at the call of the Chairman
at least once a year. Council meetings shall be open to the public. If
a Council member appointed under subsection (a)(1)(C) or (a)(1)(D) of
this section misses three consecutive regularly scheduled meetings, the
Secretary may remove that individual in accordance with subsection
(b)(4).
(g) COORDINATOR. -- The Director of the United States Fish and
Wildlife Service shall appoint an individual who shall serve at the
pleasure of the Director and --
(1) who shall be educated and experienced in the principles of
fish, wildlife, and wetlands conservation;
(2) who shall be responsible, with assistance from the United
States Fish and Wildlife Service, for facilitating consideration
of wetlands conservation projects by the Council and otherwise
assisting the Council in carrying out its responsibilities under
this Act; and
(3) who shall be compensated with the funds available under
section 8(a)(1) for administering this Act.
SEC. 5. "16 USC 4404" APPROVAL OF WETLANDS CONSERVATION PROJECTS.
(a) CONSIDERATION BY THE COUNCIL. -- The Council shall recommend
wetlands conservation projects to the Migratory Bird Conservation
Commission based on consideration of --
(1) the extent to which the wetlands conservation project
fulfills the purposes of this Act, the Plan, or the Agreement;
(2) the availability of sufficient non-Federal moneys to carry
out any wetlands conservation project and to match Federal
contributions in accordance with the requirements of section 8(b)
of this Act;
(3) the extent to which any wetlands conservation project
represents a partnership among public agencies and private
entities;
(4) the consistency of any wetlands conservation project in the
United States with the National Wetlands Priority Conservation
Plan developed under section 301 of the Emergency Wetlands
Resources Act (16 U.S.C. 3921);
(5) the extent to which any wetlands conservation project would
aid the conservation of migratory nongame birds, other fish and
wildlife and species that are listed, or are candidates to be
listed, as threatened and endangered under the Endangered Species
Act (16 U.S.C. 1531 et seq.);
(6) the substantiality of the character and design of the
wetlands conservation project; and
(7) the recommendations of any partnerships among public
agencies and private entities in Canada, Mexico, or the United
States which are participating actively in carrying out one or
more wetlands conservation projects under this Act, the Plan, or
the Agreement.
(b) RECOMMENDATIONS TO THE MIGRATORY BIRD CONSERVATION COMMISSION.
-- The Council shall submit to the Migratory Bird Conservation
Commission by January 1 of each year, a description, including estimated
costs, of the wetlands conservation projects which the Council has
considered under subsection (a) of this section and which it recommends,
in order of priority, that the Migratory Bird Conservation Commission
approve for Federal funding under this Act and section 3(b) of the Act
of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act.
(c) COUNCIL PROCEDURES. -- The Council shall establish practices and
procedures for the carrying out of its functions under subsections (a)
and (b) of this section. The procedures shall include requirements that
--
(1) a quorum of the Council must be present before any business
may be transacted; and
(2) no recommendations referred to in subsection (b) of this
section may be adopted by the Council except by the vote of
two-thirds of all members present and voting.
(d) COUNCIL REPRESENTATION ON MIGRATORY BIRD CONSERVATION COMMISSION.
-- The Chairman of the Council shall select one Council member of the
United States citizenship to serve with the Chairman as ex officio
members of the Migratory Bird Conservation Commission for the purposes
of considering and voting upon wetlands conservation projects
recommended by the Council.
(e) APPROVAL OF COUNCIL RECOMMENDATIONS BY THE MIGRATORY BIRD
CONSERVATION COMMISSION. -- The Migratory Bird Conservation Commission,
along with the two members of the Council referred to in subsection (d)
of this section, shall approve, reject or reorder the priority of any
wetlands conservation projects recommended by the Council based on, to
the greatest extent practicable, the criteria of subsection (a) of this
section. If the Migratory Bird Conservationi Commission approves any
wetlands conservation project, Federal funding shall be made available
under this Act and section 3(b) of the Act of September 2, 1937 (16
U.S.C. 669b(b)), as amended by this Act. If the Migratory Bird
Conservation Commission rejects or reorders the priority of any wetlands
conservation project recommended by the Council, the Migratory Bird
Conservation Commission shall provide the Council and the appropriate
Committees with a written statement explaining its rationale for the
rejection or the priority modification.
(f) NOTIFICATION OF APPROPRIATE COMMITTEES. -- The Migratory Bird
Conservation Commission shall submit annually to the appropriate
Committees a report including a list and description of the wetlands
conservation projects approved by the Migratory Bird Conservation
Commission for Federal funding under subsection (d) of this section in
order of priority; the amounts and sources of Federal and non-Federal
funding for such projects; a justification for the approval of such
projects and the order of priority for funding such projects; a list
and description of the wetlands conservation projects which the Council
recommended, in order of priority that the Migratory Bird Conservation
Commission approve for Federal funding; and a justification for any
rejection or re-ordering of the priority of wetlands conservation
projects recommended by the Council that was based on factors other than
the criteria of section 5(a) of this Act.
SEC. 6. CONDITIONS RELATING TO WETLANDS CONSERVATION PROJECTS.
(a) PROJECTS IN THE UNITED STATES. -- (1) Subject to the allocation
requirements of section 8(a)(2) and the limitations on Federal
contributions under section 8(b) of this Act, "16 USC 4405" the
Secretary shall assist in carrying out wetlands conservation projects in
the United States, which have been approved by the Migratory Bird
Conservation Commission, with the Federal funds made available under
this Act and section 3(b) of the Act of September 2, 1937 (16 U.S.C.
669b(b)), as amended by this Act.
(2) Except as provided in paragraph (3), any lands or waters or
interests therein acquired in whole or in part by the Secretary with the
Federal funds made available under this Act and section 3(b) of the Act
of September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, to
carry out wetlands conservation projects shall be included in the
National Wildlife Refuge System.
(3) In lieu of including in the National Wildlife Refuge System any
lands or waters or interests therein acquired under this Act, the
Secretary may, with the concurrence of the Migratory Bird Conservation
Commission, grant or otherwise provide the Federal funds made available
under this Act and section 3(b) of the Act of September 2, 1937 (16
U.S.C. 669b(b)), as amended by this Act or convey any real property
interest acquired in whole or in part with such funds without cost to a
State or to another public agency or other entity upon a finding by the
Secretary that the real property interests should not be included in the
National Wildlife Refuge System: Provided, That any grant recipient
shall have been so identified in the project description accompanying
the recommendation from the Council and approved by the Migratory Bird
Conservation Commission. The Secretary shall not convey any such
interest to a State, another public agency or other entity unless the
Secretary determines that such State, agency or other entity is
committed to undertake the management of the property being transferred
in accordance with the objectives of this Act, and the deed or other
instrument of transfer contains provisions for the reversion of title to
the property to the United States if such State, agency or other entity
fails to manage the property in accordance with the objectives of this
Act. Any real property interest conveyed pursuant to this paragraph
shall be subject to such terms and conditions that will ensure that the
interest will be administered for the long-term conservation and
management of the wetland ecosystem and the fish and wildlife dependent
thereon.
(b) PROJECTS IN CANADA OR MEXICO. -- Subject to the allocation
requirements of section 8(a)(1) and the limitations on Federal
contributions under section 8(b) of this Act, the Secretary shall grant
or otherwise provide the Federal funds made available under this Act and
section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as
amended by this Act, to public agencies and other entities for the
purpose of assisting such entities and individuals in carrying out
wetlands conservation projects in Canada or Mexico that have been
approved by the Migratory Bird Conservation Commission: Provided, That
the grant recipient shall have been so identified in the project
description accompanying the recommendation from the Council and
approved by the Migratory Bird Conservation Commission. The Secretary
may only grant or otherwise provide Federal funds if the grant is
subject to the terms and conditions that will ensure that any real
property interest acquired in whole or in part, or enhanced, managed, or
restored with such Federal funds will be administered for the long-term
conservation and management of such wetland ecosystem and the fish and
wildlife dependent thereon. Real property and interests in real
property acquired pursuant to this subsection shall not become part of
the National Wildlife Refuge System. Acquisitions of real property and
interests in real property carried out pursuant to this subsection shall
not be subject to any provision of Federal law governing acquisitions of
property for inclusion in the National Wildlife Refuge System.
SEC. 7. "16 USC 4406" AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
(a) AID IN WILDLIFE RESTORATION. -- (1) Section 3 of the Act of
September 2, 1937 (16 U.S.C. 669b), is amended --
(A) by inserting "(a)" before "An amount" in the first sentence
thereof; and
(B) by adding at the end thereof the following
"(b)(1) The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion of the
fund as is not, in his judgment, required for meeting a current year's
withdrawals. For purposes of such investment, the Secretary of the
Treasury may --
"(A) acquire obligations at the issue price and purchase
outstanding obligations at the market price; and
"(B) sell obligations held in the fund at the market price.
"(2) The interest on obligations held in the fund --
"(A) shall be credited to the fund;
"(B) constitute the sums available for allocation by the
Secretary under section 8 of the North American Wetlands
Conservation Act; and
"(C) shall become available for apportionment under this Act at
the beginning of fiscal year 2006.".
(2) Section 4(a) of the Act of September 2, 1937 (16 U.S.C. 669c(a)),
is amended by inserting "(excluding interest accruing under section
3(b))" after "revenues" in the first sentence thereof.
(3) The amendments made by this subsection of this Act "16 USC 669b
note" take effect October 1, 1989.
(b) MIGRATORY BIRD FINES, PENALTIES, FORFEITURES. -- The sums
received under section 6 of the Migratory Bird Treaty Act (16 U.S.C.
707) as penalties or fines, or from forfeitures of property are
authorized to be appropriated to the Department of the Interior for
purposes of allocation under section 8 of this Act. This subsection
shall not be construed to require the sale of instrumentalities.
(c) AUTHORIZATION OF APPROPRIATIONS. -- In addition to the amounts
made available under subsections (a) and (b) of this section, there are
authorized to be appropriated to the Department of the Interior for
purposes of allocation under section 8 of this Act not to exceed
$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994.
(d) AVAILABILITY OF FUNDS. -- Sums made available under this section
shall be available until expended.
SEC. 8. "16 USC 4407" ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT
THIS ACT.
(a) ALLOCATIONS. -- Of the sums available to the Secretary for any
fiscal year under this Act and section 3(b) of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669b(b)), as amended by this Act --
(1) such percentage of that sum (but at least 50 per centum and
not more than 70 per centum thereof) as is considered appropriate
by the Secretary, which can be matched with non-Federal moneys in
accordance with the requirements of subsection (b) of this
section, less such amount (but not more than 4 per centum of such
percentage) considered necessary by the Secretary to defray the
costs of administering this Act during such fiscal year, shall be
allocated by the Secretary to carry out approved wetlands
conservation projects in Canada and Mexico in accordance with
section 6(b) of this Act; and
(2) the remainder of such sum after paragraph (1) is applied
(but at least 30 per centum and not more than 50 per centum
thereof), which can be matched with non-Federal moneys in
accordance with the requirements of subsection (b) of this
section, shall be allocated by the Secretary to carry out approved
wetlands conservation projects in the United States in accordance
with section 6(a) of this Act.
(b) FEDERAL CONTRIBUTION FOR PROJECTS. -- The Federal moneys
allocated under subsection (a) of this section for any fiscal year to
carry out approved wetlands conservation projects shall be used for the
payment of not to exceed 50 per centum of the total United States
contribution to the costs of such projects, or may be used for payment
of 100 per centum of the costs of such projects located on Federal lands
and waters, including the acquisition of inholdings within such lands
and waters. The non-Federal share of the United States contribution to
the costs of such projects may not be derived from Federal grant
programs.
(c) PARTIAL PAYMENTS. -- (1) The Secretary may from time to time
make payments to carry out approved wetlands conservation projects as
such projects progress, but such payments, including previous payments,
if any, shall not be more than the Federal pro rata share of any such
project in conformity with subsection (b) of this section.
(2) The Secretary may enter into agreements to make payments on an
initial portion of an approved wetlands conservation project and to
agree to make payments on the remaining Federal share of the costs of
such project from subsequent allocations if and when they become
available. The liability of the United States under such an agreement
is contingent upon the continued availability of funds for the purposes
of this Act.
SEC. 9. "16 USC 4408" RESTORATION, MANAGEMENT, AND PROTECTION OF
WETLANDS AND HABITAT FOR MIGRATORY BIRDS ON FEDERAL LANDS.
The head of each Federal agency responsible for acquiring, managing,
or disposing of Federal lands and waters shall, to the extent consistent
with the mission of such agency and existing statutory authorities,
cooperate with the Director of the United States Fish and Wildlife
Service to restore, protect, and enhance the wetland ecosystems and
other habitats for migratory birds, fish, and wildlife within the lands
and waters of each such agency.
SEC. 10. "16 USC 4409" REPORT TO CONGRESS.
The Secretary shall report to the appropriate Committees on the
implementation of this Act. The report shall include --
(1) a biennial assessment of --
(A) the estimated number of acres of wetlands and habitat for
waterfowl and other migratory birds that were restored, protected,
or enhanced during such two-year period by Federal, State, and
local agencies and other entities in the United States, Canada,
and Mexico;
(B) trends in the population size and distribution of North
American migratory birds; and
(C) the status of efforts to establish agreements with nations
in the western hemisphere pursuant to section 17 of this Act.
(2) an annual assessment of the status of wetlands conservation
projects, including an accounting of expenditures by Federal,
State, and other United States entities, and expenditures by
Canadian and Mexican sources to carry out these projects.
SEC. 11. "16 USC 4410" REVISIONS TO THE PLAN.
The Secretary shall, in 1991 and at five-year intervals thereafter,
undertake with the appropriate officials in Canada to revise the goals
and other elements of the Plan in accordance with the information
required under section 10 and with the other provisions of this Act.
The Secretary shall invite and encourage the appropriate officials in
Mexico to participate in any revisions of the Plan.
SEC. 12. "16 USC 4411" RELATIONSHIP TO OTHER AUTHORITIES.
(a) ACQUISITION OF LANDS AND WATERS. -- Nothing in this Act affects,
alters, or modifies the Secretary's authorities, responsibilities,
obligations, or powers to acquire lands or waters or interests therein
under any other statute.
(b) MITIGATION. -- The Federal funds made available under this Act
and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 669b(b)), as
amended by this Act, may not be used for fish and wildlife mitigation
purposes under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.) or the Water Resources Development Act of 1986, Public Law 99-662
(1986), 100 Stat. 4235.
SEC. 13. "16 USC 4412" ADDITION OF EPA ADMINISTRATOR TO MIGRATORY
BIRD CONSERVATION COMMISSION.
Section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a) is
amended by striking "the Secretary of Transportation," and inserting in
lieu thereof "the Administrator of the Environmental Protection
Agency,".
SEC. 14. LIMITATION ON ASSESSMENTS AGAINST MIGRATORY BIRD
CONSERVATION FUND.
Notwithstanding any other provision of law, only those personnel and
administrative costs directly related to acquisition of real property
shall be levied against the Migratory Bird Conservation Account.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS TO THE MIGRATORY BIRD
TREATY ACT.
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended
--
(1) by striking "and" after "1936,"; and
(2) by inserting after "1972" the following: "and the
convention between the United States and the Union of Soviet
Socialist Republics for the conservation of migratory birds and
their environments concluded November 19, 1976".
SEC. 16. "16 USC 4413" OTHER AGREEMENTS.
(a) The Secretary shall undertake with the appropriate officials of
nations in the western hemisphere to establish agreements, modeled after
the Plan or the Agreement, for the protection of migratory birds
identified in section 13(a)(5) of the Fish and Wildlife Conservation Act
of 1980 (16 U.S.C. 2912(a)). When any such agreements are reached, the
Secretary shall make recommendations to the appropriate Committees on
legislation necessary to implement the agreements.
(b) Section 13(a) of the Fish and Wildlife Conservation Act (16
U.S.C. 2912(a)) is amended by striking "and" after "U.S.C. 1531 to
1543);" and striking "necessary." and inserting "necessary; and" and
adding at the end the following:
"(5) identify lands and waters in the United States and other
nations in the Western Hemisphere whose protection, management, or
acquisition will foster the conservation of species, subspecies,
and populations of migratory nongame birds, including those
identified in paragraph (3).".
SEC. 17. TO EXPAND THE BOGUE CHITTO NATIONAL WILDLIFE REFUGE.
The Act entitled "An Act to establish the Bogue Chitto National
Wildlife Refuge" (Public Law 96-288; 94 Stat. 603), "16 USC 668dd note"
as amended, is further amended by --
(1) striking the period at the end of subsection 3(b) and
inserting in lieu thereof: ", and within an area of approximately
10,000 acres as depicted upon a map entitled "Bogue Chitto NWR
Expansion", dated September, 1989 and on file with the United
States Fish and Wildlife Service."; and
(2) by deleting "$10,000,000" in subsection 5(a) and inserting
in lieu thereof "such sums as may be necessary".
SEC. 18. WETLANDS ASSESSMENTS.
(a) Section 401(a) of the Emergency Wetlands Resources Act of 1986
(16 U.S.C. 3931(a)) is amended by adding the following new paragraph:
"(5) produce, by April 30, 1990, a report that provides --
"(A) an assessment of the estimated total number of acres of
wetland habitat as of the 1780's in the areas that now comprise
each State; and
"(B) an assessment of the estimated total number of acres of
wetlands in each State as of the 1980's, and the percentage of
loss of wetlands in each State between the 1780's and the
1980's.".
(b) Section 401 of the Emergency Wetlands Resources Act of 1986 (16
U.S.C. 3931) is amended by deleting "and" at the end of paragraph (3)
and inserting "and" at the end of paragraph (4).
Approved December 13, 1989.
LEGISLATIVE HISTORY -- S. 804 (H.R. 2587):
HOUSE REPORTS: No. 101-269 accompanying H.R. 2587 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORTS: No. 101-161 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 10, H.R. 2587 considered
and passed House. Nov. 15, S. 804 considered and passed Senate. Nov.
17, considered and passed House, amended. Nov. 19, Senate concurred in
House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
13, Presidential remarks and statement.
Public Law 101-232, 103 Stat. 1967
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORIZING EXPANSION OF MEMBERSHIP OF SUPERIOR COURT OF
THE DISTRICT OF COLUMBIA.
Section 11-903, D.C. Code (as amended by section 138 of the District
of Columbia Appropriations Act, 1990) is amended by striking "Subject to
the enactment of authorizing legislation, the" and inserting "The".
Approved December 13, 1989.
LEGISLATIVE HISTORY -- H.R. 3670:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 17, considered and
passed House. Nov. 20, considered and passed Senate.
Public Law 101-231, 103 Stat. 1954
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 "22 USC 2151 note" may be cited as the
"International Narcotics Control Act of 1989".
(b) TABLE OF CONTENTS. -- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Andean drug initiative.
Sec. 3. Military and law enforcement assistance for Bolivia,
Colombia, and Peru.
Sec. 4. Acquisition by Special Defense Acquisition Fund of defense
articles for narcotics control purposes.
Sec. 5. Excess defense articles for certain major illicit drug
producing countries.
Sec. 6. Waiver of Brooke-Alexander amendment for major coca
producing countries.
Sec. 7. Mexico.
Sec. 8. Nonapplicability of certification procedures to certain
major drug-transit countries.
Sec. 9. Coordination of United States trade policy and narcotics
control objectives.
Sec. 10. Debt-for-drugs exchanges.
Sec. 11. Multilateral antinarcotics strike force.
Sec. 12. Weapons transfers to international narcotics traffickers.
Sec. 13. Rewards for information concerning acts of international
terrorism.
Sec. 14. Waiver of Bumpers Amendment.
Sec. 15. Participation in foreign police actions.
Sec. 16. Authorization of appropriations for international narcotics
control assistance.
Sec. 17. Revisions of certain narcotics-related provisions of the
Foreign Assistance Act.
SEC. 2. ANDEAN DRUG INITIATIVE.
(a) FINDINGS RELATING TO ECONOMIC ASSISTANCE NEEDS. -- The Congress
finds that --
(1) it is crucial to international antidrug efforts that funds
be made available for crop substitution programs and alternative
employment opportunities to provide alternative sources of income
for those individuals in major coca producing countries who are
dependent on illicit drug production activities, as well as for
eradication, enforcement, rehabilitation and treatment, and
education programs in those countries; and
(2) the United States and other major donor countries
(including European countries and Japan) should provide increased
economic assistance, on an urgent basis, to those major coca
producing countries which have taken concrete steps to attack
illicit coca production, processing, and trafficking, by
eradication, interdiction, or other methods which significantly
reduce the flow of cocaine to the world market.
(b) PLAN TO ADDRESS NEED FOR ASSISTANCE. -- The Congress, therefore,
urges the Director of National Drug Control Policy to submit to the
Congress in February 1990, as part of the National Drug Control Strategy
report required by section 1005 of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 1504), a plan which addresses the need outlined in subsection
(a).
(c) ANDEAN SUMMIT. -- The Congress urges the President in the
strongest possible terms to include the following issues on the formal
agenda of the meeting between the President and the heads of government
of Bolivia, Colombia, and Peru, scheduled for early February 1990:
(1) Bilateral and multilateral antidrug efforts that make funds
available for crop substitution programs and alternative
employment opportunities in major coca producing countries, as
well as for eradication, enforcement, rehabilitation and
treatment, and education programs in those countries.
(2) Initiatives to improve and expand antidrug efforts in the
Andean region, including through the use of United States
international economic, commercial, and other policies.
(3) Prior bilateral discussions aimed at increasing
multilateral economic development assistance from Japan, Canada,
and Western European countries for antidrug efforts in the Andean
region.
(4) Debt-for-drugs exchanges that forgive Andean bilateral debt
held by the United States and other creditor countries in return
for commitments by Andean governments to use the savings in debt
service for antidrug programs, pursuant to agreements negotiated
under section 481(h)(2)(B) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291(h)(2)(B)) and other international agreements and
initiatives.
(5) Bilateral and multilateral efforts to halt the transfer of
arms, precursor chemicals, and sophisticated communications
equipment and technology from legitimate sources to drug
trafficking organizations.
(d) REPORT ON ANDEAN SUMMIT MEETING. -- Not later than 30 days after
the conclusion of the Andean summit meeting described in subsection (c),
the President shall report to the Congress on the outcome of that
meeting.
(e) SUPPLEMENTAL BUDGET REQUESTS. -- At the same time as he submits
the report required by subsection (d), the President shall submit to the
Congress such supplemental budget requests for fiscal years 1990 and
1991 as may be necessary to cover the United States share of the cost of
additional economic assistance to implement an Andean antidrug strategy,
including the commitments made at the Andean summit meeting described in
subsection (c).
SEC. 3. "22 USC 229 note" MILITARY AND LAW ENFORCEMENT ASSISTANCE
FOR BOLIVIA, COLOMBIA, AND PERU.
(a) PURPOSES OF ASSISTANCE. -- Assistance provided under this
section shall be designed to --
(1) enhance the ability of the Government of Bolivia, the
Government of Colombia, and the Government of Peru to control
illicit narcotics production and trafficking;
(2) strengthen the bilateral ties of the United States with
those governments by offering concrete assistance in this area of
great mutual concern; and
(3) strengthen respect for internationally recognized human
rights and the rule of law in efforts to control illicit narcotics
production and trafficking.
(b) MILITARY ASSISTANCE AND TRAINING. -- Subject to the requirements
of this section, the President is authorized to use the funds made
available to carry out this section to provide defense articles, defense
services, and international military education and training to Bolivia,
Colombia, and Peru. Such assistance shall be provided under the
authorities of section 23 of the Arms Export Control Act (22 U.S.C.
2763; relating to the foreign military financing program) and chapter 5
of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and
following; relating to international military education and training).
Such assistance is in addition to any other such assistance made
available to those countries.
(c) LAW ENFORCEMENT TRAINING. --
(1) AUTHORIZED FORMS AND RECIPIENTS OF ASSISTANCE. -- Subject
to paragraph (2), up to $6,500,000 of the funds made available to
carry out this section may be used, notwithstanding section 660 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating to
the prohibition on law enforcement assistance) --
(A) to provide to law enforcement agencies, or other units,
that are organized for the specific purpose of narcotics
enforcement by the Government of Bolivia, the Government of
Colombia, or the Government of Peru, education and training in the
operation and maintenance of equipment used in narcotics control
interdiction and eradication efforts; and
(B) for the expenses of deploying, upon the request of the
Government of Bolivia, the Government of Colombia, or the
Government of Peru, Department of Defense mobile training teams in
that country to conduct training in military-related individual
and collective skills that will enhance that country's ability to
conduct tactical operations in narcotics interdiction.
(2) OFFSETTING REDUCTION. -- The amount that may be used under
paragraph (1) shall be reduced by the amount of any assistance
provided for Bolivia, Colombia, or Peru under the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1990, for the purposes specified in subparagraph (A) or (B)
of paragraph (1).
(d) EQUIPMENT FOR LAW ENFORCEMENT UNITS. --
(1) AUTHORIZED FORMS AND RECIPIENTS OF ASSISTANCE. -- Subject
to paragraph (2), up to $12,500,000 of the funds made available to
carry out this section may be used, notwithstanding section 660 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating to
the prohibition on law enforcement assistance), for the
procurement of defense articles for use in narcotics control,
eradication, and interdictioni efforts by law enforcement
agencies, or other units, that are organized for the specific
purpose of narcotics enforcement.
(2) OFFSETTING REDUCTION. -- The amount that may be used under
paragraph (1) shall be reduced by the amount of any assistance
provided for Bolivia, Colombia, or Peru under the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1990, for the procurement of weapons or ammunition in
accordance with the general authorities contained in section
481(a) of the Foreign Assistance Act of 1961.
(e) CONDITIONS OF ELIGIBILITY. -- Assistance may be provided under
this section to Bolivia, Colombia, or Peru only --
(1) so long as that country has a democratic government; and
(2) the law enforcement agencies of that country do not engage
in a consistent pattern of gross violations of internationally
recognized human rights (as defined in section 502B(d)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).
(f) NOTIFICATIONS TO CONGRESS. -- Not less than 15 days before funds
are obligated pursuant to this section, the President shall transmit to
the congressional committees specified in section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1) a written notification in
accordance with the procedures applicable to reprogrammings under that
section. Such notification shall specify --
(1) the country to which the assistance is to be provided;
(2) the type and value of the assistance to be provided;
(3) the law enforcement agencies or other units that will
receive the assistance; and
(4) an explanation of how the proposed assistance will achieve
the purposes specified in subsection (a) of this section.
(g) REPORTS ON HUMAN RIGHTS SITUATION. -- Section 502B(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(c); relating to
country-specific human rights reports upon the request of the foreign
affairs committees) applies with respect to countries for which
assistance authorized by this section is proposed or is being provided.
(h) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE
PROGRAM. -- Assistance under this section shall be coordinated with
assistance provided under chapter 8 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291 and following; relating to international
narcotics control assistance).
(i) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated $125,000,000 for fiscal year 1990 to carry out this
section, which amount is authorized to be made available until expended.
SEC. 4. ACQUISITION BY SPECIAL DEFENSE ACQUISITION FUND OF DEFENSE
ARTICLES FOR NARCOTICS CONTROL PURPOSES.
Section 51(a) of the Arms Export Control Act (22 U.S.C. 2795(a)) is
amended by adding at the end the following:
"(4)(A) The Fund shall also be used to acquire defense articles that
are particularly suited for use for narcotics control purposes and are
appropriate to the needs of recipient countries, such as small boats,
planes (including helicopters), and communications equipment.
"(B) Each report pursuant to section 53(a) shall designate the
defense articles that have been acquired or are to be acquired pursuant
to this paragraph and the defense articles acquired under this chapter
that were transferred for use in narcotics control purposes.".
SEC. 5. EXCESS DEFENSE ARTICLES FOR CERTAIN MAJOR ILLICIT DRUG
PRODUCING COUNTRIES.
Chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2311 and following) is amended by adding at the end the following:
"SEC. 517. "22 USC 2321k" MODERNIZATION OF MILITARY CAPABILITIES OF
CERTAIN MAJOR ILLICIT DRUG PRODUCING COUNTRIES.
"(a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES. -- Subject to
the limitations in this section, the President may transfer to a country
--
"(1) which is a major illicit drug producing country (as
defined in section 481(i)(2)) in Latin America and the Caribbean,
"(2) which has a democratic government, and
"(3) whose armed forces do not engage in a consistent pattern
of gross violations of internationally recognized human rights (as
defined in section 502B(d)(1)),
such excess defense articles as may be necessary to carry out subsection
(b).
"(b) PURPOSE. -- Excess defense articles may be transferred under
subsection (a) only for the purpose of encouraging the military forces
of an eligible country in Latin America and the Caribbean to participate
with local law enforcement agencies in a comprehensive national
antinarcotics program, conceived and developed by the government of that
country, by conducting activities within that country and on the high
seas to prevent the production, processing, trafficking, transportation,
and consumption of illicit narcotic or psychotropic drugs or other
controlled substances (as defined in section 481(i)(3)).
"(c) USES OF EXCESS DEFENSE ARTICLES. -- Excess defense articles may
be furnished to a country under subsection (a) only if that country
ensures that those excess defense articles will be used only in support
of antinarcotics activities.
"(d) ROLE OF THE SECRETARY OF STATE. -- The Secretary of State shall
determine the eligibility of countries to receive excess defense
articles under subsection (a). In accordance with section 4601 of the
International Narcotics Control Act of 1988, the Secretary shall ensure
that the transfer of excess defense articles under subsection (a) is
coordinated with other antinarcotics enforcement programs assisted by
the United States Government.
"(e) DOLLAR LIMITATION. -- The aggregate value of excess defense
articles transferred to a country under subsection (a) in any fiscal
year may not exceed $10,000,000.
"(f) CONDITIONS ON TRANSFERS. -- The President may transfer excess
defense articles under this section only if --
"(1) they are drawn from existing stocks of the Department of
Defense;
"(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in connection
with the transfer; and
"(3) the President determines that the transfer of the excess
defense articles will not have an adverse impact on the military
readiness of the United States.
"(g) TERMS OF TRANSFERS. -- Excess defense articles may be
transferred under this section without cost to the recipient country.
"(h) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD EXPENSES. --
Section 632(d) does not apply with respect to transfers of excess
defense articles under this section.
"(i) NOTIFICATION TO CONGRESS. --
"(1) ADVANCE NOTICE. -- The President may not transfer excess
defense articles under this section until 30 days after the
President has provided notice of the proposed transfer to the
committees specified in paragraph (2). This notification shall
include --
"(A) a certification of the need for the transfer;
"(B) an assessment of the impact of the transfer on the
military readiness of the United States; and
"(C) a statement of the value of the excess defense articles to
be transferred.
"(2) COMMITTEES TO BE NOTIFIED. -- Notice shall be provided
pursuant to paragraph (1) to the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate.".
SEC. 6. WAIVER OF BROOKE-ALEXANDER AMENDMENT FOR MAJOR COCA
PRODUCING COUNTRIES.
During fiscal year 1990, section 620(q) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(q)) and section 518 of the Foreign Operations,
Export Financing, and Related Programs Appropriation Act, 1990, do not
apply with respect to narcotics-related assistance for a country which
is a major illicit drug producing country (as defined in section
481(i)(2) of the Foreign Assistance Act of 1961) because of its coca
production.
SEC. 7. MEXICO.
(a) LIMITATION ON NARCOTICS CONTROL ASSISTANCE. --
(1) LIMITATION. -- Except as provided in paragraph (2), not
more than $15,000,000 of the amounts made available for fiscal
year 1990 to carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291 and following; relating to
international narcotics control assistance) may be made available
for Mexico.
(2) PROCEDURE FOR ADDITIONAL ASSISTANCE. -- Assistance in
excess of the amount specified in paragraph (1) may be made
available for Mexico only if the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1) are notified at least 15 days in advance in
accordance with the procedures applicable to reprogrammings under
that section.
(b) SENATE POLICY TOWARD THE CONTROL OF ILLEGAL DRUGS IN MEXICO. --
(1) FINDINGS. -- The Senate finds that --
(A) the Foreign Assistance Act of 1961 requires, except in
cases of vital national interest, that all countries determined to
be a major illicit drug producing country or a major drug-transit
country must be "cooperating fully" with United States
antinarcotics activities in order to continue receiving various
forms of United States foreign assistance.
(B) relations between the United States and Mexico have
suffered since the 1985 kidnapping and murder of Drug Enforcement
Administration agent Enrique Camarena and the 1986 torture of DEA
agent Victor Cortez;
(C) testimony before the Senate dating to 1986 has indicated
that high-ranking Mexican government, military, and law
enforcement officials have been involved in illegal narcotics
operations, including narcotics trafficking operations into the
United States;
(D) Mexico has been determined to be the primary producer of
marijuana and heroin entering the United States and the transit
point for up to 50 percent of the cocaine being smuggled into this
country;
(E) there have been three drug-related mass murders involving
more than 30 victims along the southwest border in recent months
involving Mexican drug trafficking organizations;
(F) the United States continues to seek, with Mexican
cooperation, hot pursuit and overflight authority for United
States law enforcement agencies, access to bank records,
verification of eradication figures, information on those who have
been tried, charged, sentenced, and served time for
narcotics-related crimes, and extradition of criminal figures;
(G) there was sworn in a new president and Government of Mexico
on December 1, 1988, creating a new era of opportunity for
increased cooperation and mutual friendship;
(H) the new President of Mexico, Carlos Salinas de Gortari, has
indicated a strong willingness to expand and improve Mexico's
antinarcotics activities;
(I) the Chief of the Mexico City Police Investigative Service,
Miguel Nazar Haro, who is under indictment in the United States,
has been fired;
(J) the Government of Mexico has arrested Miguel Angel
Felix-Gallardo, one of the most notorious drug trafficking figures
in Mexico;
(K) Mexican officials have for the first time conceded that
corrupt Mexican officials, including law enforcement, government,
and military officials, have previously protected Mr. Gallardo;
and
(L) criminal charges of electoral fraud against the mayor of
Hermosillo, Carlos Robles, and homicide and arms charges against
the head of Mexico's Oil Workers Union, Joaquin Hernandez Galicia,
have been filed.
(2) SENATE POLICY. -- It is the sense of the Senate that --
(A) President Salinas should be supported in his expressed
willingness to end the narcotics-related corruption that has
permeated the Government of Mexico in the past;
(B) Mexico should conclude the prosecution of the murders of
Drug Enforcement Administration agent Camarena, the perpetrators
of torture against DEA agent Cortez, and make progress in the
prosecution of Felix-Gallardo;
(C) Mexico should demonstrate its commitment to cooperating
fully in antinarcotics activities by entering into negotiations
with the United States on --
(i) joint overflight and hot pursuit operations, involving
Mexican law enforcement officials traveling on United States
interdiction aircraft with Mexican officers having responsibility
for actual arrests of suspects;
(ii) participation of United States law enforcement agencies in
air surveillance flights for interdiction efforts and joint United
States-Mexico border enforcement and interdiction operations;
(iii) United States requests for access to bank records to
assist in carrying out narcotics-related investigations; and
(iv) United States requests for verification of eradication
statistics, including ground verification; and
(D) the people of Mexico should be supported in their efforts
to rid their country of illicit narcotics, bribery and corruption,
and electoral fraud.
SEC. 8. NONAPPLICABILITY OF CERTIFICATION PROCEDURES TO CERTAIN
MAJOR DRUG-TRANSIT COUNTRIES.
Section 481(h) of the Foreign Assistance Act of 1961 shall not apply
with respect to a major drug-transit country for fiscal year 1990 if the
President certifies to the Congress, during that fiscal year, that --
(1) subparagraph (C) of section 481(i)(5) of that Act, relating
to money laundering, does not apply to that country;
(2) the country previously was a major illicit drug producing
country but, during each of the preceding two years, has
effectively eliminated illicit drug production; and
(3) the country is cooperating fully with the United States or
has taken adequate steps on its own --
(A) in satisfying the goals agreed to in an applicable
bilateral narcotics agreement with the United States (as described
in section 481(h)(2)(B) of that Act) or a multilateral agreement
which achieves the objectives of that section;
(B) in preventing narcotic and psychotropic drugs and other
controlled substances transported through such country from being
sold illegally within the jurisdiction of such country to United
States Government personnel or their dependents or from being
transported, directly or indirectly, into the United States; and
(C) in preventing and punishing bribery and other forms of
public corruption which facilitate the production, processing, or
shipment of narcotic and psychotropic drugs and other controlled
substances, or which discourage the investigation and prosecution
of such acts.
SEC. 9. COORDINATION OF UNITED STATES TRADE POLICY AND NARCOTICS
CONTROL OBJECTIVES.
(a) NEED FOR COORDINATION. -- It is the sense of the Congress that
United States trade policy should be coordinated with United States
narcotics control objectives, particularly with respect to issues such
as the International Coffee Agreement.
(b) PRESIDENTIAL REVIEW. -- The Congress commends the President for
reviewing whether the International Coffee Agreement negotiations should
be resumed and whether the trade benefits provided in the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 and following should be
extended to the major coca producing countries of Latin America.
SEC. 10. "22 USC 2291 note" DEBT-FOR-DRUGS EXCHANGES.
(a) AUTHORITY. -- The President may release Bolivia, Colombia, or
Peru from its obligation to make payments to the United States
Government of principal and interest on account of a loan made to that
country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and
following; relating to foreign assistance programs) or credits extended
for that country under section 23 of the Arms Export Control Act (22
U.S.C. 2763; relating to foreign military sales credits) if the
President determines that that country is implementing programs to
reduce the flow of cocaine to the United States in accordance with a
formal bilateral or multilateral agreement, to which the United States
is a party, that contains specific, quantitative and qualitative,
performance criteria with respect to those programs.
(b) CONGRESSIONAL REVIEW OF AGREEMENTS. -- The President shall
submit any such agreement with Bolivia, Colombia, or Peru to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate at least 15 days before
exercising the authority of section (a) with respect to that country.
(b) COORDINATION WITH MULTILATERAL DEBT RELIEF ACTIVITIES. -- The
authority provided in subsection (a) shall be exercised in coordination
with multilateral debt relief activities.
(c) EFFECTIVE DATE. -- Subsection (a) takes effect on October 1,
1990.
SEC. 11. MULTILATERAL ANTINARCOTICS STRIKE FORCE.
(a) FINDINGS. -- The Congress finds that --
(1) the Congress has, in the past, indicated its support for a
multilateral, regional approach to narcotics control efforts;
(2) a proposal to create a multilateral, international
antinarcotics force for the Western Hemisphere, is a plan worthy
of praise and strong United States support;
(3) the development of a greater capability to assist the
governments of Latin America and the Caribbean, including the
Caribbean Basin nations, is an essential component of efforts to
interdict the flow of narcotics to the United States; and
(4) regional leadership in the promotion of a multilateral,
paramilitary force to combat the drug cartels is welcomed and
encouraged.
(b) SENSE OF CONGRESS. -- It is therefore the sense of the Congress
that --
(1) the proposal for the promotion of a regional multilateral
antinarcotics force for the Western Hemisphere should be endorsed;
and
(2) the United States should work through the United Nations,
the Organization of American States, and other multilateral
organizations to determine the feasibility of such a force and
should assist in the establishment of this force if it is found to
be feasible.
SEC. 12. WEAPONS TRANSFERS TO INTERNATIONAL NARCOTICS TRAFFICKERS.
(a) HALTING WEAPONS TRANSFERS TO NARCOTICS TRAFFICKERS. -- The
Congress urges the President to seek agreement by the relevant foreign
countries, especially the member countries of the North Atlantic Treaty
Organization and the member countries of the Warsaw Pact, to join with
the United States in taking the necessary steps to halt transfers of
weapons to narcotics traffickers in Latin America.
(b) COORDINATION OF UNITED STATES EFFORTS TO TRACK ILLEGAL ARMS
TRANSFERS. -- The Congress urges the President to improved the
coordination of United States Government efforts --
(1) to track the flow of weapons illegally from the United
States and other countries to international narcotics traffickers,
and
(2) to prevent such illegal shipments from the United States.
(c) INTERPOL. -- The Congress calls upon the President to direct the
United States representative to INTERPOL to urge that organization to
study the feasibility of creating an international database on the flow
of those types of weapons that are being acquired illegally by
international narcotics traffickers.
(d) REPORT TO CONGRESS. -- Not later than 6 months after the date of
enactment of this Act, the President shall report to the Congress on the
steps taken in accordance with this section.
SEC. 13. REWARDS FOR INFORMATION CONCERNING ACTS OF INTERNATIONAL
TERRORISM.
(a) AMENDMENT. -- Subject to subsection (b), section 36(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(c)) is
amended by striking out "$500,000" and inserting in lieu thereof
"$2,000,000".
(b) AVOIDING DUPLICATIVE AMENDMENTS. -- If the Foreign Relations
Authorization Act, "22 USC 2708 note" Fiscal Years 1990 and 1991, is
enacted before this Act, and that Act makes the same amendment as is
described in subsection (a), then subsection (a) shall not take effect.
If, however, this Act is enacted before the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991, and that Act would make
the same amendment as is made by subsection (a), then that amendment as
proposed to be made by that Act shall not take effect.
SEC. 14. WAIVER OF BUMPERS AMENDMENT.
(a) ASSISTANCE FOR CROP SUBSTITUTION ACTIVITIES. -- During fiscal
year 1990, the provisions described in subsection (b) do not apply with
respect to assistance for crop substitution activities undertaken in
furtherance of narcotics control objectives.
(b) BUMPERS AMENDMENT. -- The provisions made inapplicable by
subsection (a) are any provisions of the annual Foreign Operations
Export Financing, and Related Programs Appropriations Act that prohibit
the use of funds made available to carry out part I of the Foreign
Assistance Act of 1961 for activities in connection with the growth or
production in a foreign country of an agricultural commodity for export
which would compete with a similar commodity grown or produced in the
United States.
SEC. 15. PARTICIPATION IN FOREIGN POLICE ACTIONS.
Section 481(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(c)) is amended to read as follows:
"(c) PARTICIPATION IN FOREIGN POLICE ACTIONS. --
"(1) PROHIBITION ON EFFECTING AN ARREST. -- No officer or
employee of the United States may directly effect an arrest in any
foreign country as part of any foreign police action with respect
to narcotics control efforts, notwithstanding any other provision
of law.
"(2) PARTICIPATION IN ARREST ACTIONS. -- Paragraph (1) does
not prohibit an officer or employee of the United States, with the
approval of the United States chief of mission, from being present
when foreign officers are effecting an arrest or from assisting
foreign officers who are effecting an arrest.
"(3) EXCEPTION FOR EXIGENT, THREATENING CIRCUMSTANCES. --
Paragraph (1) does not prohibit an officer or employee from taking
direct action to protect life or safety if exigent circumstances
arise which are unanticipated and which pose an immediate threat
to United States officers or employees, officers or employees of a
foreign government, or members of the public.
"(4) EXCEPTION FOR MARITIME LAW ENFORCEMENT. -- With the
agreement of a foreign country, paragraph (1) does not apply with
respect to maritime law enforcement operations in the territorial
sea of that country.
"(5) INTERROGATIONS. -- No officer or employee of the United
States may interrogate or be present during the interrogation of
any United States person arrested in any foreign country with
respect to narcotics control efforts without the written consent
of such person.
"(6) EXCEPTION FOR STATUS OF FORCES ARRANGEMENTS. -- This
subsection does not apply to the activities of the United States
Armed Forces in carrying out their responsibilities under
applicable Status of Forces arrangements.".
SEC. 16. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL NARCOTICS
CONTROL ASSISTANCE.
Section 482(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2292(a)(1)) "22 USC 2291a" is amended by striking out "$101,000,000 for
fiscal year 1989" and inserting in lieu thereof "$115,000,000 for fiscal
year 1990".
SEC. 17. REVISIONS OF CERTAIN NARCOTICS-RELATED PROVISIONS OF THE
FOREIGN ASSISTANCE ACT.
(a) PLANS BY SIGNATORIES TO 1961 SINGLE CONVENTION. -- Section
481(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)(1))
is amended by striking out the last sentence.
(b) QUARTERLY AND MID-YEAR REPORTS. -- Section 481(b) of that Act
(22 U.S.C. 2291(b)) is amended by striking out "(1)" and all that
follows through "August" in paragraph (2) and inserting in lieu thereof
"MID-YEAR REPORT. -- Not later than September".
(c) USE OF HERBICIDES FOR AERIAL ERADICATION. -- Section 481(d) of
that Act (22 U.S.C. 2291(d)) is amended to read as follows:
"(d) USE OF HERBICIDES FOR AERIAL ERADICATION. --
"(1) MONITORING. -- The President, with the assistance of
appropriate Federal agencies, shall monitor any use under this
chapter of a herbicide for aerial eradication in order to
determine the impact of such use on the environment and on the
health of individuals.
"(2) NOTICE TO HHS AND EPA. -- The Secretary of State shall
inform the Secretary of Health and Human Services and the
Administrator of the Environmental Protection Agency of the use or
intended use by any country or international organization of any
herbicide for aerial eradication in a program receiving assistance
under this chapter.
"(3) ANNUAL REPORTS. -- In the annual report required by
subsection (e), the President shall report on the impact on the
environment and the health of individuals of the use under this
chapter of a herbicide for aerial eradication.
"(4) REPORT UPON DETERMINATION OF HARM TO ENVIRONMENT OR
HEALTH. -- If the President determines that any such use is
harmful to the environment or the health of individuals, the
President shall immediately report that determination to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, together with
such recommendations as the President deems appropriate.".
(d) DEFINITION OF COOPERATION. -- Section 481(h) of that Act (22
U.S.C. 2291(h)) is amended --
(1) in paragraph (2)(A)(i)(IV), by inserting "illicit" before
"production";
(2) in paragraph (2)(B)(iii), by striking out "treatment" and
inserting in lieu thereof "education and treatment programs";
(3) in paragraph (2)(B)(v), by inserting "essential" before
"precursor"; and
(4) in paragraph (3)(D), by inserting "illicit" before
"production".
(e) DEFINITION OF MAJOR ILLICIT DRUG PRODUCING COUNTRY. -- Section
481(i)(2) of that Act (22 U.S.C. 2291(i)(2)) is amended to read as
follows:
"(2) the term 'major illicit drug producing country' means a
country that illicitly produces during a fiscal year 5 metric tons
or more of opium or opium derivative, 500 metric tons or more of
coca, or 500 metric tons or more of marijuana;".
(f) DETERMINING MAJOR ILLICIT DRUG PRODUCING AND DRUG-TRANSIT
COUNTRIES. -- Section 481(k) of that Act (22 U.S.C. 2291(k)) is amended
by striking out paragraph (4).
(g) CONTRIBUTION BY RECIPIENT COUNTRY. -- Section 482(d) of that Act
(22 U.S.C. 2292(d)) "22 USC 2291a" is amended to read as follows:
"(d) CONTRIBUTION BY RECIPIENT COUNTRY. -- To ensure local
commitment to the activities assisted under this chapter, a country
receiving assistance under this chapter should bear an appropriate share
of the costs of any narcotics control program, project, or activity for
which such assistance is to be provided. A country may bear such costs
on an 'in kind' basis.".
(h) CONFORMING AMENDMENTS TO NARCOTICS CONTROL TRADE ACT. -- The
Narcotics Control Trade Act (19 U.S.C. 2492 and following) is amended --
(1) in section 802(b)(1)(A)(i)(IV), by inserting "illicit"
before "production";
(2) in section 802(b)(1)(B)(iii), by striking out "treatment"
and inserting in lieu thereof "education and treatment programs";
(3) in section 802(b)(1)(B)(v), by inserting "essential" before
"precursor";
(4) in section 802(b)(2)(D), "19 USC 2492" by inserting
"illicit" before "production"; and
(5) in section 805, "19 USC 2495" by amending paragraph (2) to
read as follows:
"(2) the term 'major drug producing country' means a country
that illicitly produces during a fiscal year 5 metric tons or more
of opium or opium derivative, 500 metric tons or more of coca, or
500 metric tons or more of marijuana; and".
Approved December 13, 1989.
LEGISLATIVE HISTORY -- H.R. 3611 (S. 1735):
HOUSE REPORTS: No. 101-342, Pt. 1 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 5, S. 1735 considered
and passed Senate. Nov. 13, H.R. 3611 considered and passed House.
Nov. 15, considered and passed Senate, amended, in lieu of S. 1735.
Nov. 21, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
13, Presidential statement.
Public Law 101-230, 103 Stat. 1953
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION.
Lock and dam numbered 4 on the Arkansas River, Arkansas, constructed
as part of the project for navigation on the Arkansas River and
tributaries, shall hereafter be known and designated as the "Emmett
Sanders Lock and Dam".
SEC. 2. LEGAL REFERENCE.
A reference in any law, regulation, document, or record of the United
States to the lock and dam referred to in section 1 shall hereafter be
deemed to be a reference to the "Emmett Sanders Lock and Dam".
Approved December 13, 1989.
LEGISLATIVE HISTORY -- H.R. 2178:
CONGRESSIONAL RECORD, Vol. 135 (1989): May 11, considered and passed
House. Nov. 21, considered and passed Senate.
Public Law 101-229, 103 Stat. 1946
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 410r-5 note" SHORT TITLE.
This Act may be cited as the "Everglades National Park Protection and
Expansion Act of 1989".
SEC. 101. "16 USC 410r-5" FINDINGS, PURPOSES AND DEFINITION OF
TERMS.
(a) FINDINGS. -- The Congress makes the following findings:
(1) The Everglades National Park is a nationally and
internationally significant resource and the park has been
adversely affected and continues to be adversely affected by
external factors which have altered the ecosystem including the
natural hydrologic conditions within the park.
(2) The existing boundary of Everglades National Park excludes
the contiguous lands and waters of the Northeast Shark River
Slough that are vital to long-term protection of the park and
restoration of natural hydrologic conditions within the park.
(3) Wildlife resources and their associated habitats have been
adversely impacted by the alteration of natural hydrologic
conditions within the park, which has contributed to an overall
decline in fishery resources and a 90 percent population loss of
wading birds.
(4) Incorporation of the Northeast Shark River Slough and the
East Everglades within the park will limit further losses suffered
by the park due to habitat destruction outside the present park
boundaries and will preserve valuable ecological resources for use
and enjoyment by future generations.
(5) The State of Florida and certain of its political
subdivisions or agencies have indicated a willingness to transfer
approximately 35,000 acres of lands under their jurisdiction to
the park in order to protect lands and water within the park, and
may so transfer additional lands in the future.
(6) The State of Florida has proposed a joint Federal-State
effort to protect Everglades National Park through the acquisition
of additional lands.
(b) PURPOSE. -- The purposes of this Act are to --
(1) increase the level of protection of the outstanding natural
values of Everglades National Park and to enhance and restore the
ecological values, natural hydrologic conditions, and public
enjoyment of such area by adding the area commonly known as the
Northeast Shark River Slough and the East Everglades to Everglades
National Park; and
(2) assure that the park is managed in order to maintain the
natural abundance, diversity, and ecological integrity of native
plants and animals, as well as the behavior of native animals, as
a part of their ecosystem.
(c) DEFINITIONS. -- As used in this Act:
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "addition" means the approximately 107,600 acre
area of the East Everglades area authorized to be added to
Everglades National Park by this Act.
(3) The term "park" means the area encompassing the existing
boundary of Everglades National Park and the addition area
described in paragraph (2).
(4) The term "project" means the Central and Southern Florida
Project.
SEC. 102. "16 USC 410r-6" BOUNDARY MODIFICATION.
(a) AREA INCLUDED. -- The park boundary is hereby modified to
include approximately 107,600 acres as generally depicted on the map
entitled "Boundary Map, Everglades National Park Addition, Dade County,
Florida", numbered 160-20,013B and dated September 1989. The map shall
be on file and available for public inspection in the offices of the
National Park Service, Department of the Interior.
(b) BOUNDARY ADJUSTMENT. -- The Secretary may from time to time make
minor revisions in the boundaries of the park in accordance with section
7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
4601-4 and following). In exercising the boundary adjustment authority
the Secretary shall ensure all actions will enhance resource
preservation and shall not result in a net loss of acreage from the
park.
(c) ACQUISITION. -- (1) Within the boundaries of the addition
described in subsection (a), the Secretary may acquire lands and
interests in land by donation, purchase with donated or appropriated
funds, or exchange. For purposes of acquiring property by exchange, the
Secretary, may, notwithstanding any other provision of law, exchange the
approximately one acre of Federal land known as "Gilberts' Marina" for
non-Federal land of equal value located within the boundaries of the
addition. Any lands or interests in land which are owned by the State
of Florida or any political subdivision thereof, may be acquired only by
donation.
(2) It is the express intent of Congress that acquisition within the
boundaries of the addition shall be completed not later than 5 years
after the date of enactment of this section. The authority provided by
this section shall remain in effect until all acquisition is completed.
(d) ACQUISITION OF TRACTS PARTIALLY OUTSIDE BOUNDARIES. -- When any
tract of land is only partly within boundaries referred to in subsection
(a), the Secretary may acquire all or any portion of the land outside of
such boundaries in order to minimize the payment of severance costs.
Land so acquired outside of the boundaries may be exchanged by the
Secretary for non-Federal lands within the boundaries, and any land so
acquired and not utilized for exchange shall be reported to the General
Services Administration for disposal under the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377).
(e) OFFERS TO SELL. -- In exercising the authority to acquire
property under this Act, the Secretary shall give prompt and careful
consideration to any offer made by any person owning property within the
boundaries of the addition to sell such property, if such owner notifies
the Secretary that the continued ownership of such property is causing,
or would result in undue hardship.
(f) AUTHORIZATION OF APPROPRIATIONS. -- (1) Subject to the
provisions of paragraph (2), there are hereby authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act.
(2) With respect to land acquisition within the addition, not more
than 80 percent of the cost of such acquisition may be provided by the
Federal Government. Not less than 20 percent of such cost shall be
provided by the State of Florida.
(g) ASSISTANCE. -- Upon the request of the Governor of the State of
Florida, the Secretary is authorized to provide technical assistance and
personnel to assist in the acquisition of lands and waters within the
Kissimmee River/Lake Okeechobee/Everglades Hydrologic Basin, including
the Big Cypress Swamp, through the provision of Federal land acquisition
personnel, practices, and procedures. The State of Florida shall
reimburse the Secretary for such assistance in such amounts and at such
time as agreed upon by the Secretary and the State. Notwithstanding any
other provision of law, reimbursement received by the Secretary for such
assistance shall be retained by the Secretary and shall be available
without further appropriation for purposes of carrying out any
authorized activity of the Secretary within the boundaries of the park.
SEC. 103. "16 USC 410r-7" ADMINISTRATION.
(a) IN GENERAL. -- The Secretary shall administer the areas within
the addition in accordance with this Act and other provisions of law
applicable to the Everglades National Park, and with the provisions of
law generally applicable to units of the national park system, including
the Act entitled "An Act to establish a National Park Service, and for
other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1-4). In order to further preserve and protect Everglades National
Park, the Secretary shall utilize such other statutory authority as may
be available to him for the preservation of wildlife and natural
resources as he deems necessary to carry out the purposes of this Act.
(b) PROTECTION OF ECOSYSTEM. -- The Secretary shall manage the park
in order to maintain the natural abundance, diversity, and ecological
integrity of native plants and animals, as well as the behavior of
native animals, as a part of their ecosystem.
(c) PROTECTION OF FLORA AND FAUNA. -- The park shall be closed to
the operation of airboats --
(1) except as provided in subsection (d); and
(2) except that within a limited capacity and on designated
routes within the addition, owners of record of registered
airboats in use within the addition as of January 1, 1989, shall
be issued nontransferable, nonrenewable permits, for their
individual lifetimes, to operate personally-owned airboats for
noncommercial use in accordance with rules prescribed by the
Secretary to determine ownership and registration, establish uses,
permit conditions, and penalties, and to protect the biological
resources of the area.
(d) CONCESSION CONTRACTS. -- The Secretary is authorized to
negotiate and enter into concession contracts with the owners of
commercial airboat and tour facilities in existence on or before January
1, 1989, located within the addition for the provision of such services
at their current locations under such rules and conditions as he may
deem necessary for the accommodation of visitors and protection of
biological resources of the area.
(e) VISITOR CENTER. -- The Secretary is authorized and directed to
expedite the construction of the visitor center facility at Everglades
City, Florida, as described in the Development Concept Plan, Gulf Coast,
dated February 1989, and upon construction shall designate the visitor
center facility as "The Marjory Stoneman Douglas Center" in
commemoration of the vision and leadership shown by Mrs. Douglas in the
protection of the Everglades and Everglades National Park.
SEC. 104. "16 USC 410r-8" MODIFICATION OF CERTAIN WATER PROJECTS.
(a) IMPROVED WATER DELIVERIES. -- (1) Upon completion of a final
report by the Chief of the Army Corps of Engineers, the Secretary of the
Army, in consultation with the Secretary, is authorized and directed to
construct modifications to the Central and Southern Florida Project to
improve water deliveries into the park and shall, to the extent
practicable, take steps to restore the natural hydrological conditions
within the park.
(2) Such modifications shall be based upon the findings of the
Secretary's experimental program authorized in section 1302 of the 1984
Supplemental Appropriations Act (97 Stat. 1292) and generally as set
forth in a General Design Memorandum to be prepared by the Jacksonville
District entitled "Modified Water Deliveries to Everglades National
Park". The Draft of such Memorandum and the Final Memorandum, as
prepared by the Jacksonville District, shall be submitted as promptly as
practicable to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the United States Senate
and the Committee on Interior and Insular Affairs and the Committee on
Public Works and Transportation of the United States House of
Representatives.
(3) Construction of project modifications authorized in this
subsection and flood protection systems authorized in subsections (c)
and (d) are justified by the environmental benefits to be derived by the
Everglades ecosystem in general and by the park in particular and shall
not require further economic justification.
(4) Nothing in this section shall be construed to limit the operation
of project facilities to achieve their design objectives, as set forth
in the Congressional authorization and any modifications thereof.
(b) DETERMINATION OF ADVERSE EFFECT. -- (1) Upon completion of the
Final Memorandum referred to in subsection (a), the Secretary of the
Army, in consultation with the South Florida Water Management District,
shall make a determination as to whether the residential area within the
East Everglades known as the "Eight and One-Half Square Mile Area" or
adjacent agricultural areas, all as generally depicted on the map
referred to in subsection 102(a), will be adversely affected by project
modifications authorized in subsection (a).
(2) In determining whether adjacent agricultural areas will be
adversely affected, the Secretary of the Army shall consider the impact
of any flood protection system proposed to be implemented pursuant to
subsection (c) on such agricultural areas.
(c) FLOOD PROTECTION; EIGHT AND ONE-HALF SQUARE MILE AREA. -- If
the Secretary of the Army makes a determination pursuant to subsection
(b) that the "Eight and One-Half Square Mile Area" will be adversely
affected, the Secretary of the Army is authorized and directed to
construct a flood protection system for that portion of presently
developed land within such area.
(d) FLOOD PROTECTION; ADJACENT AGRICULTURAL AREA. -- (1) If the
Secretary of the Army determines pursuant to subsection (b) that an
adjacent agricultural area will be adversely affected, the Secretary of
the Army is authorized and directed to construct a flood protection
system for such area. Such determination shall be based on a finding by
the Secretary of the Army that:
(A) the adverse effect will be attributable solely to a project
modification authorized in subsection (a) or to a flood proection
system implemented pursuant to subsection (c), or both; and
(B) such modification or flood protection system will result in
a substantial reduction in the economic utility of such area based
on its present agricultural use.
(2) No project modification authorized in subsection (a) which the
Secretary of the Army determines will cause an adverse effect pursuant
to subsection (b) shall be made operational until the Secretary of the
Army has implemented measures to prevent such adverse effect on the
adjacent agricultural area: Provided, That the Secretary of the Army or
the South Florida Water Management District may operate the modification
to the extent that the Secretary of the Army determines that such
operation will not adversely affect the adjacent agricultural area:
Provided further, That any preventive measure shall be implemented in a
manner that presents the least prospect of harm to the natural resources
of the park.
(3) Any flood protection system implemented by the Secretary of the
Army pursuant to this subsection shall be required only to provide for
flood protection for present agricultural uses within such adjacent
agricultural area.
(4) The acquisition of land authorized in section 102 shall not be
considered a project modification.
(e) PERIODIC REVIEW. -- (1) Not later than 18 months after the
completion of the project modifications authorized in subsection (a),
and periodically thereafter, the Secretary of the Army shall review the
determination of adverse effect for adjacent agricultural areas.
(2) In conducting such review, the Secretary of the Army shall
consult with all affected parties, including, but not limited to, the
Secretary, the South Florida Water Management District and agricultural
users within adjacent agricultural areas.
(3) If, on the basis of such review, the Secretary of the Army
determines that an adjacent agricultural area has been, or will be
adversely affected, the Secretary of the Army is authorized and
directed, in accordance with the provisions of subsection (d), to
construct a flood protection system for such area: Provided, That the
provisions of subsection (d)(2 shall be applicable only to the extent
that the Secretary, in consultation with the Secretary of the Army,
determines that the park will not be adversely affected.
(4) The provisions of this subsection shall only be applicable if the
Secretary of the Army has previously made a determination that such
adjacent agricultural area will not be adversely affected.
(f) CURRENT CANAL OPERATING LEVELS. -- Nothing in this section shall
be construed to require or prohibit the Secretary of the Army or the
South Florida Water Management District from maintaining the water level
within any project canal below the maximum authorized operating level as
of the date of enactment of this Act.
(g) NO LIMITATION ON OTHER CLAIMS. -- If the Secretary of the Army
makes a determination of no adverse effect pursuant to subsection (b),
such determination shall not be considered as a limitation or
prohibition against any available legal remedy which may otherwise be
available.
(h) COORDINATION. -- The Secretary and the Secretary of the Army
shall coordinate the construction program authorized under this section
and the land acquisition program authorized in section 102 in such a
manner as will permit both to proceed concurrently and as will avoid
unreasonable interference with property interests prior to the
acquisition of such interests by the Secretary under section 102.
(i) WEST DADE WELLFIELD. -- No Federal license, permit, approval,
right-of-way or assistance shall be granted or issued with respect to
the West Dade Wellfield (to be located in the Bird Drive Drainage Basin,
as identified in the Comprehensive Development Master Plan for Dade
County, Florida) until the Secretary, the Governor of the State of
Florida, the South Florida Water Management District and Dade County,
Florida enter into an agreement providing that the South Florida Water
Management District's water use permit for the wellfield, if granted,
must include the following limiting conditions: (1) the wellfield's
peak pumpage rate shall not exceed 140,000,000 gallons per day; (2) the
permit shall include reasonable, enforceable measures to limit demand on
the wellfield in times of water shortage; and (3) if, during times of
water shortage, the District fails to limit demand on the wellfield
pursuant to (2), or if the District limits demand on the wellfield
pursuant to (2), but the Secretary certifies that operation of the
wellfield is still causing significant adverse impacts on the resources
of the Park, the Governor shall require the South Florida Water
Management District to take necessary actions to alleviate the adverse
impact, including, but not limited to, temporary reductions in the
pumpage from the wellfield.
(j) PROTECTION OF NATURAL VALUES. -- The Secretary of the Army is
directed in analysis, design and engineering associated with the
development of a general design memorandum for works and operations in
the "C-111 basin" area of the East Everglades, to take all measures
which are feasible and consistent with the purposes of the project to
protect natural values associated with Everglades National Park. Upon
completion of a general design memorandum for the area, the Secretary
shall prepare and transmit a report to the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works of
the United States Senate and the Committee on Interior and Insular
Affairs and the Committee on Public Works and Transportation of the
United States House of Representatives on the status of the natural
resources of the C-111 basin and functionally related lands.
SEC. 201. FORT JEFFERSON NATIONAL MONUMENT REDESIGNATION STUDY.
The Secretary shall prepare and transmit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Interior and
Insular Affairs of the House of Representatives, not later than 2 years
after the date of enactment of this Act, a feasibility and suitability
study of expanding and redesignating Fort Jefferson National Monument in
the Dry Tortugas as Fort Jefferson National Park. The study shall
include cost estimates for any necessary acquisition, development,
operation, and maintenance, as well as alternatives, including a joint
Federal and State management scheme, to further protect the waters, reef
tracts, fisheries, and shallow banks in and around the Florida Keys and
Fort Jefferson National Monument.
Approved December 13, 1989.
LEGISLATIVE HISTORY -- H.R. 1727 (S. 724):
HOUSE REPORTS: No. 101-182, Pt. 1 (Comm. on Interior and Insular
Affairs) and Pt. 2 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 7, considered and passed
House. Nov. 21, considered and passed Senate, amended, in lieu of S.
724. House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
13, Presidential statement.
Public Law 101-228, 103 Stat. 1945
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the second regular session
of the One Hundred First Congress shall begin at 12 o'clock meridian on
Tuesday, January 23, 1990.
SEC. 2. Prior to the convening of the second regular session of the
One Hundred First Congress on January 23, 1990, as provided in section 1
of this resolution, Congress shall reassemble at 12 o'clock meridian on
the second day after its Members are notified in accordance with section
3 of this resolution.
SEC. 3. The Speaker of the House and the Majority Leader of the
Senate, acting jointly after consultation with the Minority Leader of
the House and the Minority Leader of the Senate, shall notify the
Members of the House and Senate, respectively, to reassemble whenever,
in their opinion, the public interest shall warrant it.
SEC. 4. Notwithstanding the provisions of section 1105 of title 31,
United States Code, the President shall transmit to the Congress not
later than January 22, 1990, the Budget for fiscal year 1991.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.J. Res. 449:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 21, considered and
passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
12, Presidential statement.
Public Law 101-227, 103 Stat. 1943
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4(b) of
Public Law 97-454 (13 U.S.C. 91 note) is amended by striking "7 years
after such effective date." and inserting "after September 30, 1993.".
SEC. 2. 5 USC 8343a note" PARTIAL DEFERRED PAYMENT OF LUMP-SUM
CREDIT FOR CERTAIN INDIVIDUALS ELECTING ALTERNATIVE FORMS OF ANNUITIES.
(a) IN GENERAL. -- Notwithstanding any other provision of law, and
except as provided in subsection (c), any lump-sum credit payable to an
employee or Member pursuant to the election of an alternative form of
annuity by such employee or Member under section 8343a or section 8420a
of title 5, United States Code, shall be paid in accordance with the
schedule under subsection (b) (instead of the schedule which would
otherwise apply), if the commencement date of the annuity payable to
such employee or Member occurs after December 2, 1989, and before
October 1, 1990.
(b) SCHEDULE OF PAYMENTS. -- The schedule of payment of any lump-sum
credit subject to this section is as follows:
(1) 50 percent of the lump-sum credit shall be payable on the
date on which, but for the enactment of this section, the full
amount of the lump-sum credit would otherwise be payable.
(2) The remainder of the lump-sum credit shall be payable on
the date which occurs 12 months after the date described in
paragraph (1).
An amount payable in accordance with paragraph (2) shall be payable with
interest, computed using the rate under section 8334(e)(3) of title 5,
United States Code.
(c) EXCEPTIONS. -- The Office of Personnel Management shall
prescribe regulations to provide that, unless the individual involved
indicates otherwise by written notice to the Office (submitted at such
time and in such manner as the regulations may require), this section
shall not apply --
(1) in the case of any individual who is separated from
Government service involuntarily, other than for cause on charges
of misconduct or delinquency; and
(2) in the case of any individual as to whom the application of
this section would be against equity and good conscience, due to a
life-threatening affliction or other critical medical condition
affecting such individual.
(d) ANNUITY BENEFITS NOT AFFECTED. -- Nothing in this section shall
affect the commencement date, the amount, or any other aspect of any
annuity benefits payable under section 8343a or section 8420a of title
5, United States Code.
(e) DEFINITIONS. -- For purposes of this section, the terms
"lump-sum credit", "employee", and "Member" each has the meaning given
such term by section 8331 or section 8401 of title 5, United States
Code, as appropriate.
SEC. 3. AMENDMENTS RELATING TO LIMITATIONS ON POSTAL SERVICE'S
BORROWING AUTHORITY.
(a) IN GENERAL. -- Section 2005(a) of title 39, United States Code,
is amended --
(1) by striking "(a)" and inserting "(a)(1)";
(2) by striking "$10,000,000,000." and inserting "the maximum
amount then allowable under paragraph (2) of this subsection.";
(3) by striking "$1,500,000,000" and inserting
"$2,000,000,000";
(4) by striking "$500,000,000" and inserting "$1,000,000,000";
and
(5) by adding at the end the following:
"(2) The maximum amount allowable under this paragraph is --
"(A) $10,000,000,000 for fiscal year 1990;
"(B) $12,500,000,000 for fiscal year 1991; and
"(C) $15,000,000,000 for fiscal year 1992 and each fiscal year
thereafter.".
(b) EFFECTIVE DATE. -- (1) Subject to the provisions of paragraph
(2), the amendments made by subsection (a) "39 USC 2005 note" shall take
effect on October 1, 1990.
(2) Notwithstanding any other provision of this section, the
amendments made by subsection (a) shall not take effect, if no law to
provide for reconciliation pursuant to section 5 of the concurrent
resolution on the budget for the fiscal year 1990 is enacted before
October 1, 1990.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 3629:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 13, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendment.
Public Law 101-226, 103 Stat. 1928
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "20 USC 2701 note" SHORT TITLE.
This Act may be cited as the "Drug-Free Schools and Communities Act
Amendments of 1989".
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 5111(a) of the Drug-Free Schools and Communities Act of 1986
(20 U.S.C. 3181(a)) is amended --
(1) in paragraph (1) --
(A) in subparagraph (A) --
(i) by inserting after "part C" the following: "and section
5136"; and
(ii) by striking "and $20,000,000" and all that follows and
inserting the following: "$20,000,000 for the fiscal year 1990,
and $35,000,000 for each of the fiscal years 1991, 1992, and
1993."; and
(B) in subparagraph (B), by striking "$230,000,000" and
inserting "$215,000,000"; and
(2) by adding at the end the following new paragraph:
"(3) There are authorized to be appropriated for purposes of carrying
out section 5136 $25,000,000 for each of the fiscal years 1991, 1992,
and 1993.".
SEC. 3. RESERVATIONS AND STATE ALLOTMENTS.
Section 5112 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3182) is amended --
(1) in subsection (a), by striking "From" and inserting "Except
as provided in subsection (c)";
(2) in subsection (b), by striking paragraph (3) and
redesignating paragraph (4) as paragraph (3); and
(3) by adding at the end the following new subsections:
"(c) DISTRIBUTION OF APPROPRIATIONS. -- Except for funds provided
for any fiscal year for part C of this title and sections 5136 and 5137,
and for fiscal year 1991 for section 5146, the Secretary shall
distribute any amounts appropriated or otherwise made available to carry
out this title for any fiscal year in the following manner:
"(1) In any year in which the total of such amounts is not more
than the total amount appropriated or otherwise made available to
carry out this title for the fiscal year 1989, the Secretary shall
distribute such total amount as provided in subsections (a) and
(b).
"(2) In any year in which the total of such amounts is greater
than the total amount appropriated or otherwise made available to
carry out this title for the fiscal year 1989, the amount in
excess of the total amount appropriated or otherwise made
available to carry out this title for the fiscal year 1989 shall
be distributed as follows:
"(A) Such amounts as is necessary to carry out the reservations
under paragraphs (1), (2), and (3) of subsection (a);
"(B)(i) Except as provided in clause (ii), not more than
$14,700,000 to be allocated to the chief executive officer of each
State, in an amount which bears the same ratio to such amount as
the school-age population of the State bears to the school-age
population of all States.
"(ii) For fiscal year 1990, in addition to amounts made
available under clause (i), $25,000,000 shall be available for
distribution to the chief executive officer of each State in an
amount which bears the same ratio to such additional amount as the
school-age population of the State bears to the school-age
population of all States. Funds available under this clause shall
be used to carry out section 5136.
"(C) Subject to subparagraph (D), of the remainder --
"(i) 50 percent of such remainder shall be distributed to the
States under subsection (b); and
"(ii) 50 percent of such remainder shall be distributed to the
States on the basis of the amounts received by each State under
part A of title I of chapter 1 for the preceding fiscal year.
"(D) Under subparagraph (C), no State shall be allotted less
than an amount equal to 0.5 percent of such remainder.
"(d) DEFINITION. -- For the purposes of this section, the term
'State' means any of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.".
SEC. 4. USE OF ALLOTMENTS BY STATES.
Section 5121 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3191) is amended by adding at the end the following new
subsection:
"(c) USE OF ADDITIONAL AMOUNTS. -- Any amounts received by a State
under section 5112(c)(2)(C) shall be used by the State educational
agency to make grants to local educational agencies for purposes of
carrying out programs in accordance with section 5125. The State
educational agency shall distribute any such amounts among the local
educational agencies within the State on the basis of the amounts
received by each such local educational agency under part A of title I
of chapter 1 for the preceding fiscal year.".
SEC. 5. STATE PROGRAMS.
Section 5122 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3192) is amended --
(1) in subsection (a) by striking "local governments" and all
that follows through "organizations" and inserting "parent groups,
community action agencies, community-based organizations, and
other public entities and private nonprofit entities";
(2) in subsection (a) --
(A) in paragraph (6) by striking "and" at the end thereof;
(B) in paragraph (7) by striking the period at the end thereof
and inserting "; and"; and
(C) by adding at the end of such subsection the following new
paragraph:
"(8) to promote, establish, and maintain drug-free school zones
for schools within the State.".
(3) in subsection (b) by striking the second sentence of
paragraph (1) and inserting the following: "The chief executive
officer shall make grants to or enter into contracts with public
entities or private nonprofit entities for purposes of providing
community-based programs of coordinated services that are designed
for high-risk youths, including programs that use strategies to
improve skills of such youths such as vocational and educational
counseling and job skills training, giving priority to assisting
community action agencies, community-based organizations, parent
groups, and other entities which are representative of communities
or significant segments of communities and which have the
capability to provide such services. The chief executive officer
shall also make grants to private nonprofit organizations to
develop new strategies to communicate anti-drug abuse messages to
youths.";
(4) in subsection (b)(2) --
(A) in subparagraph (I) by striking "or";
(B) in subparagraph (J) by striking the period and inserting ";
and"; and
(C) by adding after subparagraph (J) the following new
subparagraph:
"(K) is a juvenile in a detention facility within the State.".
(5) by adding at the end thereof the following new subsection:
"(d) DRUG TESTING PROGRAMS. -- For each fiscal year, amounts made
available to the chief executive officer of a State by section 5121(a)
may be used for nondiscriminatory random drug testing programs for
students voluntarily participating in athletic activities only in
schools which voluntarily choose to participate in such a program.
Nothing in this subsection shall prescribe or prohibit the use of drug
testing programs.".
SEC. 6. STATE APPLICATIONS.
Subsection (b) of section 5123 of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3193) is amended --
(1) in paragraph (7), by inserting before the semicolon the
following: ", and judicial officials;
(2) by striking "and" at the end of paragraph (10);
(3) by striking the period at the end of paragraph (11) and
inserting "; and"; and
(4) by adding at the end the following new paragraph:
"(12) include a plan for providing innovative programs of drug
abuse education for juveniles in detention facilities within the
State as required by section 5122(b)(1)(A).".
SEC. 7. RESPONSIBILITIES OF STATE EDUCATIONAL AGENCIES.
Section 5124 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3194) is amended --
(1) by amending subsection (a) to read as follows:
"(a) GRANTS TO LOCAL AND INTERMEDIATE EDUCATIONAL AGENCIES. -- (1)
Each State educational agency shall use a sum which shall not be less
than 90 percent of the amounts available under section 5121(b) for each
fiscal year for grants to local educational agencies, intermediate
educational agencies, and consortia in the State, in accordance with
applications approved under section 5126.
"(2) From the sum described in paragraph (1), the State educational
agency shall distribute funds for use among local educational agencies,
intermediate educational agencies, and consortia in the State on the
basis of the relative enrollments in public schools and private
nonprofit schools served by such agencies and consortia.
"(3)(A) Not later than July 1 of each year, the State educational
agency shall inform each local educational agency, intermediate
educational agency, and consortium in the State of the amount allocated
to such agency or consortium from amounts available under subsections
(b) and (c) of section 5121. If a local educational agency or a
consortium of local educational agencies chooses not to apply to receive
the amount allocated to such agency under this subsection, the State
educational agency --
"(i) shall distribute such amount to the intermediate
educational agency serving such local educational agency or
consortium; or
"(ii) may, if it is able to facilitate the arrangement of a
consortium among local educational agencies in the State that
choose not to apply to receive the amounts allocated to such
agencies under this subsection, distribute such amount to such
consortium.
"(B) The State educational agency shall distribute to a local
educational agency, intermediate educational agency, or consortium the
amount allocated to such agency or consortium from amounts available
under subsections (b) and (c) of section 5121 upon the approval of an
application for such agency under section 5126.
"(4)(A) Except as provided in subparagraph (B), upon the expiration
of the 1-year period beginning on the date that a local educational
agency, intermediate educational agency, or consortium under this
subsection receives its allocation under this subsection --
"(i) such agency or consortium shall return to the State
educational agency any funds from such allocation that remain
unobligated; and
"(ii) the State educational agency shall reallocate any such
amount to local educational agencies, intermediate educational
agencies, or consortia that have plans for using such amount for
programs or activities on a timely basis.
"(B) In any fiscal year, a local educational agency, intermediate
educaational agency, or consortium may retain for obligation in the
succeeding fiscal year --
"(i) an amount equal to not more than 25 percent of the
allocation it receives under this subsection for such fiscal year;
or
"(ii) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State educational
agency,"; and
(2) in subsection (b) --
(A) in paragraph (2), by inserting after "materials" the
following: "that clearly and consistently teach that illicit drug
use is harmful"; and
(B) in paragraph (5), by striking "2.5 percent" and all that
follows and inserting "5 percent of the amounts available under
subsections (b) and (c) of section 5121.".
SEC. 8. LOCAL DRUG ABUSE EDUCATION AND PREVENTION PROGRAMS.
Section 5125 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3195) is amended in subsection (a) --
(1) in paragraph (2), by inserting before the semicolon the
following: ", which --
"(A) should, to the extent practicable, employ counselors whose
sole duty is to provide drug abuse prevention counseling to
students;
"(B) may include the use of drug-free older students as
positive role models and instruction relating to --
"(i) self-esteem;
"(ii) drugs and drug addiction;
"(iii) decisionmaking and risk-taking;
"(iv) stress management techniques; and
"(v) assertiveness;
"(C) may bring law enforcement officers into the classroom to
provide antidrug information and positive alternatives to drug
use, including decisionmaking and assertiveness skills; and
"(D) in the case of a local educational agency that determines
it has served all students in all grades, such local educational
agency may target additional funds to particularly vulnerable age
groups, especially those in grades 4 through 9";
(2) in paragraph (4) --
(A) by inserting "and intervention" after "drug abuse
prevention"; and
(B) by striking the semicolon at the end and inserting the
following:
", which may include --
"(A) the employment of counselors, social workers,
psychologists, or nurses who are trained to provide drug abuse
prevention and intervention counseling; or
"(B) the provision of services through a contract with a
private nonprofit organization that employs individuals who are
trained to provide such counseling;";
(3) in paragraph (8), by striking "educational personnel" and
inserting "school personnel"; and
(4) in paragraph (11) by striking "and" at the end thereof;
(5) by redesignating paragraph (12) as paragraph (13); and
(6) by adding after paragraph (11) the following new paragraph:
"(12) model alternative schools for youth with drug problems
that address the special needs of such students through education
and counseling; and".
SEC. 9. LOCAL APPLICATIONS.
Section 5126 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3196) is amended --
(1) in subsection (a) --
(A) in paragraph (1), by inserting before the period the
following: "before the expiration of the 120-day period beginning
on the date that the State educational agency notifies the local
educational agency, intermediate educational agency, or consortium
of the amount allocated to such agency or consortium under section
5124(a)."; and
(B) in paragraph (2) --
(i) in subparagraph (H), by inserting before the semicolon the
following: "and with appropriate community-based organizations";
(ii) by striking "and" at the end of subparagraph (L);
(iii) by redesignating subparagraph (M) as subparagraph (R);
and
(iv) by inserting after subparagraph (L) the following new
subparagraphs:
"(M) describe how the applicant will ensure that the schools
will be an important part of a community-wide effort to achieve a
drug-free population;
"(N) describe how, to the extent practicable, assistance
provided under this title will be used to provide trained
counselors, social workers, psychologists, and nurses to carry out
drug abuse prevention and intervention activities in addition to
any individuals so employed by the applicant on the date of the
enactment of the Drug-Free Schools and Communities Act Amendments
of 1989;
"(O) provide assurances that the applicant will maintain and
make available for distribution a list of local resources for
substance abuse counseling and treatment;
"(P) provide assurances that the applicant has reviewed
curricula that it intends to use and that such curricula will meet
the needs of the schools served by the applicant;
"(Q) describe the training that will be provided for teachers
and other personnel who are involved in the implementation of
programs to be carried out by the applicant under this part;
and"; and
(2) by amending paragraph (1) of subsection (b) to read as
follows:
"(1) Each applicant shall annually submit to the State educational
agency a progress report on the implementation of its plan. The
progress report shall include --
"(A) the applicant's significant accomplishments under the plan
during the preceding year;
"(B) the extent to which the original objectives of the plan
are being achieved;
"(C) a discussion of the method used by the applicant to
evaluate the effectiveness of its drug education program carried
out under its plan; and
"(D) the results of the evaluation described in subparagraph
(C).".
SEC. 10. REPORTS.
Subsection (a) of section 5127 of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3197) is amended in paragraph (3) --
(1) by striking "and" at the end of subparagraph (F);
(2) by striking the period at the end of subpragraph (G) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(H) an evaluation of the effectiveness of State and local drug
and alcohol abuse education and prevention programs.".
SEC. 11. TRAINING OF TEACHERS, COUNSELORS, AND SCHOOL PERSONNEL.
(a) AMENDMENT TO PART HEADING. -- The heading for part C of the
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3198 et seq.)
is amended to read as follows:
(b) PROGRAM AND ALLOCATIONS. -- Subsection (b) of section 5128 of
the Drug-Free Schools and Communities Act "20 USC 3201" of 1986 (20
U.S.C. 3198) is amended by striking "educational personnel" in the first
sentence and inserting "school personnel".
SEC. 12. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.
(a) IN GENERAL. -- Section 5131 of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3211) is amended --
(1) in paragraph (4) of subsection (a), by striking "subsection
(d)" and inserting "subsection (c)";
(2) by striking subsection (b) and redesignating subsections
(c) and (d) as subsections (b) and (c), respectively; and
(3) by striking subsection (e).
(b) TRANSITION PROVISION. -- Any amounts appropriated for the fiscal
year 1990 and for any subsequent fiscal year for the purpose of making
training grants under section 5131(b) of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3211) "20 USC 3211 note" as such
section existed on the day before the date of the enactment of this Act
shall be used by the Secretary of Education for the purpose of making
grants under section 5128 of the Drug-Free Schools and Communities Act
of 1986 (20 U.S.C. 3198).
SEC. 13. FEDERAL ACTIVITIES.
Subsection (b) of section 5132 of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3212) is amended --
(1) by striking "and" at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting "; and"; and
(3) by adding at the end the following new paragraphs:
"(6) use private nonprofit organizations to develop innovative
strategies to communicate antidrug abuse messages to youths and to
eliminate drug abuse from the communities of the Nation; and
"(7) as necessary, evaluate programs assisted under this
title.".
SEC. 14. EMERGENCY GRANTS.
Part D of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3211 et seq.) is amended by adding at the end the following new
section:
"SEC. 5136. "20 USC 3216" EMERGENCY GRANTS.
"(a) PROGRAM AUTHORIZED. -- Except as provided under subsection (d),
the Secretary, in consultation with the Attorney General and the
Secretary of Health and Human Services, shall make grants to eligible
local educational agencies that demonstrate significant need for
additional assistance for purposes of combating drug and alcohol abuse
by students served by such agencies.
"(b) ELIGIBLE AGENCIES. -- A local educational agency shall be
eligible to receive a grant under this section if such agency --
"(1) receives assistance under section 1006 or meets the
criteria of clauses (i) and (ii) of section 1006(a)(1)(A); and
"(2) serves an area --
"(A) in which there is a large number or a high percentage of
--
"(i) arrests for, or while under the influence of, drugs or
alcohol; or
"(ii) convictions of youths for drug or alcohol-related crimes;
"(B) in which there is a large number or high percentage of
referrals of youths to drug and alcohol abuse treatment and
rehabilitation programs; and
"(C) that has a significant drug and alcohol abuse problem, as
indicated by other appropriate data.
"(c) AMOUNT OF GRANTS. -- Each grant awarded under this section
shall be in an amount that is not less than $100,000 and not more than
$1,000,000.
"(d) FISCAL YEAR 1990. -- For fiscal year 1990, funds available for
the purposes of this section shall be allocated to the chief executive
officer of each State for distribution through State educational
agencies to local educational agencies.".
SEC. 15. "20 USC 3217" DRUG-FREE SCHOOL ZONES DEMONSTRATION PROGRAM.
Part D of the Drug-Free Schools and Communities Act (20 U.S.C. 3211
et seq.) is amended by adding after section 5136 (as added by section
14) the following new section:
"SEC. 5137. DRUG-FREE SCHOOL ZONES DEMONSTRATION PROGRAM.
"(a) ESTABLISHMENT OF DEMONSTRATION PROGRAM FOR DRUG-FREE SCHOOL
ZONES. -- The Secretary of Education is authorized to establish a
demonstration program to establish and maintain drug-free school zones.
In carrying out the demonstration program under this section, the
Secretary shall make grants to local educational agencies, intermediate
educational agencies, and consortia.
"(b) EVALUATIONS. -- The Secretary shall evaluate programs under
this section.
"(c) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated $2,000,000 to carry out the purposes of this section.
Funds appropriated under this section are authorized to remain available
until expended.".
SEC. 16. DEFINITIONS.
Section 5141 of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3221) is amended --
(1) in paragraph (1), by inserting before the period the
following: ", including anabolic steroids";
(2) in paragraph (2), by inserting before the period the
following: ", including anabolic steroids"; and
(3) by adding at the end the following new paragraph:
"(10) The term 'school personnel' includes teachers,
administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff who are
employed by a school or who perform services for the school on a
contractual basis.".
SEC. 17. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE
NONPROFIT ELEMENTARY AND SECONDARY SCHOOLS.
Subsection (c) "20 USC 3223" of section 5143 of the Drug-Free Schools
and Communities Act of 1986 (20 U.S.C. 3233) is amended --
(1) by striking "WAIVER;";
(2) by inserting after "SECRETARY" the following: "AND STATE
EDUCATIONAL AGENCIES";
(3) by inserting "(1)" before "If by reason"; and
(4) by adding at the end the following new paragraph:
"(2) If a State educational agency determines that a local
educational agency, intermediate educational agency, or consortium, as
appropriate, is failing to provide for the equitable participation of
children or teachers from private nonprofit elementary or secondary
schools in accordance with subsection (a) or (b), the State educational
agency shall waive the requirements of such subsection with respect to
such local educational agency, intermediate eductional agency, or
consortium and make appropriate arrangements for the equitable
participation of such children or teachers.".
SEC. 18. NATIONAL DIFFUSION NETWORK.
Part D of the Drug-Free Schools and Communities Act of 1986 (20
U.S.C. 3221 et seq.) is amended by adding at the end the following new
section:
"SEC. 5146. "20 USC 3224b" DISSEMINATION OF INFORMATION AND
TECHNICAL ASSISTANCE.
"(a) DISSEMINATION OF INFORMATION AND TECHNICAL ASSISTANCE. -- The
Secretary, through the National Diffusion Network established under
section 1562, shall disseminate information and technical assistance
with respect to drug abuse education and prevention programs of
demonstrated effectiveness.
"(b) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out this section, $500,000 for fiscal year 1991.".
SEC. 19. DEVELOPMENT OF EARLY CHILDHOOD EDUCATION DRUG ABUSE
PREVENTION MATERIALS.
(a) AMENDMENT TO PART HEADING. -- The heading for part F of the
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3227) is
amended to read as follows:
(b) PROGRAM AUTHORIZED. -- Subsection (a) of section 5151 of the
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3227) is
amended --
(1) by striking "and such other" and inserting "such other";
and
(2) by inserting before the period the following: ", and to
parents of children participating in such programs".
SEC. 20. LEADERSHIP IN EDUCATIONAL ADMINISTRATION DEVELOPMENT.
Section 541(b) of the Higher Education Act of 1965 (20 U.S.C.
1109(b)) is amended --
(1) by striking "and" at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(6) developing skills and techniques for administering drug
prevention and education programs.".
SEC. 21. EMERGENCY GRANTS FOR CHILD ABUSE PREVENTION SERVICES FOR
CHILDREN WHOSE PARENTS ARE SUBSTANCE ABUSERS.
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et
seq.), as amended by the Child Abuse Prevention Challenge Grants
Reauthorization Act of 1989 (Public Law 101-126), is amended by adding
after section 107 the following new section:
"SEC. 107A. "42 USC 5106a-1" EMERGENCY CHILD ABUSE PREVENTION
SERVICES GRANT.
"(a) ESTABLISHMENT. -- The Secretary shall establish a program to
make grants to eligible entities to enable such entities to provide
services to children whose parents are substance abusers.
"(b) ELIGIBLE ENTITIES. -- Entities eligible to receive a grant
under this section shall be --
"(1) State and local agencies that are responsible for
administering child abuse or related child abuse intervention
services; and
"(2) community and mental health agencies and nonprofit
youth-serving organizations with experience in providing child
abuse prevention services.
"(c) APPLICATION. --
"(1) IN GENERAL. -- To be eligible to receive a grant under
this section, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may by regulation require.
"(2) ASSURANCE OF USE. -- An application submitted under
paragraph (1) shall --
"(A) contain an assurance that the applicant operates in a
geographic area where child abuse has placed substantial strains
on State and local agencies and has resulted in substantial
increases in the need for services that cannot be met without
funds available under this subsection;
"(B) identify the responsible agency or agencies that will be
involved in the use of funds provided under this section;
"(C) contain a description of emergency situations with regard
to children of substance abusers who need services of the type
described in this section;
"(D) contain a plan for improving the delivery of such services
to such children;
"(E) contain assurances that such services will be provided in
a comprehensive multi-disciplinary and coordinated manner; and
"(F) contain any additional information as the Secretary may
reasonably require.
"(d) USE OF FUNDS. -- Funds received by an entity under this section
shall be used to improve the delivery of services to children whose
parents are substance abusers. Such services may include --
"(1) the hiring of additional personnel by the entity to reduce
caseloads;
"(2) the provision of additional training for personnel to
improve their ability to provide emergency child abuse prevention
services related to substance abuse by the parents of such
children;
"(3) the provision of expanded services to deal with family
crises created by substance abuse; and
"(4) the establishment or improvement of coordination between
the agency administering the grant, and --
"(A) child advocates;
"(B) public educational institutions;
"(C) community-based organizations that serve substance abusing
parents, including pregnant and post-partum females and their
infants; and
"(D) parents and representatives of parent groups and related
agencies.
"(e) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out this section, $40,000,000 for fiscal year
1990, and such sums as may be necessary for each of the subsequent
fiscal years 1991, 1992, and 1993.".
SEC. 22. DRUG-FREE SCHOOLS AND CAMPUSES.
(a) IN GENERAL. --
(1) CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION PROGRAM.
-- Title XII of the Higher Eduction Act of 1965 (20 U.S.C. 1001
et seq.) is amended by adding at the end a new section 1213 to
read as follows:
"SEC. 1213. "20 USC 1145g" (a) Notwithstanding any other provision
of law, no institution of higher eduction shall be eligible to receive
funds or any other form of financial assistance under any Federal
program, including participation in any federally funded or guaranteed
student loan program, unless it certifies to the Secretary that it has
adopted and has implemented a program to prevent the use of illicit
drugs and the abuse of alcohol by students and employees that, at a
minimum, includes --
"(1) the annual distribution to each student and employee of --
"(A) standards of conduct that clearly prohibit, at a minimum,
the unlawful possession, use, or distribution of illicit drugs and
alcohol by students and employees on its property or as part of
any of its activities;
"(B) a description of the applicable legal sanctions under
local, State, or Federal law for the unlawful possession or
distribution of illicit drugs and alcohol;
"(C) a description of the health risks associated with the use
of illicit drugs and the abuse of alcohol;
"(D) a description of any drug or alcohol counseling,
treatment, or rehabilitation or re-entry programs that are
available to employees or students; and
"(E) a clear statement that the institution will impose
sanctions on students and employees (consistent with local, State,
and Federal law), and a description of those sanctions, up to and
including expulsion or termination of employment and referral for
prosecution, for violations of the standards of conduct required
by paragraph (1)(A); and
"(2) a biennial review by the institution of its program to --
"(A) determine its effectiveness and implement changes to the
program if they are needed; and
"(B) ensure that the sanctions required by paragraph (1)(E) are
consistently enforced.
"(b) Each institution of higher education that provides the
certification required by subsection (a) shall, upon request, make
available to the Secretary and to the public a copy of each item
required by subsection (a)(1) as well as the results of the biennial
review required by subsection (a)(2).
"(c)(1) The Secretary shall publish regulations to implement and
enforce the provisions of this section, including regulations that
provide for --
"(A) the periodic review of a representative sample of programs
required by subsection (a); and
"(B) a range of responses and sanctions for institutions of
higher education that fail to implement their programs or to
consistently enforce their sanctions, including information and
technical assistance, the development of a compliance agreement,
and the termination of any form of Federal financial assistance.
"(2) The sanctions required by subsection (a)(1)(E) may include the
completion of an appropriate rehabilitation program.
"(d) Upon determination by the Secretary to terminate financial
assistance to any institution of higher education under this section,
the institution may file an appeal with an administrative law judge
before the expiration of the 30-day period beginning on the date such
institution is notified of the decision to terminate financial
assistance under this section. Such judge shall hold a hearing with
respect to such termination of assistance before the expiration of the
45-day period beginning on the date that such appeal is filed. Such
judge may extend such 45-day period upon a motion by the institution
concerned. The decision of the judge with respect to such termination
shall be considered to be a final agency action.".
(2) EFFECTIVE DATE. -- (A) Except as provided in subparagraph
(B), "20 USC 1145g note" the amendment made by paragraph (1) shall
take effect on October 1, 1990.
(B) The Secretary of Education may allow any institution of
higher education until not later than April 1, 1991, to comply
with section 1213 of the Higher Education Act of 1965 (as added by
paragraph (1)) if such institution demonstrates --
(i) that it is in the process of developing and implementing
its plan under such section; and
(ii) it has a legitimate need for more time to develop and
implement such plan.
(b) AMENDMENTS TO DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1986. --
(1) IN GENERAL. -- Part D of the Drug-Free Schools and
Communities Act of 1986 (20 U.S.C. 3171 et seq.) is amended by
adding after section 5144 the following new section:
"SEC. 5145. "20 USC 3224a" CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
"(a) IN GENERAL. -- Notwithstanding any other provision of law other
than section 432 of the General Education Provisions Act and section
103(b) of the Department of Education Organization Act, no local
educational agency shall be eligible to receive funds or any other form
of financial assistance under any Federal program unless it certifies to
the State educational agency that it has adopted and has implemented a
program to prevent the use of illicit drugs and alcohol by students or
employees that, at a minimum, includes --
"(1) age-appropriate, developmentally based drug and alcohol
education and prevention programs (which address the legal,
social, and health consequences of drug and alcohol use and which
provide information about effective techniques for resisting peer
pressure to use illicit drugs or alcohol) for students in all
grades of the schools operated or served by the applicant, from
early childhood level through grade 12;
"(2) conveying to students that the use of illicit drugs and
the unlawful possession and use of alcohol is wrong and harmful;
"(3) standards of conduct that are applicable to students and
employees in all the applicant's schools and that clearly
prohibit, at a minimum, the unlawful possession, use, or
distribution of illicit drugs and alcohol by students and
employees on school premises or as part of any of its activities;
"(4) a clear statement that sanctions (consistent with local,
State, and Federal law), up to and including expulsion or
termination of employment and referral for prosecution, will be
imposed on students and employees who violate the standards of
conduct required by paragraph (3) and a description of those
sanctions;
"(5) information about any available drug and alcohol
counseling and rehabilitation and re-entry programs that are
available to students and employees;
"(6) a requirement that parents, students, and employees be
given a copy of the standards of conduct required by paragraph (3)
and the statement of sanctions required by paragraph (4);
"(7) notifying parents, students, and employees that compliance
with the standards of conduct required by paragraph (3) is
mandatory; and
"(8) a biennial review by the applicant of its program to --
"(A) determine its effectiveness and implement changes to the
program if they are needed; and
"(B) ensure that the sanctions required by paragraph (4) are
consistently enforced.
"(b) DISSEMINATION OF INFORMATION. -- Each local educational agency
that provides the certification required by subsection (a) shall, upon
request, make available to the Secretary, the State educational agency,
and to the public full information about the elements of its program
required by subsection (a), including the results of its biennial
review.
"(c) CERTIFICATION TO SECRETARY. -- Each State educational agency
shall certify to the Secretary that it has adopted and has implemented a
program to prevent the use of illicit drugs and the abuse of alcohol by
its students and employees that is consistent with the program required
by subsection (a) of this section. The State educational agency shall,
upon request, make available to the Secretary and to the public full
information about the elements of its program.
"(d) REGULATIONS. -- (1) The Secretary shall publish regulations to
implement and enforce the provisions of this section, including
regulations that provide for --
"(A) the periodic review by State educational agencies of a
representative sample of programs required by subsection (a); and
"(B) a range of responses and sanctions for local educational
agencies that fail to implement their programs or to consistently
enforce their sanctions, including information and technical
assistance, the development of a compliance agreement, and the
termination of any form of Federal financial assistance.
"(2) The sanctions required by subsection (a)(1)(4) may include the
completion of an appropriate rehabilitation program.
"(e) Upon a determination by the Secretary to terminate financial
assistance to any local educational agency under this section, the
agency may file an appeal with an administrative law judge before the
expiration of the 30-day period beginning on the date such agency is
notified of the decision to terminate financial assistance under this
section. Such judge shall hold a hearing with respect to such
termination of assistance before the expiration of the 45-day period
beginning on the date that such appeal is filed. Such judge may extend
such 45-day period upon a motion by the agency concerned. The decision
of the judge with respect to such termination shall be considered to be
a final agency action.".
(2) CONFORMING AMENDMENTS. -- Paragraph (2) of section 5126(e)
of the Drug-Free Schools and Communities Act of 1986 (20 U.S.C.
3196(c)) (as amended by section 9 of this Act) is amended --
(A) by striking subparagraphs (E), (F), and (G); and
(B) by redesignating subparagraphs (H) through (R) as
subparagraphs (E) through (O), respectively.
(3) EFFECTIVE DATE. -- (A) Except as provided in subparagraph
(B), the amendments made by paragraphs (1) and (2) "20 USC 3224a
note" shall take effect on October 1, 1990.
(B) The Secretary of Education may allow any local educational
agency until not later than April 1, 1991, to comply with section
5145 of the Drug-Free Schools and Communities Act of 1986 (as
added by paragraph (1)) if such agency demonstrates --
(i) that it is in the process of developing and implementing
its plan under such section; and
(ii) it has a legitimate need for more time to develop and
implement such plan.
SEC. 23. BEFORE AND AFTER SCHOOL PROGRAMS FOR UNSUPERVISED CHILDREN.
Section 3521(d) of the National Narcotics Leadership Act "42 USC
11841" of 1988 is amended by --
(1) redesignating paragraph (8) as paragraph (9);
(2) striking "and" at the end of paragraph (7); and
(3) inserting after paragraph (7) the following new paragraph:
"(8) programs for unsupervised children before and after
school, including --
"(A) education and instruction consistent with the Drug-Free
Schools and Communities Act of 1986;
"(B) athletic activities;
"(C) creative activities; and
"(D) other programs designed to reduce the risk of drug abuse;
and".
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 3614:
HOUSE REPORTS: No. 101-384 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 13, considered and
passed House. Nov. 15, considered and passed Senate, amended. Nov. 21,
House and Senate agreed to conference report.
Public Law 101-225, 103 Stat. 1908
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 "Coast Guard Authorization Act of 1989".
SEC. 101. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1990.
Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for fiscal year 1990, as follows:
(1) OPERATION AND MAINTENANCE. -- For the operation and
maintenance of the Coast Guard, $2,312,200,000.
(2) ACQUISITION AND CONSTRUCTION. -- For the acquisition,
construction, rebuilding, and improvement of aids to navigation,
shore and offshore facilities, vessels, and aircraft, including
related equipment, $746,300,000 of which up to $20,000,000 shall
be used to rehabilitate the Coast Guard Cutter Mackinaw, and
additional sums as may be necessary to carry out the Coast Guard
icebreaker ship program and the Coast Guard patrol boat program,
to remain available until expended.
(3) RESEARCH AND DEVELOPMENT. -- For research, development,
test, and evaluation, $29,000,000, to remain available until
expended.
(4) RETIREMENT BENEFITS. -- For retired pay (including the
payment of obligations otherwise chargeable to lapsed
appropriations for this purpose), payments under the Retired
Serviceman's Family Protection and Survivor Benefit Plans, and
payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$420,800,000, to remain available until expended.
(5) ALTERATION OR REMOVAL OF BRIDGES. -- For alteration or
removal of bridges over navigable waters of the United States
constituting obstructions to navigation, $2,300,000.
SEC. 102. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1991.
Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for fiscal year 1991, as follows:
(1) OPERATION AND MAINTENANCE. -- For the operation and
maintenance of the Coast Guard, $2,381,500,000.
(2) ACQUISITION AND CONSTRUCTION. -- For the acquisition,
construction, rebuilding, and improvement of aids to navigation,
shore and offshore facilities, vessels, and aircraft, including
related equipment, $501,800,000, to remain available until
expended.
(3) RESEARCH AND DEVELOPMENT. -- For research, development,
test, and evaluation, $29,000,000, to remain available until
expended.
(4) RETIREMENT BENEFITS. -- For retired pay, including the
payment of obligations otherwise chargeable to lapsed
appropriations for this purpose and payments under the Retired
Serviceman's Family Protection and Survivor Benefit Plans, and for
payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$451,200,000, to remain available until expended.
(5) ALTERATION OR REMOVAL OF BRIDGES. -- For alteration or
removal of bridges over navigable waters of the United States
constituting obstructions to navigation, $7,500,000.
SEC. 103. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY
TRAINING FOR FISCAL YEAR 1990.
(a) ACTIVE DUTY PERSONNEL. -- As of September 30, 1990, the Coast
Guard is authorized an end-of-year strength for active duty personnel of
38,750. This authorized strength does not include members of the Ready
Reserve called to active duty under section 712 of title 14, United
States Code.
(b) STUDENT LOADS. -- For fiscal year 1990, the Coast Guard is
authorized average military training student loads as follows:
(1) RECRUIT AND SPECIAL TRAINING. -- For recruit and special
training, 2,687 student years.
(2) FLIGHT TRAINING. -- For flight training, 110 student
years.
(3) PROFESSIONAL TRAINING. -- For professional training in
military and civilian institutions, 390 student years.
(4) OFFICER ACQUISITION. -- For officer acquisition, 900
student years.
SEC. 104. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY
TRAINING FOR FISCAL YEAR 1991.
(a) ACTIVE DUTY PERSONNEL. -- As of September 30, 1991, the Coast
Guard is authorized an end-of-year strength for active duty personnel of
39,300. This authorized strength does not include members of the Ready
Reserve called to active duty under section 712 of title 14, United
States Code.
(b) STUDENT LOADS. -- For fiscal year 1991, the Coast Guard is
authorized average military training student loads as follows:
(1) RECRUIT AND SPECIAL TRAINING. -- For recruit and special
training, 2,787 student years.
(2) FLIGHT TRAINING. -- For flight training, 110 student
years.
(3) PROFESSIONAL TRAINING. -- For professional training in
military and civilian institutions, 390 student years.
(4) OFFICER ACQUISITION. -- For officer acquisition, 900
student years.
SEC. 105. MODIFICATION AND EXTENSION OF RULES OF ROAD ADVISORY
COUNCIL AND EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE.
(a) RULES OF THE ROAD ADVISORY COUNCIL. --
(1) MODIFICATION AND EXTENSION. -- Section 5 of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended as
follows:
(A) Subsection (a) is amended by striking "Rules of the Road
Advisory Council" and inserting "Navigation Safety Advisory
Council".
(B) Subsection (b) is amended to read as follows:
"(b) The Council shall advise, consult with, and make recommendations
to the Secretary on matters relating to the prevention of collisions,
rammings, and groundings, including the Inland Rules of the Road, the
International Rules of the Road, navigation regulations and equipment,
routing measures, marine information, diving safety, and aids to
navigation systems. Any advice or recommendation made by the Council to
the Secretary shall reflect the independent judgment of the Council on
the matter concerned. The Council shall meet at the call of the
Secretary, but in any event not less than twice during each calendar
year. All proceedings of the Council shall be public, and a record of
the proceedings shall be made available for public inspection.".
(C) Subsection (d) is amended by striking "September 30, 1990"
and inserting "September 30, 1995".
(2) "33 USC 2073 note" REFERENCES. -- Each reference to the
Rules of the Road Advisory Council in a law, regulation, order,
document, record, or paper of the United States is deemed to be a
reference to the Navigation Safety Advisory Council.
(b) TOWING SAFETY COMMITTEE. -- Subsection (e) of the Act entitled
"An Act to establish a Towing Safety Advisory Committee in the
Department of Transportation", approved October 6, 1980 (33 U.S.C.
2131a(e)), "33 USC 1231a" is amended by striking "September 30, 1990"
and inserting "September 30, 1995".
SEC. 106. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE
APPOINTMENTS.
Section 4508 of title 46, United States Code, is amended by adding at
the end of subsection (b)(2) the following: "The Secretary may not seek
or use information concerning the political affiliation of individuals
in making appointments to the Committee."
SEC. 201. TECHNICAL AMENDMENTS TO ACT TO PREVENT POLLUTION FROM
SHIPS.
The Act to Prevent Pollution from Ships (33 U.S.C. 1901-1912) is
amended --
(1) in section 6(c)(1), "33 USC 1905" by striking "Annex V" and
inserting "Annex I and Annex II";
(2) in section 8(c)(1), "33 USC 1907" by inserting "or of this
Act" after "Convention"; and
(3) in section 8(e)(2), by inserting "or of this Act" after
"MARPOL Protocol".
SEC. 202. TECHNICAL CORRECTIONS RELATING TO SAFEGUARDING MILITARY
WHISTLEBLOWERS.
Section 1034 of title 10, United States Code, is amended --
(1) in subsection (c)(1), by inserting "when the Coast Guard is
not operating as a service in the Navy" immediately after "in the
case of a member of the Coast Guard";
(2) in subsection (c)(5), by inserting "(or to the Secretary of
Transportation in the case of a member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy)"
immediately after "to the Secretary of Defense";
(3) in subsection (c)(6), by inserting "(or to the Secretary of
Transportation in the case of a member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy)"
immediately after "to the Secretary of Defense"; and
(4) in the first sentence of subsection (e), by inserting
"(except for a member or former member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy)"
immediately after "former member of the armed forces".
SEC. 203. MISCELLANEOUS PROVISIONS CONCERNING CONTINUITY OF GRADE,
APPOINTMENT, AND RETIREMENT OF COAST GUARD PERSONNEL.
Title 14, United States Code, is amended --
(1) in section 52, by inserting "or admiral" immediately after
"to another position as a vice admiral";
(2) in section 271(e), by inserting at the end of the first
sentence, "except that advice and consent is not required for
appointments under this section in the grade of lieutenant (junior
grade) or lieutenant" immediately after "consent of the Senate";
(3) in section 289(c), by striking "no less than 75 percent"
and inserting "no less than 50 percent";
(4) in section 736(c), by adding at the end of the following
new sentence: "However, the Secretary may adjust the date of
appointment --
"(1) if a delay in the finding required under section 734(a) of
this title is beyond the control of the officer and the officer is
otherwise qualified for promotion; or
"(2) for any other reason that equity requires."; and
(5) in section 741(a), by inserting "who have 18 years or more
of service for retirement and are" after "in an active status" the
third time it appears.
SEC. 204. "14 USC 92 note" AUTHORIZATION OF JUNIOR RESERVE OFFICERS
TRAINING PROGRAM PILOT PROGRAM.
(a) IN GENERAL. -- The Secretary of the department in which the
Coast Guard is operating (hereinafter in this section referred to as the
"Secretary") may carry out a pilot program to establish and maintain a
junior reserve officers training program in cooperation with the Dade
County Public School System of Dade County, Florida, as part of the
Maritime and Science Technology Academy established by that school
system (hereinafter in this section referred to as the "Academy").
(b) PROGRAM REQUIREMENTS. -- A pilot program carried out by the
Secretary under this section --
(1) shall be known as the "Claude Pepper Junior Reserve
Officers Training Program", and
(2) shall provide to students at the Academy --
(A) instruction in subject areas relating to operations of the
Coast Guard; and
(B) training in skills which are useful and appropriate for a
career in the Coast Guard.
(c) PROVISION OF ADDITIONAL SUPPORT. -- To carry out a pilot program
under this section, the Secretary may provide to the Academy --
(1) assistance in course development, instruction, and other
support activities;
(2) commissioned, warrant, and petty officers of the Coast
Guard to serve as administrators and instructors; and
(3) necessary and appropriate course materials, equipment, and
uniforms.
(d) EMPLOYMENT OF RETIRED COAST GUARD PERSONNEL. --
(1) IN GENERAL. -- Subject to paragraph (2) of this
subsection, the Secretary may authorize the Academy to employ as
administrators and instructors for the pilot program retired Coast
Guard and Coast Guard Reserve commissioned, warrant, and petty
officers who request that employment and who are approved by the
Secretary and the Academy.
(2) AUTHORIZED PAY. -- (A) Retired members employed under
paragraph (1) of this subsection are entitled to receive their
retired or retainer pay and an additional amount of not more than
the difference between --
(i) the amount the individual would be paid as pay and
allowance if they were considered to have been ordered to active
duty during that period of employment; and
(ii) the amount of retired pay the individual is entitled to
receive during that period.
(B) The Secretary shall pay to the Academy an amount equal to
one half of the amount described in subparagraph (A) of this
paragraph, from funds appropriated for that purpose.
(C) Notwithstanding any other law, while employed under this
subsection, an individual is not considered to be on active duty
or inactive duty training.
SEC. 205. "10 USC 2304 note" LIMITATIONS ON CONTRACTING OF COAST
GUARD SERVICES.
Notwithstanding any other provision of law, an officer or employee of
the United States may not enter into a contract for procurement of
performance of any function being performed by Coast Guard personnel as
of January 1, 1989, before --
(1) a study has been performed by the Secretary of
Transportation under the Office of Management and Budget Circular
A-76 with respect to that procurement;
(2) the Secretary of Transportation has performed a study, in
addition to the study required by paragraph (1) of this
subsection, to determine the impact of that procurement on the
multimission capabilities of the Coast Guard; and
(3) copies of the studies required by paragraphs (1) and (2) of
this subsection are submitted to the Committee on Merchant Marine
and Fisheries of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 206. LOCAL HIRE.
(a) IN GENERAL. -- Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
"Section 666. Local hire
"(a) Notwithstanding any other law, each contract awarded by the
Coast Guard for construction or services to be performed in whole or in
part in a State that has an unemployment rate in excess of the national
average rate of unemployment (as determined by the Secretary of Labor)
shall include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in that State,
individuals who are local residents and who, in the case of any craft or
trade, possess or would be able to acquire promptly the necessary
skills. The Secretary of Transportation may waive the requirements of
this subsection in the interest of national security or economic
efficiency.
"(b) LOCAL RESIDENT DEFINED. -- As used in this section, 'local
resident' means a resident of, or an individual who commutes daily to, a
State described in subsection (a).".
(b) CLERICAL AMENDMENT. -- The analysis for chapter 17 of title 14,
United States Code, is amended by adding at the end the following:
"666. Local hire.".
SEC. 207. REPORT ON CONTROL OF EXOTIC SPECIES.
(a) IN GENERAL. -- Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the Congress a report on the options available to control the
infestation of the waters of the United States, including the Great
Lakes, by exotic species from the ballast water of vessels operating on
the waters of the United States. In preparing this report, the
Secretary shall consult with the Secretary of the Interior, the
Secretary of Commerce, the Great Lakes Fishery Commission, and other
appropriate parties.
(b) EXOTIC SPECIES DEFINED. -- In this section "exotic species"
means nonnative fish, mollusks, crustaceans, zooplankton, and other
aquatic organisms, other than sea lampreys.
SEC. 208. LAW ENFORCEMENT SURVEILLANCE.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of Transportation shall --
(1) submit a report to the Congress that identifies --
(A) the needs for outfitting existing Coast Guard aircraft with
surveillance and reconnaissance equipment to assist in the conduct
of law enforcement activities; and
(B) the cost of that equipment; and
(2) in cooperation with the Secretary of Defense, establish and
submit to the Congress a plan for closing existing gaps in radar
coverage along the coastline of the United States on the Gulf of
Mexico and the coastline of the southeastern United States on the
Atlantic Ocean.
SEC. 209. NUMBERING OF VESSELS.
Section 2101 of title 46, United States Code, is amended by inserting
after paragraph (17) the following:
"(17a) 'numbered vessel' means a vessel for which a number has
been issued under chapter 123 of this title.".
SEC. 210. CONSTRUCTIVE SEIZURE PROCEDURES.
Not later than 6 months after the date of enactment of this Act, "21
USC 881 note" the Secretary of Transportation and the Secretary of the
Treasury, in order to avoid the devastating economic effects on innocent
owners of seizures of their vessels, shall develop a procedure for
constructive seizure of vessels of the United States engaged in
commercial service as defined in section 2101 of title 46, United States
Code, that are suspected of being used for committing violations of law
involving personal use quantities of controlled substances.
SEC. 211. USER FEES REPORT CLARIFICATION.
Section 664(c) of title 14, United States Code, is amended as
follows:
(1) in paragraph (1) by striking "collected stating -- " and
substituting "collected under any law stating -- "; and
(2) in paragraph (2) by inserting "under any law" after
"collected" the first time it appears.
SEC. 212. "10 USC 1552 note" BOARD FOR THE CORRECTION OF MILITARY
RECORDS.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of Transportation shall --
(1) amend part 52 of title 33, Code of Federal Regulations,
governing the proceedings of the board established by the
Secretary under section 1552 of title 10, United States Code, to
ensure that a complete application for correction of military
records is processed expeditiously and that final action on the
application is taken within 10 months of its receipt; and
(2) appoint and maintain a permanent staff, and a panel of
civilian officers or employees to serve as members of the board,
which are adequate to ensure compliance with paragraph (1) of this
subsection.
SEC. 213. "14 USC 92 note" CONSIDERATION OF MARITIME ADMINISTRATION
VESSELS.
Before acquiring a vessel for use by the Coast Guard, the Secretary
of Transportation or the Commandant of the Coast Guard, as appropriate,
shall review the inventory of vessels acquired by the Secretary or the
Secretary of Commerce as the result of a default under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271-1279c), to determine
whether any of those vessels are suitable for use by the Coast Guard.
SEC. 214. REQUIREMENT TO REPORT SEXUAL OFFENSES.
(a) IN GENERAL. -- Chapter 101 of title 46, United States Code is
amended by:
(1) deleting section 10104; and
(2) adding the following new section:
"Section 10104. Requirement to report sexual offenses
"(a) A master or other individual in charge of a documented vessel
shall report to the Secretary a complaint of a sexual offense prohibited
under chapter 109A of title 18, United States Code.
"(b) A master or other individual in charge of a documented vessel
who knowingly fails to report in compliance with this section is liable
to the United States Government for a civil penalty of not more than
$5,000.".
(b) CLERICAL AMENDMENT. -- The analysis for chapter 101 of title 46,
United States Code, is amended by striking, "10104. Regulations." and
inserting "10104. Requirement to report sexual offenses.".
SEC. 215. LIMITATION ON VESSEL TRANSFER FROM GULFPORT, MISSISSIPPI.
The Secretary of Transportation shall not transfer the Coast Guard
cutter ACUSHNET from Gulfport, Mississippi, until at least two Coast
Guard patrol boats are based permanently in Gulfport.
SEC. 216. "10 USC 2687 note" CONSIDERATION OF DEPARTMENT OF DEFENSE
HOUSING FOR COAST GUARD.
Notwithstanding any other provision of law, the Coast Guard is deemed
to be an instrumentality within the Department of Defense for the
purposes of section 204(b) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687).
SEC. 217. PROHIBITION AGAINST REDUCTION IN SERVICES.
The Secretary of Transportation may not reduce expenditures in fiscal
year 1990 or fiscal year 1991 for Coast Guard services other than drug
law enforcement to increase drug law enforcement unless the Secretary
first notifies the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives 30 days prior to any reduction, except that
nothing in this section shall be construed to reduce the Coast Guard's
ability to respond to interdiction opportunities that may arise in the
course of normal activities.
SEC. 218. COST OF SECURITY AT KENNEBUNKPORT, MAINE.
Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall --
(1) submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives that identifies the
costs incurred by the Coast Guard and any reallocation of assets
or personnel that would have been used for search and rescue of
law enforcement operations, as a result of providing security at
Kennebunkport, Maine; and
(2) actively seek reimbursement of those costs from the
Secretary of Treasury.
SEC. 219. VESSEL TRAFFIC SERVICE RESTORATION.
The Secretary of the department in which the Coast Guard is operating
shall reestablish a vessel traffic service on the Lower Mississippi
River in New Orleans, and shall continue operation of the New York
Harbor area and other existing vessel traffic service systems.
SEC. 220. SEARCH AND RESCUE SATELLITE SYSTEM.
(a)(1) The Secretary of Transportation shall take such action as may
be necessary to upgrade the ground segment of the Search and Rescue
Satellite Aided Tracking system (hereafter in this section referred to
as "SARSAT").
(2) In carrying out this section, the Secretary of Transportation
shall establish not less than 5 SARSAT ground stations for the purpose
of providing adequate coverage of the United States area of search and
rescue for which it has responsibility under the program known as
"COSPAS-SARSAT". In establishing such stations, the Secretary, after
consultation with the satellite search and rescue offices of the Coast
Guard, the National Oceanic and Atmospheric Administration, the Air
Force, the National Aeronautics and Space Administration, and the SARSAT
Program Steering Group, shall locate the stations in the most optimum
sites to assure complete coverage of the search and rescue areas for
which the United States is responsible.
(b) The Secretary of Commerce, acting through the National Oceanic
and Atmospheric Administration, shall administer the SARSAT ground
stations. Such administration shall be carried out in consultation with
the Secretary of Transportation and the Secretary of Defense.
(c) For the purpose of carrying out the provisions of subsection (a)
of this section, there is authorized to be appropriated $5,300,000.
Moneys appropriated pursuant to this subsection shall remain available
until expended.
SEC. 221. BOSTON LIGHT STATION.
(a) The Congress finds and declares the following:
(1) The Boston Light Station (hereafter in this section
referred to as the "Boston Light") on Little Brewster Island,
Boston Harbor, Massachusetts, is the Nation's oldest lighthouse
station.
(2) The Boston Light is a National Historic Landmark and Little
Brewster Island is listed in the National Register of Historic
Places. As such, they should be administered and maintained in a
way that preserves for public enjoyment and appreciation their
special historic character.
(3) Continued manned operation of the Boston Light will
preserve its special historic character. Any proposal to automate
or modernize Boston Light must be consistent with the provisions
of sections 106 and 110 of the National Historic Preservation Act
(16 U.S.C. 470f and 470h-2).
(4) Efforts should be undertaken that will facilitate public
access to, and enhance the public enjoyment and appreciation of,
the Boston Light and Little Brewster Island.
(b) The Boston Light shall be operated on a permanently manned basis.
The amounts authorized to be appropriated under sections 101 and 102
include funds --
(1) for maintenance of the keeper's house and of the Boston
Lighthouse; and
(2) to enhance public access to the Boston Light and Little
Brewster Island, including making pier improvements on the island.
(c) The Secretary of Transportation shall, in consultation with the
Secretary of Interior, the Massachusetts Department of Environmental
Management, the Massachusetts Historical Preservation Officer,
appropriate local government entities, and private preservation groups,
develop a strategy to implement policies regarding the ownership,
maintenance, staffing, and use of the Boston Light. The strategy shall
propose ways --
(1) to provide improved public access to the Boston Light and
Little Brewster Island; and
(2) to ensure that the special historic character of the Boston
Light will be preserved, with the continuing presence of Coast
Guard personnel, so as to provide the best possible public
enjoyment and appreciation.
SEC. 222. COAST GUARD ENVIRONMENTAL COMPLIANCE AND RESTORATION
PROGRAM.
(a) ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM. -- Title 14,
United States Code, is amended by adding the following new chapter 19
after chapter 17:
"Sec.
"690. Definitions.
"691. Environmental Compliance and Restoration Program.
"692. Environmental Compliance and Restoration Account.
"693. Annual Report to Congress.
"Section 690. Definitions
"For the purposes of this chapter --
"(1) 'environment', 'facility', 'person', 'release', 'removal',
'remedial', and 'response' have the same meaning they have in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601);
"(2) 'hazardous substance' has the same meaning it has in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601), except that it
also includes the meaning given 'oil' in section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321); and
"(3) 'pollutant' has the same meaning it has in section 502 of
the Federal Water Pollution Control Act (33 U.S.C. 1362).
"Section 691. Environmental Compliance and Restoration Program
"(a) The Secretary shall carry out a program of environmental
compliance and restoration at current and former Coast Guard facilities.
"(b) Program goals include:
"(1) Identifying, investigating, and cleaning up contamination
from hazardous substances and pollutants.
"(2) Correcting other environmental damage that poses an
imminent and substantial danger to the public health or welfare or
to the environment.
"(3) Demolishing and removing unsafe buildings and structures,
including buildings and structures at former Coast Guard
facilities.
"(4) Preventing contamination from hazardous substances and
pollutants at current Coast Guard facilities.
"(c)(1) The Secretary shall respond to releases of hazardous
substances and pollutants --
"(A) at each Coast Guard facility the United States owns,
leases, or otherwise possesses;
"(B) at each Coast Guard facility the United States owned,
leased, or otherwise possessed when the actions leading to
contamination from hazardous substances or pollutants occurred;
and
"(C) on each vessel the Coast Guard owns or operates.
"(2) Paragraph (1) of this subsection does not apply to a removal or
remedial action when a potentially responsible person responds under
section 122 of the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9622).
"(3) The Secretary shall pay a fee or charge imposed by a state
authority for permit services for disposing of hazardous substances or
pollutants from Coast Guard facilities to the same extent that
nongovernmental entities are required to pay for permit services. This
paragraph does not apply to a payment that is the responsibility of a
lessee, contractor, or other private person.
"(d) The Secretary may agree with another Federal agency for that
agency to assist in carrying out the Secretary's responsibilities under
this chapter. The Secretary may enter into contracts, cooperative
agreements, and grant agreements with State and local governments to
assist in carrying out the Secretary's responsibilities under this
chapter. Services that may be obtained under this subsection include
identifying, investigating, and cleaning up off-site contamination that
may have resulted from the release of a hazardous substance or pollutant
at a Coast Guard facility.
"(e) Section 119 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9619) applies to response
action contractors that carry out response actions under this chapter.
The Coast Guard shall indemnify response action contractors to the
extent that adequate insurance is not generally available at a fair
price at the time the contractor enters into the contract to cover the
contractor's reasonable, potential, long-term liability.
"Section 692. Environmental Compliance and Restoration Account
"(a) There is established for the Coast Guard an account known as the
Coast Guard Environmental Compliance and Restoration Account. All sums
appropriated to carry out the Coast Guard's environmental compliance and
restoration functions under this chapter or another law shall be
credited or transferred to the account and remain available until
expended.
"(b) Funds may be obligated or expended from the account to carry out
the Coast Guard's environmental compliance and restoration functions
under this chapter or another law.
"(c) In proposing the budget for any fiscal year under section 1105
of title 31, United States Code, the President shall set forth
separately the amount requested for the Coast Guard's environmental
compliance and restoration activities under this chapter or another law.
"(d) Amounts recovered under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607)
for the Secretary's response actions at current and former Coast Guard
facilities shall be credited to the account.
"Section 693. Annual Report to Congress.
"(a) The Secretary shall submit to Congress a report each fiscal year
describing the progress the Secretary has made during the preceding
fiscal year in implementing this chapter.
"(b) Each report shall include:
"(1) A statement for each facility or vessel for which the
Secretary is responsible under section 691(c) of this title where
a release of a hazardous substance or pollutant has been
identified.
"(2) The status of response actions contemplated or undertaken
at each facility.
"(3) The specific cost estimates and budgetary proposals for
response actions contemplated or undertaken at each facility.
"(4) The total amount required to clean up contamination at all
identified facilities.".
(b) TITLE ANALYSIS. -- The title analysis at the beginning of part I
of title 14, United States Code, is amended by adding after item 17:
"19. Coast Guard Environmental Compliance and Restoration Program
....... 690".
(c) PRIOR AUTHORIZATION REQUIREMENT. -- Section 662 of title 14,
United States Code, is amended by adding the following new paragraph:
"(5) For environmental compliance and restoration at Coast
Guard facilities.".
SEC. 223. BLOCK ISLAND SOUTHEAST LIGHTHOUSE PRESERVATION.
(a) CONVEYANCE. -- (1) The Secretary of the department in which the
Coast Guard is operating may convey, by any appropriate means, all
right, title and interest of the United States in the Block Island
Southeast Lighthouse to the Block Island Southeast Lighthouse Foundation
(hereafter referred to as the "Foundation") of the town of New Shoreham,
Rhode Island.
(2) The purpose of this conveyance is to establish and maintain a
nonprofit center for the public at the Block Island Southeast Lighthouse
for interpretation and preservation of the culture of the United States
Coast Guard and Block Island's maritime history.
(3) The Secretary may not transfer the Block Island Southeast
Lighthouse until the Foundation or the State of Rhode Island, acting on
its behalf, requests from the Secretary that the transfer occur.
(b) TERMS AND CONDITIONS. -- The conveyance shall be made --
(1) without payment of consideration;
(2) subject to the condition that if the property, or any part
of the property, ceases to be used for the purpose of this
section, title to all such property shall be deemed to have
immediately reverted to the United States; and
(3) subject to such other terms and conditions as the Secretary
of the department in which the Coast Guard is operating may
impose.
(c) REQUIREMENTS. -- The conveyance shall include provisions
necessary to assure that --
(1) the light, antennae, sound signal, and associated equipment
which are active aids to navigation shall continue to be operated
and maintained by the United States;
(2) the Foundation will not interfere or allow interference in
any manner with navigational aids without written permission of
the United States;
(3) there is reserved to the United States the right to
relocate, replace, or add any navigational aids, or make any
changes on any portion of the property as may be necessary for
navigation purposes;
(4) the United States shall have the right, at any time, to
enter the property without notice to maintain navigational aids;
and
(5) the United States shall have an easement for access to the
property to maintain navigational aids.
(d) PROPERTY DESCRIPTION. -- The Secretary of the department in
which the Coast Guard is operating shall identify, describe, and
determine the property to be conveyed under this section.
(e) DEFINITION. -- For purposes of this section, "Block Island
Southeast Lighthouse" means the lighthouse and attached keeper's
dwelling, several ancillary buildings, a fog signal, and land (but not
less than nine acres) necessary to carry out the purposes of this
section located in the town of New Shoreham, Rhode Island.
(f) STRATEGY. -- The Secretary of Transportation shall within six
months of the date of enactment, in consultation with the Secretary of
the Interior, appropriate state, local, and other governmental entities,
and private preservation groups, develop a strategy regarding the
ownership, maintenance, operation, and use of the Block Island Southeast
Lighthouse that will preserve the special historic character of the
Lighthouse and ensure public access. Any proposal must be consistent
with the provisions of the National Historic Preservation Act (16 U.S.C.
470 et seq.), other applicable law, and efforts to interpret and
preserve the material culture of the United States Coast Guard and Block
Island's maritime history.
SEC. 301. DOCUMENTATION OF VESSELS.
(a) TECHNICAL AMENDMENTS. -- Chapter 121 of title 46, United States
Code, is amended as follows:
(1) Section 12101(b) is amended --
(A) in paragraph (1), by striking "registry as" and inserting
"registry endorsement as";
(B) in paragraph (2), by striking "coastwise license" and
inserting "coastwise endorsement";
(C) in paragraph (3), by striking "Great Lakes license" and
inserting "Great Lakes endorsement";
(D) by repealing paragraph (4); and
(E) by redesignating paragraph (5) as paragraph (4).
(2) Section 12102 is amended --
(A) in the matter preceding paragraph (1) of subsection (a) --
(i) by inserting "that is" before "not", and
(ii) by inserting "or is not titled in a State" after "foreign
country";
(B) by striking "(b)(1)" and inserting "(c)(1)";
(C) in subsection (c)(1) (as redesignated by subparagraph (B)),
by striking "fishery license" and inserting "fishery endorsement";
and
(D) by repealing subsection (c).
(3) Section 12103 is amended --
(A) in subsection (a), by striking "of one of the types" and
inserting "endorsed with one or more of the endorsements"; and
(B) in subsection (b) --
(i) by striking "(b)" and inserting "(b)(1)"; and
(ii) by adding at the end the following new paragraph:
"(2) The Secretary shall require each person applying to document a
vessel to provide --
"(A) the person's social security number; or
"(B) for a person other than an individual --
"(i) the person's taxpayer identification number; or
"(ii) if the person does not have a taxpayer identification
number, the social security number of an individual who is a
corporate officer, general partner, or individual trustee of the
person and who signs the application for documentation for the
vessels.".
(4) Section 12104(2) is amended by striking "vessel license,"
and inserting "endorsement,".
(5) Section 12105 is amended --
(A) by amending subsection (a) to read as follows:
"(a) A certificate of documentation may be endorsed with a registry
endorsement.";
(B) in subsection (b), by inserting "endorsement" after
"registry";
(C) by repealing subsections (c) and (d); and
(D) in the catchline, by inserting "endorsements" after
"Registry".
(6) Section 12106 is amended --
(A) in subsection (a), by striking "A coastwise license or, as
provided in section 12105(c) of this title, an appropriately
endorsed registry, may be issued" and inserting "A certificate of
documentation may be endorsed with a coastwise endorsement";
(B) in subsection (b), by striking "coastwise license or an
appropriately endorsed registry" and inserting "certificate of
documentation with a coastwise endorsement";
(C) in subsection (c), by striking "license" and inserting
"endorsement";
(D) by repealing subsection (d); and
(E) in the catchline, by striking "licenses and registry" and
inserting "endorsements".
(7) Section 12107 is amended --
(A) in subsection (a), by striking "A Great Lakes license, or
as provided in section 12105(c) of this title, an approprately
endorsed registry, may be issued" and inserting "A certificate of
documentation may be endorsed with a Great Lakes endorsement";
(B) by amending subsection (b) to read as follows:
"(b) Subject to the laws of the United States regulating trade with
Canada, only a vessel for which a certificate of documentation with a
Great Lakes endorsement is issued may be employed on the Great Lakes and
their tributary and connecting waters in trade with Canada.";
(C) by repealing subsection (c); and
(D) in the catchline, by striking "licenses and registry" and
inserting "endorsements".
(8) Section 12108 is amended --
(A) in subsection (a), by striking "A fishery license or, as
provided in section 12105(c) of this title, an appropriately
endorsed registry, may be issued" and inserting "A certificate of
documentation may be endorsed with a fishery endorsement";
(B) in subsection (a)(1), by striking "and";
(C) in subsection (b), by striking "fishery license or an
appropriately endorsed registry" and inserting "certificate of
documentation with a fishery endorsement";
(D) in subsection (C), by striking "license" and inserting
"endorsement";
(E) by repealing subsection (d); and
(F) in the catchline, by striking "licenses and registry" and
inserting "endorsements".
(9) Section 12109 is amended --
(A) by striking subsection (a) and inserting the following:
"(a) A certificate of documentation with a recreational endorsement
may be issued for a vessel that is eligible for documentation.";
(B) in subsection (b) --
(i) by striking "licensed recreational vessel" and inserting
"documented vessel with a recreational endorsement"; and
(ii) by striking "Such" and inserting "A recreational";
(C) by adding at the end the following new subsection:
"(c) A documented vessel operating under a recreational endorsement
may be operated only for pleasure."; and
(D) in the catchline, by striking "vessel licenses" and
inserting "endorsements".
(10) Section 12110 is amended --
(A) by amending subsection (a) to read as follows:
"(a) A vessel may not be employed in a trade except a trade covered
by the endorsement issued for that vessel."; and
(B) in subsection (c) --
(i) by striking "certificate of documentation" and inserting
"endorsement",
(ii) by striking "recreational vessel" and inserting "vessel
with a recreational endorsement", and
(iii) by striking "except" and inserting "other than".
(11) Section 12112 is amended --
(A) in subsection (a), by striking "an appropriate document"
and inserting "a certificate of documentation with an appropriate
endorsement"; and
(B) in subsection (b), by striking "an appropriate" and
inserting "a".
(12) The table of sections at the beginning of chapter 121 is
amended by striking the entries for sections 12105 through 12109
and inserting the following:
"12105. Registry endorsements.
"12106. Coastwise endorsements.
"12107. Great Lakes endorsements.
"12108. Fishery endorsements.
"12109. Recreational endorsements.".
(b) DOCUMENTATION SURRENDER AND INVALIDATION. -- Section 12111(c)(3)
of title 46, "46 USC 12111 note" United States Code, does not apply to a
mortgage that --
(1) was filed or recorded before January 1, 1989; and
(2) was not a preferred mortgage (as that term is defined in
section 31301(6) of that title) on that date.
SEC. 302. VESSEL IDENTIFICATION SYSTEMS.
Chapter 125 of title 46, United States Code, is amended as follows:
(1) Section 12501(b)(2) is amended to read as follows:
"(2) identifying the owner of the vessel, including --
"(A) the owner's social security number; or
"(B) for an owner other than an individual --
"(i) the owner's taxpayer identification number; or
"(ii) if the owner does not have a taxpayer identification
number, the social security number of an individual who is a
corporate officer, general partner, or individual trustee of the
owner and who signed the application for documentation or
numbering for the vessel;".
(2) Section 12503(a)(2) is amended to read as follows:
"(2) identifies the owner of the vessel, including by --
"(A) the owner's social security number; or
"(B) for an owner other than an individual --
"(i) the owner's taxpayer identification number; or
"(ii) if the owner does not have a taxpayer identification
number, the social security number of an individual who is a
corporate officer, general partner, or individual trustee of the
owner and who signed the application for documentation or
numbering for the vessel;".
(3) Section 12504 is amended by striking "Secretary, the
Secretary of Transportation -- " and inserting "Secretary of
Transportation, the Secretary -- ".
SEC. 303. COMMERCIAL INSTRUMENTS AND MARITIME LIENS.
Chapter 313 of title 46, United States Code, is amended as follows:
(1) Section 31306 is amended --
(A) in subsection (a), by striking "When" and inserting "Except
as provided by the Secretary of Transportation, when" and by
striking "of Transportation"; and
(B) in subsection (c), by striking "An" and inserting "Except
as provided by the Secretary, an".
(2) Section 31321(c) is amended --
(A) by striking "that has not yet been documented," and
inserting "for which an application for documentation is filed,";
and
(B) by striking "party whose name and address is stated on" and
inserting "interested party to";
(3) Section 31322 is amended --
(A) by amending subsection (a)(2) to read as follows:
"(2) Paragraph (1)(D) of this subsection does not apply to --
"(A) a documented vessel that has a fisheries endorsement or a
recreational endorsement, or both endorsements; or
"(B) a vessel for which an application for documentation with a
fisheries endorsement or a recreational endorsement, or both
endorsements, has been filed.";
(B) in subsection (d)(1), by striking "representing financing
of a vessel under State law that is made under applicable State
law" and inserting "granting a security interest perfected under
State law"; and
(C) in subsection (e)(1) and (2) by striking "the validity of
the preferred mortgage" each place that phrase appears and
inserting "the status of the preferred mortgage".
(4) Section 31325 is amended by amending subsections (b) and
(c) to read as follows:
"(b) On default of any term of the preferred mortgage, the mortgage
may --
"(1) enforce the preferred mortgage lien in a civil action in
rem for a documented vessel, a vessel to be documented under
chapter 121 of this title, or a foreign vessel; and
"(2) enforce a claim for the outstanding indebtedness secured
by the mortgaged vessel in --
"(A) a civil action in personam in admiralty against the
mortgagor, maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full payment of that
indebtedness; and
"(B) a civil action against the mortgagor, maker, comaker, or
guarantor for the amount of the outstanding indebtedness or any
deficiency in full payment of that indebtedness; and
"(c) The district courts have original jurisdiction of a civil action
brought under subsection (b)(1) or (2) of this section. However, for a
documented vessel, a vessel to be documented under chapter 121 of this
title, or a foreign vessel, this jurisdiction is exclusive of the courts
of the States for a civil action brought under subsection (b)(1) of this
section."
(5) Section 31341(a)(3) is amended by striking "mangement" and
inserting "management".
(6) Section 31342 is amended --
(A) by striking "A person providing necessaries to a vessel
(except a public vessel) on the order of a person listed in
section 31341 of this title" and inserting "(a) Except as provided
in subsection (b) of this section, a person providing necessaries
to a vessel on the order of the owner"; and
(B) by adding the following new subsection (b) at the end:
"(b) This section does not apply to a public vessel.".
SEC. 304. AMENDMENTS TO THE SHIPPING ACT, 1916.
(a) EXEMPTION FROM REQUIREMENT OF APPROVAL BY SECRETARY. -- Section
9 of the Shipping Act, 1916 (46 App. U.S.C. 808), is amended in
subsection (c)(1) by inserting "or the last documentation of which was
under the laws of the United States" before the semicolon at the end;
(2) in subsection (c)(2) by inserting ", or a vessel the last
documentation of which was under the laws of the United States,"
after "a documented vessel";
(3) in subsection (d)(1) and (2), by striking "or control in"
and inserting "in or control of"; and
(4) adding the following new paragraph:
"(4) A person that charters, sells, transfers, or mortgages a vessel,
or an interest in or control of a vessel, in violation of this section
is liable to the United States Government for a civil penalty of not
more than $10,000 for each violation.".
(b) REMISSION OF FORFEITURE. -- Section 38 of the Shipping Act, 1916
(46 App. U.S.C. 836) is amended by striking "duties." and inserting
"duties, except that forfeitures may be remitted without seizure of the
vessel.".
SEC. 305. CIVIL PENALTY PROCEDURES.
Chapter 3 of title 49, United States Code, is amended --
(1) by adding at the end of subchapter II the following new
section:
"Section 336. Civil penalty procedures
"(a) After notice and an opportunity for a hearing, a person found by
the Secretary of Transportation to have violated a provision of law that
the Secretary carries out through the Maritime Administrator or the
Commandant of the Coast Guard or a regulation prescribed under that law
by the Secretary for which a civil penalty is provided, is liable to the
United States Government for the civil penalty provided. The amount of
the civil penalty shall be assessed by the Secretary by written notice.
In determining the amount of the penalty, the Secretary shall consider
the nature, circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of culpability,
any history of prior offenses, ability to pay, and other matters that
justice requires.
"(b) The Secretary may compromise, modify, or remit, with or without
consideration, a civil penalty until the assessment is referred to the
Attorney General.
"(c) If a person fails to pay an assessment of a civil penalty after
it has become final, the Secretary may refer the matter to the Attorney
General for collection in an appropriate district court of the United
States.
"(d) The Secretary may refund or remit a civil penalty collected
under this section if --
"(1) application has been made for refund or remission of the
penalty within one year from the date of payment; and
"(2) the Secretary finds that the penalty was unlawfully,
improperly, or excessively imposed."; and
(2) in the table of sections, by adding at the end the
following:
"336. Civil penalty procedures.".
SEC. 306. EXEMPTION OF CERTAIN FISHING INDUSTRY FROM INSPECTION
REQUIREMENTS.
Section 403(a) of Public Law 98-364 "46 USC 3302 note" is amended by
striking "1990" in the first sentence and inserting "1991".
SEC. 307. LAWS REPEALED.
The following laws are repealed:
(1) Section 4172 of the Revised Statutes of the United States
(46 App. U.S.C. 41).
(2) Section 8 of Public Law 96-376 (46 App. U.S.C. 382b-1).
(3) Section 9(a) of the Shipping Act, 1916 (46 App. U.S.C.
808(a)).
(4) Sections 15 and 34 of the Merchant Marine Act, "41 Stat.
993, 1007" 1920.
(5) Section 701 of the Merchant Marine Act, 1928 (46 App.
U.S.C. 891s).
(6) Section 6 of the Act of June 16, 1933 (46 App. U.S.C.
891y).
(7) Sections 201(b), 201(g), 510(h), 612, 804(c)(2), 805(e),
806(a), 807, 1106, 1107, and 1109 of the Merchant Marine Act, 1936
(46 App. U.S.C. 1111(b), 1111(g), 1160(h), 1182, 1222(c)(2),
1223(e), 1224, 1225, 1276, 1279, and 1279b).
(8) Section 402 of the Act of October 8, 1940 (46 App. U.S.C.
1155a).
(9) Section 101 of the Act of June 25, 1958 (46 App. U.S.C.
1242-1).
(10) Sections 3(b) and 9 of the Act of December 13, 1977 (46
App. U.S.C. 1502(b) and 1508).
(11) Sections 20(a), 21, and 22 of the Shipping Act of 1984 (46
App. U.S.C. 1720).
(12) Sections 3(b)-(f), 4, 5(a), (b), and (d), 6, 7, 8(a)-(c),
10, 11(b), 12(b)-(e), and 13 of the Act of March 8, 1946 (50 App.
U.S.C. 1736(b)-(f), 1737, 1738(a), (b), and (d), 1739, 1740,
1741(a)-(c), 1743, 1744(b), 1745(b)-(f), and 1746).
(13) Section 2 of the Act of June 29, 1949 (50 App. U.S.C.
1738a).
(14) The Act of September 21, 1959 (50 App. U.S.C. 1745a).
(15) Sections 1-5 of the Act of March 21, 1945 (50 App. U.S.C.
1721-1725).
(16) The Act of August 20, 1954 (50 App. U.S.C. 2391-2394).
(17) Section 4377 of the Revised Statutes of the United States
(46 App. U.S.C. 325).
SEC. 308. COASTWISE DOCUMENTATION AND OPERATION.
(a) DOCUMENTATION. -- Notwithstanding section 12106 of title 46,
United States Code, and section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation endorsed
with a coastwise endorsement for each of the following vessels:
(1) Camelot (United States official number 536408);
(2) Crili (United States official number 656976);
(3) Da Warrior (Hawaiian Registration number HA 161 CP);
(4) Harbor Exec (United States official number 563895);
(5) Jamal (United States official number 611165);
(6) Karlissa (United States official number 950453);
(7) Lazy Jack (Maine Registration number ME9395G);
(8) Magnum Force (United States official number 287968);
(9) Terangi No. 2 (United States official number 572048);
(10) 3/4 Time (United States official number 907962); and
(11) Winddancer (United States official number 955031).
(b) OPERATION. -- Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the submersible vessel PC-1501 may
engage in the coastwise trade.
SEC. 309. "46 USC 12101 note" EFFECTIVE DATES.
(a) IN GENERAL. -- Except as provided in subsection (b), the
amendments made by this Act take effect on the date of the enactment of
this Act.
(b) EXCEPTIONS. --
(1) The amendments made by section 1(a)(2) take effect January
1, 1989, except that the amendment made by subparagraph (A) of
such section does not apply to a vessel titled in a State until
one year after the Secretary of Transportation prescribes
guidelines for a titling system under section 13106(b)(8) of title
46, United States Code.
(2) The amendments made by section 1(a)(3) take effect on the
180th day after the date of the enactment of this Act.
SEC. 310. SUBSTITUTION OF VESSEL.
Section 4(c)(2) of 101 Stat. 1780 "46 USC 12108 note" is amended by
adding after "1987" the following: ", except that an alternative vessel
of no greater tonnage than the vessel in the application may be
substituted, if that substitution is made by the original applicant".
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 2459 (S. 1512):
HOUSE REPORTS: No. 101-227 (Comm. on Merchant Marine and Fisheries).
SENATE REPORTS: No. 101-182 accompanying S. 1512 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 7, considered and passed
House. Nov. 17, considered and passed Senate, amended, in lieu of S.
1512. Nov. 20, House concurred in Senate amendment with an amendment.
Nov. 21, Senate concurred in House amendment with an amendment. House
concurred in Senate amendment.
Public Law 101-224, 103 Stat. 1905
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 "National Oceanic and Atmospheric
Administration Ocean and Coastal Programs Authorization Act of 1989".
SEC. 2. NATIONAL OCEAN SERVICE.
(a) MAPPING, CHARTING, AND GEODESY. -- There are authorized to be
appropriated to the Department of Commerce for carrying out mapping,
charting, and geodesy activities of the National Oceanic and Atmospheric
Administration (including geodetic data collection and analysis) under
the Act entitled "An Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes", approved August 6, 1947
(33 U.S.C. 883a et seq.), and any other law involving those activities,
not more than $47,694,000 for fiscal year 1990.
(b) OBSERVATIONS AND ASSESSMENTS. -- There are authorized to be
appropriated to the Department of Commerce for carrying out observation
and assessment activities of the National Oceanic and Atmospheric
Administration --
(1) under the Act entitled "An Act to define the functions and
duties of the Coast and Geodetic Survey, and for other purposes",
approved August 6, 1947 (33 U.S.C. 883a et seq.), and any other
law involving those activities, not more than $28,533,000 for
fiscal year 1990;
(2) under the National Ocean Pollution Planning Act of 1978 (33
U.S.C. 1701 et seq.), not more than $4,000,000 for fiscal year
1990; and
(3) under title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.), not more than
$17,000,000 for fiscal year 1990.
(c) OCEAN AND COASTAL MANAGEMENT. -- There are authorized to be
appropriated to the Department of Commerce for carrying out ocean and
coastal management activities of the National Oceanic and Atmospheric
Administration under title III of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.), the Deep Seabed Hard
Mineral Resources Act (30 U.S.C. 1401 et seq.), and any other law
involving those activities, not more than $57,752,000 for fiscal year
1990.
SEC. 3. OCEAN AND GREAT LAKES RESEARCH.
There are authorized to be appropriated to the Department of Commerce
for carrying out ocean and Great Lakes research activities of the
National Oceanic and Atmospheric Administration under the Act entitled
"An Act to define the functions and duties of the Coast and Geodetic
Survey, and for other purposes", approved August 6, 1947 (33 U.S.C. 833a
et seq.), the Act entitled "An Act to increase the efficiency and reduce
the expenses of the Signal Corps of the Army, and to transfer the
Weather Bureau to the Department of Agriculture", approved October 1,
1890 (15 U.S.C. 311 et seq.), the National Sea Grant College Program Act
(33 U.S.C. 1121 et seq.), and any other law involving those activities,
not more than $95,855,000 for fiscal year 1990.
SEC. 4. OYSTER DISEASE RESEARCH.
Pursuant to section 206 of the National Sea Grant College Program Act
(33 U.S.C. 1125), $3,000,000 may be appropriated for priority oyster
disease research in fiscal year 1990.
SEC. 5. PROGRAM SUPPORT.
(a) ADMINISTRATION AND SERVICES. -- There are authorized to be
appropriated to the Department of Commerce for carrying out executive
direction and administrative activities of the National Oceanic and
Atmospheric Administration (including management, administrative
support, provision of retired pay of National Oceanic and Atmospheric
Administration commissioned officers, and policy development) under the
Act entitled "An Act to clarify the status and benefits of commissioned
officers of the National Oceanic and Atmospheric Administration, and for
other purposes", approved December 31, 1970 (33 U.S.C. 857-1 et seq.),
and any other law involving those activities, not more than $73,994,000
for fiscal year 1990.
(b) FACILITIES. -- There are authorized to be appropriated to the
Department of Commerce for acquisition, construction, maintenance, and
operation of facilities of the National Oceanic and Atmospheric
Administration under any law involving those activities, not more than
$4,082,000 for fiscal year 1990.
(c) MARINE SERVICES. -- There are authorized to be appropriated to
the Department of Commerce for carrying out marine services activities
of the National Oceanic and Atmospheric Administration (including ship
operations, maintenance, and support) under the Act entitled "An Act to
define the functions and duties of the Coast and Geodetic Survey, and
for other purposes", approved August 6, 1947 (33 U.S.C. 883a et seq.),
and any other law involving those activities, not more than $59,910,000
for fiscal year 1990.
(d) AIRCRAFT SERVICES. -- There are authorized to be appropriated to
the Department of Commerce for carrying out aircraft services activities
of the National Oceanic and Atmospheric Administration (including
aircraft operations, maintenance, and support) under the Act entitled
"An Act to increase the efficiency and reduce the expenses of the Signal
Corps of the Army, and to transfer the Weather Bureau to the Department
of Agriculture", approved October 1, 1890 (15 U.S.C. 311 et seq.), and
any other law involving those activities, not more than $8,446,000 for
fiscal year 1990.
SEC. 6. REQUIREMENT OF NOTICE OF REPROGRAMMING.
The Secretary of Commerce shall not reprogram an amount appropriated
under the authority of this Act unless, before carrying out that
reprogramming, the Secretary provides notice of that reprogramming to
the Committee on Commerce, Science, and Transportation of the Senate and
to the Committee on Merchant Marine and Fisheries and the Committee on
Science, Space, and Technology of the House of Representatives.
SEC. 7. INTERNATIONAL FISHERY AGREEMENT.
Notwithstanding any provision of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), "16 USC 1823 note" the
governing international fishery agreement entered into between the
Government of the United States and the Government of Japan, as
contained in the message to the Congress from the President of the
United States dated October 30, 1989, is approved by the Congress and
shall enter into force and effect with respect to the United States on
the date of enactment of this Act.
SEC. 8. LOBSTER CONSERVATION.
Section 307(l) of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1857(l)) is amended --
(1) in subparagraph (H) by striking "or" at the end;
(2) in subparagraph (I) by striking the period at the end and
inserting in lieu thereof "; or"; and
(3) by adding at the end the following new subparagraph:
"(J) to ship, transport, offer for sale, sell, or purchase, in
interstate or foreign commerce, any whole live lobster of the
species Homarus americanus, that --
"(i) is smaller than the minimum possession size in effect at
the time under the American Lobster Fishery Management Plan, as
implemented by regulations published in part 649 of title 50, Code
of Federal Regulations, or any successor to that plan, implemented
under this title;
"(ii) is bearing eggs attached to its abdominal appendages; or
"(iii) bears evidence of the forcible removal of extruded eggs
from its abdominal appendages.".
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 1668:
HOUSE REPORTS: No. 101-119, Pt. 1 (Comm. on Merchant Marine and
Fisheries), Pt. 2 (Comm. on Public Works and Transportation), and Pt. 3
(Comm. on Science, Space, and Technology).
SENATE REPORTS: No. 101-187 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 135 (1989): Sept. 6, considered and
passed House. Nov. 17, considered and passed Senate, amended. Nov. 20,
House concurred in Senate amendment.
Public Law 101-223, 103 Stat. 1901
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 "District of Columbia Police
Authorization and Expansion Act of 1989".
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL OFFICERS AND
MEMBERS FOR THE METROPOLITAN POLICE DEPARTMENT OF THE DISTRICT OF
COLUMBIA.
(a) IN GENERAL. -- Section 502 of the District of Columbia
Self-Government and Governmental Reorganization Act is amended by adding
at the end thereof the following new subsection:
"(c)(1) In addition to the amounts authorized to be appropriated
under subsection (a) and subject to paragraphs (2) and (3), there are
authorized to be appropriated to the District of Columbia, for salaries
and expenses (including benefits) of 700 additional officers and members
of the Metropolitan Police Department of the District of Columbia,
$23,149,000 for fiscal year 1990, $23,338,000 for fiscal year 1991,
$25,199,000 for fiscal year 1992, $27,252,000 for fiscal year 1993, and
$28,367,000 for fiscal year 1994.
"(2) Amounts appropriated under paragraph (1) shall be available only
for salaries and expenses (including benefits) of officers and members
of the Metropolitan Police Department of the District of Columbia in
excess of 4,355 officers and members (and supplies, equipment, and
protective vests for reserve officers of the Metropolitan Police
Department).
"(3)(A) For fiscal year 1990, no funds authorized to be appropriated
under paragraph (1) may be obligated or expended until 120 days after
the Mayor develops and submits a plan for the implementation in the
District of Columbia of a community-oriented policing system (modeled
after, though not limited to, such a system in Houston, Texas) to the
Committee on the District of Columbia of the House of Representatives
and the Subcommittee on General Services, Federalism, and the District
of Columbia of the Committee on Governmental Affairs of the United
States Senate.
"(B) For fiscal years after 1990, no funds authorized to be
appropriated under paragraph (1) may be obligated or expended until the
Mayor submits a notification to the Committee on the District of
Columbia of the House of Representatives and the Subcommittee on General
Services, Federalism, and the District of Columbia of the Committee on
Governmental Affairs of the United States Senate that the District of
Columbia has implemented for such fiscal year a community-oriented
policing system in the District of Columbia.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall
take effect October 1, 1989.
SEC. 3. STUDY OF DISTRICT OF COLUMBIA COURT RESOURCES.
Not later than 60 days after the date of the enactment of this Act,
the Joint Committee on Judicial Administration in the District of
Columbia shall prepare and submit to Congress a report --
(1) analyzing resources available to District of Columbia
courts;
(2) analyzing the feasibility of, and the costs associated
with, an increase in the number of support personnel and judges
assigned to District of Columbia courts; and
(3) evaluating the need for changes in the District of Columbia
Pre-Trial Detention Act, the proposed felony sentencing guidelines
for the District of Columbia Superior Court, and the social
services program managed by and under the direction of the
District of Columbia courts.
SEC. 4. REPORT ON EFFECTS OF INCREASED DISTRICT OF COLUMBIA LAW
ENFORCEMENT EFFORTS ON CRIME IN METROPOLITAN AREA.
Not later than 60 days after the date of the enactment of this Act,
the Attorney General shall prepare and submit to Congress a report
analyzing the potential effects of increased efforts to eliminate
drug-related criminal activity in the District of Columbia on crime and
law enforcement in the metropolitan area surrounding the District,
including the effects of such efforts on the caseload of prosecuting
attorneys (including United States Attorneys) in such area.
SEC. 5. DEVELOPMENT OF CLASSIFICATION SYSTEM FOR INDIVIDUALS
CONVICTED OF CRIMES IN DISTRICT.
(a) ASSISTANCE FROM BUREAU OF PRISONS AND NATIONAL INSTITUTE OF
CORRECTIONS. -- Not later than 180 days after the date of the enactment
of this Act, the District of Columbia shall request the Director of the
Bureau of Prisons and the Director of the National Institute of
Corrections to provide the District of Columbia with technical
assistance and training in the development of a criminal recordkeeping
and classification system, which will provide a basis for a uniform
strategy for managing and evaluating the processing in the District of
Columbia's criminal justice system of individuals convicted of crimes in
the District of Columbia.
(b) INFORMATION INCLUDED IN SYSTEM DATA BASE. -- The recordkeeping
and classification system described in subsection (a) shall include a
data base continuously updated to provide current information on the
prison population of the District of Columbia, including, but not
limited to, the following:
(1) Aggregate inmate profiles and classifications based on
individual records and files.
(2) Escape and other risk assessments for individual inmates.
(3) Ongoing counts of the number of persons at various stages
of processing in the criminal justice system.
(4) Projections for future prison populations.
SEC. 6. USE OF PROCEEDS OF FORFEITED PROPERTY FOR LAW ENFORCEMENT
ACTIVITIES.
(a) IN GENERAL. -- Section 502(d)(3)(B) of the District of Columbia
Uniform Controlled Substances Act of 1981 (section 33-552(d)(3)(B), D.C.
Code) is amended by striking "shall be used to finance programs" and
inserting "shall be used, and shall remain available until expended
regardless of the expiration of the fiscal year in which they were
collected, to finance law enforcement activities of the Metropolitan
Police Department of the District of Columbia, with any remaining
balance used to finance programs".
(b) CLERICAL AMENDMENT. -- Paragraphs (3) and (3a) of section 502(d)
of the District of Columbia Uniform Controlled Substances Act of 1981
(sections 33-552(d)(3) and (3a), D.C. Code) are amended by --
(1) redesignating paragraph (3) as paragraph (4);
(2) redesignating paragraph (3a) as paragraph (3); and
(3) reordering the paragraphs so that paragraph (3), as
redesignated, precedes paragraph (4), as redesignated.
SEC. 7. PARTICIPATION OF DISTRICT OF COLUMBIA METROPOLITAN POLICE
DEPARTMENT IN THE NATIONAL CRIME INFORMATION SYSTEM.
(a) DISSEMINATION OF ADULT ARREST RECORDS TO LAW ENFORCEMENT AGENTS.
-- (1) Notwithstanding any other provision of law, the Metropolitan
Police Department of the District of Columbia shall disseminate its
unexpurgated adult arrest records to members of the court and law
enforcement agents, including the Identification Division of the Federal
Bureau of Investigation. Such dissemination shall be done without cost
and without the authorization of the persons to whom such records
relate.
(2) Any records disseminated under this section shall be used in a
manner that complies with applicable Federal law and regulations.
(b) DEFINITIONS. -- For purposes of this section --
(1) the term "member of the court" shall include judges,
prosecutors, defense attorneys (with respect to the records of
their client defendants), clerks of the court, and penal and
probation officers;
(2) the term "law enforcement agent" shall include police
officers and Federal agents having the power to arrest; and
(3) the term "unexpurgated adult arrest records" shall include
arrest fingerprint cards.
SEC. 8. ESTABLISHMENT OF DISTRICT OF COLUMBIA POLICE CORPS PROGRAM.
(a) ESTABLISHMENT. -- Not later than 1 year after the date of the
enactment of this Act, the Mayor of the District of Columbia, in
consultation with the Chief of the Metropolitan Police Department of the
District of Columbia, shall establish a pilot program under which the
District shall agree to assist not more than 25 eligible college
students or graduates in paying loans or other financial obligations
incurred in obtaining a baccalaureate or graduate degree if such a
student or graduate agrees to serve not less than 4 years as a member of
the Metropolitan Police Department.
(b) APPROVAL OF PROGRAM. -- Not later than 60 days after the date of
the enactment of this Act, the Mayor of the District of Columbia shall
submit a description of the program described in subsection (a),
including any regulations proposed to implement such program, to the
Committee on the District of Columbia of the United States House of
Representatives and the Subcommittee on General Services, Federalism,
and the District of Columbia of the Committee on Governmental Affairs of
the United States Senate for the committees' approval.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 9. ESTABLISHMENT OF WEST VIRGINIA POLICE CORPS PROGRAM.
(a) ESTABLISHMENT. -- Not later than 1 year after the date of the
enactment of this Act, the Governor of West Virginia, in consultation
with the West Virginia Superintendent of Police, shall establish a pilot
program under which West Virginia shall agree to assist not more than 25
eligible college students or graduates in paying loans or other
financial obligations incurred in obtaining a baccalaureate or graduate
degree if such a student or graduate agrees to serve not less than 4
years as a law enforcement officer in West Virginia.
(b) APPROVAL OF PROGRAM. -- Not later than 60 days after the date of
the enactment of this Act, the Governor of West Virginia shall submit a
description of the program described in subsection (a), including any
regulations proposed to implement such program, to the Subcommittee on
General Services, Federalism, and the District of Columbia of the
Committee on Governmental Affairs of the United States Senate for the
subcommittee's approval.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 1502:
SENATE REPORTS: No. 101-123 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 135 (1989): June 13, considered and
passed House. Sept. 14, considered and passed Senate, amended. Nov. 2,
House concurred in Senate amendment with amendments. Nov. 20, Senate
concurred in House amendments.
Public Law 101-222, 103 Stat. 1892
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 "22 USC 2151 note" may be cited as the
"Anti-Terrorism and Arms Export Amendments Act of 1989".
(b) TABLE OF CONTENTS. -- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Prohibition on arms transactions with countries supporting
terrorism.
Sec. 3. Considerations in issuance of arms export licenses and in
arms sales.
Sec. 4. Exports to countries supporting terrorism.
Sec. 5. Prohibition on assistance to countries supporting
international terrorism.
Sec. 6. Designation of items on the munitions list.
Sec. 7. Quarterly reports on third country transfers and on DOD
transfers to other agencies.
Sec. 8. Special authorities.
Sec. 9. Hostage Act.
Sec. 10. Self-defense in accordance with international law.
SEC. 2. PROHIBITION ON ARMS TRANSACTIONS WITH COUNTRIES SUPPORTING
TERRORISM.
(a) PROHIBITION. -- Section 40 of the Arms Export Control Act (22
U.S.C. 2780) is amended to read as follows:
"SEC. 40. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF
INTERNATIONAL TERRORISM.
"(a) PROHIBITED TRANSACTIONS BY THE UNITED STATES GOVERNMENT. -- The
following transactions by the United States Government are prohibited:
"(1) Exporting or otherwise providing (by sale, lease or loan,
grant, or other means), directly or indirectly, any munitions item
to a country described in subsection (d) under the authority of
this Act, the Foreign Assistance Act of 1961, or any other law
(except as provided in subsection (h)). In implementing this
paragraph, the United States Government --
"(A) shall suspend delivery to such country of any such item
pursuant to any such transaction which has not been completed at
the time the Secretary of State makes the determination described
in subsection (d), and
"(B) shall terminate any lease or loan to such country of any
such item which is in effect at the time the Secretary of State
makes that determination.
"(2) Providing credits, guarantees, or other financial
assistance under the authority of this Act, the Foreign Assistance
Act of 1961, or any other law (except as provided in subsection
(h)), with respect to the acquisition of any munitions item by a
country described in subsection (d). In implementing this
paragraph, the United States Government shall suspend expenditures
pursuant to any such assistance obligated before the Secretary of
State makes the determination described in subsection (d). The
President may authorize expenditures otherwise required to be
suspended pursuant to the preceding sentence if the President has
determined, and reported to the Congress, that suspension of those
expenditures causes undue financial hardship to a supplier,
shipper, or similar person and allowing the expenditure will not
result in any munitions item being made available for use by such
country.
"(3) Consenting under section 3(a) of this Act, under section
505(a) of the Foreign Assistance Act of 1961, under the
regulations issued to carry out section 38 of this Act, or under
any other law (except as provided in subsection (h)), to any
transfer of any munitions item to a country described in
subsection (d). In implementing this paragraph, the United States
Government shall withdraw any such consent which is in effect at
the time the Secretary of State makes the determination described
in subsection (d), except that this sentence does not apply with
respect to any item that has already been transferred to such
country.
"(4) Providing any license or other approval under section 38
of this Act for any export or other transfer (including by means
of a technical assistance agreement, manufacturing licensing
agreement, or coproduction agreement) of any munitions item to a
country described in subsection (d). In implementing this
paragraph, the United States Government shall suspend any such
license or other approval which is in effect at the time the
Secretary of State makes the determination described in subsection
(d), except that this sentence does not apply with respect to any
item that has already been exported or otherwise transferred to
such country.
"(5) Otherwise facilitating the acquisition of any munitions
item by a country described in subsection (d). This paragraph
applies with respect to activities undertaken --
"(A) by any department, agency, or other instrumentality of the
Government,
"(B) by any officer or employee of the Government (including
members of the United States Armed Forces), or
"(C) by any other person at the request or on behalf of the
Government.
The Secretary of State may waive the requirements of the second sentence
of paragraph (1), the second sentence of paragraph (3), and the second
sentence of paragraph (4) to the extent that the Secretary determines,
after consultation with the Congress, that unusual and compelling
circumstances require that the United States Government not take the
actions specified in that sentence.
"(b) PROHIBITED TRANSACTIONS BY UNITED STATES PERSONS. --
"(1) IN GENERAL. -- A United States person may not take any of
the following actions:
"(A) Exporting any munitions item to any country described in
subsection (d).
"(B) Selling, leasing, loaning, granting, or otherwise
providing any munitions item to any country described in
subsection (d).
"(C) Selling, leasing, loaning, granting, or otherwise
providing any munitions item to any recipient which is not the
government of or a person in a country described in subsection (d)
if the United States person has reason to know that the munitions
item will be made available to any country described in subsection
(d).
"(D) Taking any other action which would facilitate the
acquisition, directly or indirectly, of any munitions item by the
government of any country described in subsection (d), or any
person acting on behalf of that government, if the United States
person has reason to know that that action will facilitate the
acquisition of that item by such a government or person.
"(2) LIABILITY FOR ACTIONS OF FOREIGN SUBSIDIARIES, ETC. -- A
United States person violates this subsection if a corporation or
other person that is controlled in fact by that United States
person (as determined under regulations, which the President shall
issue) takes an action described in paragraph (1) outside the
United States.
"(3) APPLICABILITY TO ACTIONS OUTSIDE THE UNITED STATES. --
Paragraph (1) applies with respect to actions described in that
paragraph which are taken either within or outside the United
States by a United States person described in subsection (l)(3)(A)
or (B). To the extent provided in regulations issued under
subsection (l)(3)(D), paragraph (1) applies with respect to
actions described in that paragraph which are taken outside the
United States by a person designated as a United States person in
those regulations.
"(c) TRANSFERS TO GOVERNMENTS AND PERSONS COVERED. -- This section
applies with respect to --
"(1) the acquisition of munitions items by the government of a
country described in subsection (d); and
"(2) the acquisition of munitions items by any individual,
group, or other person within a country described in subsection
(d), except to the extent that subparagraph (D) of subsection
(b)(1) provides otherwise.
"(d) COUNTRIES COVERED BY PROHIBITION. -- The prohibitions contained
in this section apply with respect to a country if the Secretary of
State determines that the government of that country has repeatedly
provided support for acts of international terrorism.
"(e) PUBLICATION OF DETERMINATIONS. -- Each determination of the
Secretary of State under subsection (d) shall be published in the
Federal Register.
"(f) RESCISSION. -- A determination made by the Secretary of State
under subsection (d) may not be rescinded unless the President submits
to the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate --
"(1) before the proposed rescission would take effect, a report
certifying that --
"(A) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
"(B) that government is not supporting acts of international
terrorism; and
"(C) that government has provided assurances that it will not
support acts of international terrorism in the future; or
"(2) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that --
"(A) the government concerned has not provided any support for
international terrorism during the preceding 6-month period; and
"(B) the government concerned has provided assurances that it
will not support acts of international terrorism in the future.
"(g) WAIVER. -- The President may waive the prohibitions contained
in this section with respect to a specific transaction if --
"(1) the President determines that the transaction is essential
to the national security interests of the United States; and
"(2) not less than 15 days prior to the proposed transaction,
the President --
"(A) consults with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of
the Senate; and
"(B) submits to the Speaker of the House of Representatives and
the chairman of the Committee on Foreign Relations of the Senate a
report containing --
"(i) the name of any country involved in the proposed
transaction, the identity of any recipient of the items to be
provided pursuant to the proposed transaction, and the anticipated
use of those items;
"(ii) a description of the munitions items involved in the
proposed transaction (including their market value) and the actual
sale price at each step in the transaction (or if the items are
transferred by other than sale, the manner in which they will be
provided);
"(iii) the reasons why the proposed transaction is essential to
the national security interests of the United States and the
justification for such proposed transaction;
"(iv) the date on which the proposed transaction is expected to
occur; and
"(v) the name of every United States Government department,
agency, or other entity involved in the proposed transaction,
every foreign government involved in the proposed transaction, and
every private party with significant participation in the proposed
transaction.
To the extent possible, the information specified in subparagraph (B) of
paragraph (2) shall be provided in unclassified form, with any
classified information provided in an addendum to the report.
"(h) EXEMPTION FOR TRANSACTIONS SUBJECT TO NATIONAL SECURITY ACT
REPORTING REQUIREMENTS. -- The prohibitions contained in this section
do not apply with respect to any transaction subject to reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.; relating to congressional oversight of intelligence
activities).
"(i) RELATION TO OTHER LAWS. --
"(1) IN GENERAL. -- With regard to munitions items controlled
pursuant to this Act, the provisions of this section shall apply
notwithstanding any other provision of law, other than section
614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
"(2) SECTION 614(a) WAIVER AUTHORITY. -- If the authority of
section 614(a) of the Foreign Assistance Act of 1961 is used to
permit a transaction under that Act or the Arms Export Control Act
which is otherwise prohibited by this section, the written policy
justification required by that section shall include the
information specified in subsection (g)(2)(B) of this section.
"(j) CRIMINAL PENALTY. -- Any person who willfully violates this
section shall be fined for each violation not more than $1,000,000,
imprisoned not more than 10 years, or both.
"(k) CIVIL PENALTIES; ENFORCEMENT. -- In the enforcement of this
section, the President is authorized to exercise the same powers
concerning violations and enforcement which are conferred upon
departments, agencies, and officials by sections 11(c), 11(e), 11(g),
and 12(a) of the Export Administration Act of 1979 (subject to the same
terms and conditions as are applicable to such powers under that Act),
except that, notwithstanding section 11(c) of that Act, the civil
penalty for each violation of this section may not exceed $500,000.
"(l) DEFINITIONS. -- As used in this section --
"(1) the term 'munitions item' means any item enumerated on the
United States Munitions list (without regard to whether the item
is imported into or exported from the United States);
"(2) the term 'United States', when used geographically, means
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, and
any territory or possession of the United States; and
"(3) the term 'United States person' means --
"(A) any citizen or permanent resident alien of the United
States;
"(B) any sole proprietorship, partnership, company,
association, or corporation having its principal place of business
within the United States or organized under the laws of the United
States, any State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, or
any territory or possession of the United States;
"(C) Any other person with respect to that person's actions
while in the United States; and
"(D) to the extent provided in regulations issued by the
Secretary of State, any person that is not described in
subparagraph (A), (B), or (C) but --
"(i) is a foreign subsidiary or affiliate of a United States
person described in subparagraph (B) and is controlled in fact by
that United States person (as determined in accordance with those
regulations), or
"(ii) is otherwise subject to the jurisdiction of the United
States,
with respect to that person's actions while outside the United
States.".
(b) CONFORMING AMENDMENT. -- Section 3(f) of the Arms Export Control
Act (22 U.S.C. 2753(f)) is repealed.
SEC. 3. CONSIDERATIONS IN ISSUANCE OF ARMS EXPORT LICENSES AND IN
ARMS SALES.
(a) EXPORT LICENSES. -- Section 38(a)(2) of the Arms Export Control
Act (22 U.S.C. 2778) is amended by inserting "support international
terrorism," after "arms race,".
(b) ARMS SALES. -- Section 36(b)(1)(D) of that Act (22 U.S.C.
2776(b)(1)(D)) is amended --
(1) by redesignating clauses (ii) through (iv) as clauses (iii)
through (v), respectively; and
(2) by inserting the following new clause (ii) after clause
(i):
"(ii) support international terrorism;".
SEC. 4. EXPORTS TO COUNTRIES SUPPORTING TERRORISM.
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) is amended to read as follows:
"(j) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM. -- (1) A
validated license shall be required for the export of goods or
technology to a country if the Secretary of State has made the following
determinations:
"(A) The government of such country has repeatedly provided
support for acts of international terrorism.
"(B) The export of such goods or technology could make a
significant contribution to the military potential of such
country, including its military logistics capability, or could
enhance the ability of such country to support acts of
international terrorism.
"(2) The Secretary and the Secretary of State shall notify the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate at least 30 days before issuing any
validated license required by paragraph (1).
"(3) Each determination of the Secretary of State under paragraph
(1)(A), including each determination in effect on the date of the
enactment of the Antiterrorism and Arms Export Amendments Act of 1989,
shall be published in the Federal Register.
"(4) A determination made by the Secretary of State under paragraph
(1)(A) may not be rescinded unless the President submits to the Speaker
of the House of Representatives and the chairman of the Committee on
Banking, Housing, and Urban Affairs and the chairman of the Committee on
Foreign Relations of the Senate --
"(A) before the proposed rescission would take effect, a report
certifying that --
"(i) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
"(ii) that government is not supporting acts of international
terrorism; and
"(iii) that government has provided assurances that it will not
support acts of international terrorism in the future; or
"(B) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that --
"(i) the government concerned has not provided any support for
international terrorism during the preceding 6-month period; and
"(ii) the government concerned has provided assurances that it
will not support acts of international terrorism in the future.".
SEC. 5. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM.
Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
is amended to read as follows:
"SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM.
"(a) PROHIBITION. -- The United States shall not provide any
assistance under this Act, the Agricultural Trade Development and
Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank
Act of 1945 to any country if the Secretary of State determines that the
government of that country has repeatedly provided support for acts of
international terrorism.
"(b) PUBLICATION OF DETERMINATIONS. -- Each determination of the
Secretary of State under subsection (a), including each determination in
effect on the date of the enactment of the Antiterrorism and Arms Export
Amendments Act of 1989, shall be published in the Federal Register.
"(c) RESCISSION. -- A determination made by the Secretary of State
under subsection (a) may not be rescinded unless the President submits
to the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate --
"(1) before the proposed rescission would take effect, a report
certifying that --
"(A) there has been a fundamental change in the leadership and
policies of the government of the country concerned;
"(B) that government is not supporting acts of international
terrorism; and
"(C) that government has provided assurances that it will not
support acts of international terrorism in the future; or
"(2) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that --
"(A) the government concerned has not provided any support for
international terrorism during the preceding 6-month period; and
"(B) the government concerned has provided assurances that it
will not support acts of international terrorism in the future.
"(d) WAIVER. -- Assistance prohibited by subsection (a) may be
provided to a country described in that subsection if --
"(1) the President determines that national security interests
or humanitarian reasons justify a waiver of subsection (a), except
that humanitarian reasons may not be used to justify assistance
under part II of this Act (including chapter 4, chapter 6, and
chapter 8), or the Export-Import Bank Act of 1945; and
"(2) at least 15 days before the waiver takes effect, the
President consults with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of
the Senate regarding the proposed waiver and submits a report to
the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate containing --
"(A) the name of the recipient country;
"(B) a description of the national security interests or
humanitarian reasons which require the waiver;
"(C) the type and amount of and the justification for the
assistance to be provided pursuant to the waiver; and
"(D) the period of time during which such waiver will be
effective.
The waiver authority granted in this subsection may not be used to
provide any assistance under the Foreign Assistance Act of 1961 which is
also prohibited by section 40 of the Arms Export Control Act.".
SEC. 6. DESIGNATION OF ITEMS ON THE MUNITIONS LIST.
Section 38 of the Arms Export Control Act "22 USC 2778" (22 U.S.C.
2278) is amended by adding at the end the following:
"(h) The designation by the President (or by an official to whom the
President's functions under subsection (a) have been duly delegated), in
regulations issued under this section, of items as defense articles or
defense services for purposes of this section shall not be subject to
judicial review.".
SEC. 7. QUARTERLY REPORTS ON THIRD COUNTRY TRANSFERS AND ON DOD
TRANSFERS TO OTHER AGENCIES.
(a) QUARTERLY REPORTS. -- Section 36(a) of the Arms Export Control
Act (22 U.S.C. 2776(a)) is amended --
(1) by striking out "and" at the end of paragraph (8);
(2) by striking out the period at the end of paragraph (9) and
inserting in lieu thereof a semicolon; and
(3) by inserting after paragraph (9) the following:
"(10) a listing of the consents to third-party transfers of
defense articles or defense services which were granted, during
the quarter for which such report is submitted, for purposes of
section 3(a)(2) of this Act, the regulations issued under section
38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance
Act of 1961, if the value (in terms of original acquisition cost)
of the defense articles or defense services to be transferred is
$1,000,000 or more; and
"(11) a listing of all munitions items (as defined in section
40(l)(1)) which were sold, leased, or otherwise transferred by the
Department of Defense to any other department, agency, or other
entity of the United States Government during the quarter for
which such report is submitted (including the name of the
recipient Government entity and a discussion of what that entity
will do with those munitions items) if --
"(A) the value of the munitions items was $250,000 or more; or
"(B) the value of all munitions items transferred to that
Government department, agency, or other entity during that quarter
was $250,000 or more;
excluding munitions items transferred (i) for disposition or
use solely within the United States, or (ii) for use in connection
with intelligence activities subject to reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C. 413
et seq.; relating to congressional oversight of intelligence
activities).".
(b) CLASSIFICATION OF REPORTS. -- That section is amended in the
parenthetical clause in the text preceding paragraph (1) by inserting ",
and any information provided under paragraph (11) of this subsection may
also be provided in a classified addendum" after "(b)(1) of this
section".
SEC. 8. SPECIAL AUTHORITIES.
The second sentence of section 614(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2364(c)) is amended to read as follows: "The
President shall fully inform the chairman and ranking minority member of
the Committee on Foreign Affairs of the House of Representatives and the
chairman and ranking minority member of the Committee on Foreign
Relations of the Senate of each use of funds under this subsection prior
to the use of such funds.".
SEC. 9. HOSTAGE ACT.
Section 2001 of the Revised Statutes of the United States (22 U.S.C.
1732) is amended by inserting "and not otherwise prohibited by law"
after "acts of war".
SEC. 10. "22 USC 2371 note" SELF-DEFENSE IN ACCORDANCE WITH
INTERNATIONAL LAW.
The use by any government of armed force in the exercise of
individual or collective self-defense in accordance with applicable
international agreements and customary international law shall not be
considered an act of international terrorism for purposes of the
amendments made by this Act.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 91 (S. 347):
HOUSE REPORTS: No. 101-296 (Comm. on Foreign Affairs).
SENATE REPORTS: No. 101-173 accompanying S. 347 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 23, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
12, Presidential statement.
Public Law 101-221, 103 Stat. 1886
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 "19 USC 2101 note" may be cited as the "Steel Trade
Liberalization Program Implementation Act".
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES; SENSE OF CONGRESS
REGARDING THE STEEL TRADE LIBERALIZATION PROGRAM.
(a) FINDINGS AND PURPOSES. -- Section 802 of the Steel Import
Stabilization Act (19 U.S.C. 2253 note) is amended to read as follows:
"SEC. 802. FINDINGS AND PURPOSES.
"(a) The Congress finds that --
"(1) since 1984, the United States steel industry has made
significant progress toward adjustment, through modernization of
production facilities, elimination of excess capacity, reduction
of production costs, and improvement of productivity;
"(2) an extension of import relief, through transitional
bilateral arrangements, for a period of two and one-half years
will facilitate the steel industry's continued modernization and
worker retraining;
"(3) liberalization of market access during the period of
transitional bilateral arrangements, with preferential treatment
for countries who support fair and open trade, will help ensure an
orderly return to an open market;
"(4) the negotiation of an international consensus through the
Uruguay Round of trade negotiations and through bilateral
agreements to address subsidies and tariff and nontariff barriers
will strengthen the international trading system and conditions of
global steel trade; and
"(5) the termination of transitional bilateral arrangements by
March 31, 1992, and the full and forceful application of the
United States unfair trade laws, will protect the United States
national interest in preserving conditions of fair and open trade
in the United States market.
"(b) The purposes of this title are --
"(1) to endorse the principles and goals of the steel trade
liberalization program as announced by the President on July 25,
1989, and provide for its implementation;
"(2) to grant specific enforcement powers to the President to
carry out the terms and conditions of bilateral arrangements
entered into for purposes of implementing that program; and
"(3) to make the continuation of those powers subject to the
condition that the steel industry continue to modernize its plant
and equipment and provide for appropriate worker retraining.".
(b) SENSE OF CONGRESS. -- Section 803 of the Steel Import
Stabilization Act "19 USC 2253 note" is amended to read as follows:
"SEC. 803. SENSE OF CONGRESS REGARDING THE STEEL TRADE
LIBERALIZATION PROGRAM.
"(a) The Congress supports the full and effective implementation of
the steel trade liberalization program.
"(b) It is the sense of the Congress that the steel trade
liberalization program should be implemented in a manner which provides
for liberalized market access for steel products during the period in
which bilateral arrangements remain authorized in order to prepare for
the eventual termination of such arrangements in 1992 and reliance
thereafter on market forces and the full enforcement of United States
trade laws. In particular, liberalized market access should be provided
to those foreign countries that work with the United States to achieve
the goals referred to in subsection (c).
"(c) It is further the sense of the Congress that the United States
Trade Representative should promptly conduct negotiations, through the
Uruguay Round of negotiations under the General Agreement on Tariffs and
Trade and through complementary bilateral arrangements, to seek an
international consensus regarding steel trade that provides for --
"(1) strong disciplines over trade-distorting government
subsidies;
"(2) the lowering of trade barriers so as to ensure market
access; and
"(3) enforcement measures to deal with violations of consensus
obligations.
"(d) The President shall provide to the Congress an annual assessment
of the progress of the negotiations referred to in subsection (c). The
President may include the assessment in the annual report required under
section 163(a) of the Trade Act of 1974 (19 U.S.C. 2213(a)) regarding
the trade agreements program.".
SEC. 3. EXTENSION OF ACT.
(a) EXTENSION UNTIL APRIL 1, 1992. -- Section 806(a) of the Steel
Import Stabilization Act "19 USC 2253 note" is amended --
(1) by striking out "the fifth anniversary of the effective
date of this title" in paragraph (1) and inserting "March 31,
1992"; and
(2) by striking out "or fourth" in paragraph (2) and inserting
"fourth, fifth, sixth, or seventh".
(b) SPECIAL PROVISION. -- If the Steel Trade Liberalization Program
Implementation Act "19 USC 2253 note" is not enacted on or before
October 1, 1989, then section 806(a)(2) of the Steel Import
Stabilization Act (as amended by subsection (a)) shall be applied by
treating the reference therein to the close of the fifth anniversary of
the effective date of the Steel Import Stabilization Act as a reference
to the close of the 30th day after the date of the enactment of the
Steel Trade Liberalization Program Implementation Act.
SEC. 4. ENFORCEMENT AUTHORITY.
(a) INTERIM AUTHORITY. -- Section 805(a) of the Steel Import
Stabilization Act "19 USC 2253 note" is amended by adding at the end
thereof the following new sentence: "The President is further
authorized to carry out, bdetween October 1, 1989, and the date of the
concluding of any bilateral arrangement, such actions as may be
necessary or appropriate to ensure an orderly transition to that
arrangement.".
(b) SHORT SUPPLY SITUATIONS. -- Section 805(b) of the Steel Import
Stabilization Act "19 USC 2253 note" is amended to read as follows:
"(b)(1) If --
"(A) a bilateral arrangement includes a provision relating to
short supply situations; and
"(B) the Secretary of Commerce (hereinafter in this subsection
referred to as the 'Secretary') determines, in accordance with
this subsection, that a short supply situation exists in the
United States with respect to a steel product that is subject to a
quantitative limitation under such arrangement;
the Secretary shall authorize the importation of additional quantities
of that product without regard to any aggregate quantitative import
limitation in effect under such arrangement.
"(2) In determining under this subsection whether a short supply
situation exists in the United States with respect to a steel product,
the Secretary shall take into account all relevant factors, including --
"(A) (to the extent information is available) the recent levels
of capacity utilization for domestic facilities producing the
product;
"(B) the quantity of the steel product requested in a short
supply petition and the ability of domestic producers to supply
the product in such quantity;
"(C) the willingness of a domestic producer to supply the steel
product at a price which is not an aberration from prevailing
domestic market prices;
"(D) reasonable specifications requested by the purchaser or
any end user; and
"(E) delivery times to the purchaser and any end user of the
steel product.
"(3)(A) A petition requesting a determination under this subsection
may be filed with the Secretary. The petition must be in such form and
contain such relevant information as the Secretary requires.
"(B) If the Secretary considers that a petition filed under
subparagraph (A) is adequate, the Secretary shall promptly cause to be
published in the Federal Register a notice that a determination under
this subsection with respect to the steel product concerned is under
consideration.
"(C) The Secretary shall provide opportunity for comment by
interested persons regarding the issues raised in a petition.
"(D)(i) The petitioner shall certify that the factual information
contained in the petition and any additional submission is accurate and
complete to the best of the petitioner's knowledge.
"(ii) An interested person shall certify that the factual information
submitted by that person to the Secretary is accurate and complete to
the best of the person's knowledge.
"(4)(A) If an adequate petition is filed under paragraph (3)(A), the
Secretary shall determine, not later than the day specified in
subparagraph (B) --
"(i) whether a short supply situation exists in the United
States with respect to the steel product; and
"(ii) if the determination under clause (i) is affirmative, the
quantity of the steel product that the Secretary will authorize
for importation.
"(B) The Secretary must make a determination with respect to a
petition not later than --
"(i) the 15th day after the day on which the petition is filed
if --
"(I) the raw steel making capacity utilization in the United
States equals or exceeds 90 percent,
"(II) the importation of additional quantities of the steel
product was authorized by the Secretary during each of the 2
immediately preceding years, or
"(III) the Secretary finds, on the basis of available
information (and whether or not in the context of a determination
under this subsection), that the steel product is not produced in
the United States; or
"(ii) the 30th day after the day on which the petition was
filed if neither subclause (I), (II), or (III) of clause (i)
applies.
"(C) In making a determination with respect to which subparagraph
(B)(i) applies, the Secretary shall apply a rebuttable presumption that
the short supply situation alleged in the petition exists.
"(D) The Secretary shall cause to be published in the Federal
Register notice of each determination made under this subsection setting
forth the reasons for the determination.
"(5) If under this subsection the Secretary authorizes the
importation of a specified quantity of a steel product, the Secretary
shall notify a representative of the appropriate foreign government and
issue to the petitioner the necessary documentation to permit the
importation of that quantity.
"(6) The Secretary shall prescribe regulations to carry out this
subsection. The interim text of such regulations shall be issued on or
before the 30th day after the date of the enactment of the Steel Trade
Liberalization Program Implementation Act. The regulations shall
provide for transparency and fairness in the process of making short
supply determinations, and shall be consistent with the President's
announcement on July 25, 1989, establishing the steel trade
liberalization program.".
(c) CONFORMING AMENDMENTS. -- Section 805 is further amended --
(1) by amending subsection (c) by striking out "may provide"
and inserting ", in consultation with the Secretary of Commerce,
shall provide"; and
(2) by striking out "President's Steel Policy," in subsection
(d)(3) and inserting "steel trade liberalization program".
SEC. 5. DEFINITIONS.
Section 804 of the Steel Import Stabilization Act "19 USC 2253 note"
is amended --
(1) by inserting "or the steel trade liberalization program"
before the period at the end of paragraph (1); and
(2) by adding at the end thereof the following:
"(4) The term 'steel trade liberalization program' means the
program, announced by the President on July 25, 1989, designed to
achieve an orderly transition to open markets, the continued
modernization and adjustment of the steel industry, and the
negotiation of an international consensus to restore fair and open
steel trade.".
SEC. 6. DOMESTIC INDUSTRY EFFORTS TO IMPROVE QUALITY AND SERVICE AND
TO PROVIDE WORKER TRAINING.
(a) IN GENERAL. -- Section 806(b) of the Steel Import Stabilization
Act "19 USC 2253 note" is amended --
(1) by amending paragraph (2)(A) to read as follows:
"(A) The term 'major company' means an enterprise that produces
iron and steel and whose raw steel production in the United States
during 1988 exceeded 2,000,000 net tons."; and
(2) by adding at the end of paragraph (3) the following: "For
purposes of this paragraph, the United States International Trade
Commission shall seek to --
"(A) obtain information from purchasers of domestic steel
products, as well as from domestic producers of steel products,
regarding recent improvements in domestic quality and service,
including those that result from industry modernization; and
"(B) obtain information on --
"(i) the general nature of the worker retraining efforts
undertaken by the steel industry; and
"(ii) with respect to the moneys referred to in paragraph
(1)(B), the amounts used to retrain displaced former employees as
compared with the amounts used for on-the-job retraining within
the industry.".
(b) SPECIAL RULE. -- The amendment made by subsection (a)(1) "19 USC
2253 note" shall not affect the definition of "qualified corporation"
contained in section 212(g)(1)(A) of the Tax Reform Act of 1986.
SEC. 7. ETHYL ALCOHOL AND MIXTURES THEREOF FOR FUEL USE.
(a) DETERMINATION OF INDIGENOUS PRODUCTS. -- Section 423(c) of the
Tax Reform Act of 1986 (19 U.S.C. 2703 note) is amended --
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) by striking out paragraph (2) and inserting the following:
"(2) Ethyl alcohol or a mixture thereof that is produced by a
process of full fermentation in an insular possession or
beneficiary country shall be treated as being an indigenous
product of that possession or country.
"(3)(A) Ethyl alcohol and mixtures thereof that are only
dehydrated within an insular possession or beneficiary country
(hereinafter in this paragraph referred to as 'dehydrated alcohol
and mixtures') shall be treated as being indigenous products of
that possession or country only if the alcohol or mixture, when
entered, meets the applicable local feedstock requirement.
"(B) The local feedstock requirement with respect to any
calendar year is --
"(i) 0 percent with respect to the base quantity of dehydrated
alcohol and mixtures that is entered;
"(ii) 30 percent with respect to the 35,000,000 gallons of
dehydrated alcohol and mixtures next entered after the base
quantity; and
"(iii) 50 percent with respect to all dehydrated alcohol and
mixtures entered after the amount specified in clause (ii) is
entered.
"(C) For purposes of this paragraph:
"(i) The term 'base quantity' means, with respect to dehydrated
alcohol and mixtures entered during any calendar year, the greater
of --
"(I) 60,000,000 gallons; or
"(II) an amount (expressed in gallons) equal to 7 percent of
the United States domestic market for ethyl alcohol, as determined
by the United States International Trade Commission, during the
12-month period ending on the preceding September 30;
that is first entered during that calendar year.
"(ii) The term 'local feedstock' means hydrous ethyl alcohol
which is wholly produced or manufactured in any insular possession
or beneficiary country.
"(iii) The term 'local feedstock requirement' means the minimum
percent, by volume, of local feedstock that must be included in
dehydrated alcohol and mixtures.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "19 USC
2703 note" shall apply with respect to calendar years 1990 and 1991.
SEC. 8. CONSISTENCY OF THE SUPERFUND PETROLEUM TAX WITH THE GENERAL
AGREEMENT ON TARIFFS AND TRADE.
(a) UNIFORM RATE. -- Section 4611(c)(2)(A) of the Internal Revenue
Code of 1986 (26 U.S.C. 4611(c)(2)(A)) is amended to read as follows:
"(A) the Hazardous Substance Superfund financing rate is 9.7
cents a barrel, and".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "26 USC
4611 note" shall take effect on the date of enactment of this Act.
SEC. 9. "19 USC 2253 note" EFFECTIVE DATE.
The amendments made by this Act (other than the amendments made by
sections 7 and 8) shall take effect on October 1, 1989.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.R. 3275:
HOUSE REPORTS: No. 101-263 (Comm. on Ways and Means).
SENATE REPORTS: No. 101-206 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 2, considered and passed
House. Nov. 21, considered and passed Senate, amended. House concurred
in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
12, Presidential statement.
Public Law 101-220, 103 Stat. 1876
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OAT ACREAGE LIMITATION PROGRAM.
(a) IN GENERAL. -- Effective only for the 1990 crop of feed grains,
section 105C(f)(2)(G) of the Agricultural Act of 1949 (7 U.S.C.
1444e(f)(2)(G)) is amended --
(1) by inserting "(i)" after the subparagraph designation; and
(2) by adding at the end the following new clause:
"(ii) In the case of the 1990 crop of oats, the Secretary may
establish a percentage reduction for oats in accordance with
paragraph (1) of less than 5 percent. If the Secretary does not
establish a percentage reduction requirement for oats, the
Secretary shall ensure that the crop acreage bases established for
the farm and the farm acreage base are not increased as a result
of this clause.".
(b) CONFORMING AMENDMENTS. -- Effective only for the 1990 crop of
feed grains, section 105C of such Act is amended --
(1) in subsection (d)(1), by adding at the end the following
new subparagraph:
"(E) This subsection shall not apply to the 1990 crop of oats."; and
(2) in subsection (f)(1), by adding at the end the following
new subparagraph:
"(E) As a condition of eligibility for loans, purchases, and payments
for the 1990 crop of oats, the producers of oats on a farm may not plant
oats in excess of the crop acreage base for the farm.".
SEC. 2. "15 USC 714c note" EXPORT ENHANCEMENT PROGRAM; PROMOTION OF
UNITED STATES MEAT EXPORTS.
(a) COMMISSARIES. -- During each of fiscal years 1990, 1991, and
1992, the Commodity Credit Corporation shall, in carrying out the export
enhancement program established pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714c(f)), promote
the export of United States meat, including poultry products, to
commissaries on military installations in the European Community.
(b) FUNDING. --
(1) IN GENERAL. -- Except as provided in paragraph (2), of the
amounts made available by the Commodity Credit Corporation to
exporters, processors, and foreign importers under the authority
of section 5(f) of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714c(f)) in commodities of the Commodity Credit
Corporation to enhance the export of United States commodities by
making the price of such commodities competitive in the world
market, the Commodity Credit Corporation shall make available to
carry out subsection (a) not less than $14,000,000 in funds or
commodities for fiscal year 1990, not less than $9,300,000 in
funds or commodities for fiscal year 1991, and not less than
$4,600,000 in funds or commodities for fiscal year 1992.
(2) TRANSPORTATION COSTS. -- Funds or commodities shall be
made available under this section only to the extent that funds
are made available by the Department of Defense for the costs of
transporting the meat to the commissaries.
(c) REIMBURSEMENT OF CORPORATION. -- Section 4 of the Act of July
16, 1943 (57 Stat. 566, chapter 241; 15 U.S.C. 713a) shall not apply to
services performed, losses sustained, operating costs incurred, or
commodities purchased or delivered by the Commodity Credit Corporation
pursuant to this section.
SEC. 3. EGGS.
(a) EXEMPTED EGG PRODUCERS. -- Section 12 of the Egg Research and
Consumer Information Act (7 U.S.C. 2711) is amended to read as follows:
"SEC. 12. EXEMPTED EGG PRODUCERS AND BREEDING HEN FLOCKS, CONDITIONS
AND PROCEDURES.
"(a) IN GENERAL. -- The following shall be exempt from the specific
provisions of this Act under such conditions and procedures as may be
prescribed in the order or rules and regulations issued thereunder:
"(1) Any egg producer whose aggregate number of laying hens at
any time during a 3-consecutive-month period immediately prior to
the date assessments are due and payable has not exceeded 30,000
laying hens, as determined under subsection (b).
"(2) Any flock of breeding hens whose production of eggs is
primarily utilized for the hatching of baby chicks.
"(b) NUMBER OF LAYING HENS. --
"(1) IN GENERAL. -- For purposes of subsection (a)(1), the
aggregate number of laying hens owned by an egg producer shall
include --
"(A) in cases in which the producer is an individual, laying
hens owned by such producer or members of such producer's family
that are effectively under the control of such producer, as
determined by the Secretary;
"(B) in cases in which the producer is a general partnership or
similar entity, laying hens owned by the entity and all partners
or equity participants in the entity; and
"(C) in cases in which the producer holds 50 percent or more of
the stock or other beneficial interest in a corporation, joint
stock company, association, coopertive, limited partnership, or
other similar entity, laying hens owned by the entity.
Ownership of laying hens by a trust or similar entity shall be
considered ownership by the beneficiaries of the trust or other
entity.
"(2) STOCK OR BENEFICIAL INTERESTS. -- For purposes of
paragraph (1)(C), stock or other beneficial interest in an entity
that is held by --
"(A) members of the producer's family described in paragraph
(1)(A);
"(B) a general partnership or similar entity in which the
producer is a partner or equity participant;
"(C) the partners or equity participants in an entity of the
type described in subparagraph (B); or
"(D) a corporation, joint stock company, association,
cooperative, limited partnership, or other similar entity in which
the producer holds 50 percent or more of the stock or other
beneficial interests,
shall be considered as held by the producer.".
(b) "7 USC 2711 note" EGG PROMOTION AND RESEARCH ORDER. --
(1) AMENDMENT. -- The Secretary of Agriculture shall issue an
amendment to the egg promotion and research order issued under the
Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.)
to implement the amendments made by this section. Such amendment
shall be issued after public notice and opportunity for comment in
accordance with section 553 of title 5, United States Code, and
without regard to sections 556 and 557 of such title. The
Secretary shall issue a proposed amendment to such order not later
than 30 days after the date of enactment of this Act.
(2) EFFECTIVE DATE. -- The amendment to the egg promotion and
research order required by paragraph (1) shall become effective no
later than March 1, 1990, and shall not be subject to a referendum
under the Egg Research and Consumer Information Act (7 U.S.C. 2701
et seq.).
SEC. 4. PEANUTS.
Section 8b of the Agricultural Adjustment Act (7 U.S.C. 608b),
reenacted with amendments by the Agricultural Marketing Agreement Act of
1937, is amended --
(1) by inserting "(a)" after the section designation; and
(2) by adding at the end the following:
"(b)(1) If an agreement with the Secretary is in effect with respect
to peanuts pursuant to this section --
"(A) all peanuts handled by persons who have not entered into
such an agreement with the Secretary shall be subject to
inspection to the same extent and manner as is required by such
agreement; and
"(B) no such peanuts shall be sold or otherwise disposed of for
human consumption if such peanuts fail to meet the quality
requirements of such agreement.
"(2) Violation of this subsection by a person who has not entered
into such an agreement shall result in the assessment by the Secretary
of a penalty equal to 140 percent of the support price for quota peanuts
multiplied by the quantity of peanuts sold or disposed of in violation
of subsection (b)(1)(B), as determined under section 108B of the
Agricultural Act of 1949 (7 U.S.C. 1445c-2), for the marketing year for
the crop with respect to which such violation occurs.".
(c) EFFECTIVE DATE. -- The amendment "7 USC 608b note" made by this
section shall be effective with respect to the 1990 and subsequent crops
of peanuts.
SEC. 5. RESEARCH INTO NEW COMMERCIAL PRODUCTS FROM NATURAL PLANT
MATERIALS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1473D (7 U.S.C. 3319d)
the following new section:
"SEC. 1473E. "7 USC 3319e" RESEARCH INTO NEW COMMERCIAL PRODUCTS
FROM NATURAL PLANT MATERIALS.
"The Secretary may --
"(1) conduct fundamental and applied research related to the
development of new commercial products derived from natural plant
materials for industrial, medical, and agricultural applications;
and
"(2) participate with colleges and universities, other Federal
agencies, and private sector entities in conducting such
research.".
SEC. 6. CALCULATION OF INSURANCE PREMIUMS PAID BY FARM CREDIT SYSTEM
INSTITUTIONS.
(a) IN GENERAL. -- Section 5.55 of the Farm Credit Act of 1971 (12
U.S.C. 2277a-4) is amended --
(1) by striking subsection (a) and inserting the following:
"(a) AMOUNT IN FUND NOT EXCEEDING SECURE BASE AMOUNT. --
"(1) IN GENERAL. -- Until the aggregate of amounts in the Farm
Credit Insurance Fund exceeds the secure base amount, the annual
premium due from any insured System bank for any calendar year
shall be equal to the sum of --
"(A) the annual average principal outstanding for such year on
loans made by the bank that are in accrual status, excluding the
guaranteed portions of government-guaranteed loans provided for in
subparagraph (C), multiplied by 0.0015;
"(B) the annual average principal outstanding for such year on
loans made by the bank that are in nonaccrual status, multiplied
by 0.0025; and
"(C)(i) the annual average principal outstanding for such year
on the guaranteed portions of Federal Government-guaranteed loans
made by the bank that are in accrual status, multiplied by
0.00015; and
"(ii) the annual average principal outstanding for such year on
the guaranteed portions of State government-guaranteed loans made
by the bank that are in accrual status, multiplied by 0.0003.
"(2) DEFINITION OF GOVERNMENT-GUARANTEED LOANS. -- As used in
this section and section 1.12(b), the term 'government-guaranteed
loans' means loans or credits, or portions of loans or credits,
that are guaranteed --
"(A) by the full faith and credit of the United States
Government or any State government;
"(B) by an agency or other entity of the United States
Government whose obligations are explicitly guaranteed by the
United States Government; or
"(C) by an agency or other entity of a State government whose
obligations are explicitly guaranteed by such State government.";
(2) in subsection (b), by inserting after "for the following
calendar year" the following: ", as determined under subsection
(a),";
(3) in subsection (c), by inserting after "at such time" the
following: "(adjusted downward to exclude an amount equal to the
sum of (1) 90 percent of the guaranteed portions of principal
outstanding on Federal Government-guaranteed loans in accrual
status made by such banks and (2) 80 percent of the guaranteed
portions of principal outstanding on State government-guaranteed
loans in accrual status made by such banks, as determined by the
Corporation)"; and
(4) in subsection (d) --
(A) by striking "subsection (a)" in the material preceding
paragraph (1) and inserting "subsections (a) and (c)";
(B) by striking "intermediate term" in the material preceding
paragraph (1); and
(C) by striking paragraph (1) and inserting the following:
"(1) by any production credit association, or any other
association making direct loans under authority provided under
section 7.6, that is able to make such loans because such
association is receiving, or has received, funds provided through
the Farm Credit Bank;".
(b) CONFORMING AMENDMENTS. -- (1) The first sentence of subsection
(b) of section 1.12 of the Farm Credit Act of 1971 (12 U.S.C. 2020(b))
is amended by inserting after "production credit association" the
following: ", other association making direct loans under the authority
provided under section 7.6,".
(2) The second sentence of subsection (b) of section 1.12 of the Farm
Credit Act of 1971 (12 U.S.C. 2020(b)) is amended --
(A) in paragraph (1) --
(i) by inserting before "discounted with" the following:
"funded by or";
(ii) by inserting after "that are in accrual status," the
following: "excluding the guaranteed portions of
government-guaranteed loans provided for in paragraph (3),"; and
(iii) by striking "and" at the end;
(B) in paragraph (2) --
(i) by inserting before "discounted with" the following:
"funded by or"; and
(ii) by striking the period at the end and inserting "; and";
and
(C) by inserting after paragraph (2) the following:
"(3)(A) the annual average principal outstanding for such year
on the guaranteed portions of Federal government-guaranteed loans
made by the association, or by the other financing institution and
funded by or discounted with the Farm Credit Bank, that are in
accrual status, multiplied by 0.00015; and
"(B) the annual average principal outstanding for such year on
the guaranteed portions of State government-guaranteed loans made
by the association, or by the other financing institution and
funded by or discounted with the Farm Credit Bank, that are in
accrual status, multiplied by 0.0003.".
(3) Section 5.59(b)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2277a-8(b)(1)) is amended by inserting after "any production credit
association," the following: "any other association making direct loans
under authority provided under section 7.6,".
(4) Section 5.61(e) of the Farm Credit Act of 1971 (12 U.S.C.
2277a-10(e)) is amended by inserting after "production credit
association" the following: "and other association making direct loans
under the authority provided under section 7.6".
(c) EFFECTIVE DATE. -- The amendments "12 USC 2020 note" made by
subsections (a) and (b) shall be effective for insurance premiums due to
the Farm Credit System Insurance Corporation under the Farm Credit Act
of 1971 (12 U.S.C. 2001 et seq.) on or after January 1, 1990, based on
the loan volume of each bank for each calendar year beginning with
calendar year 1989, and shall be effective for the calculation of the
initial premium payment required under section 5.56(c) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-5(c)).
SEC. 7. "12 USC 2278b-9 note" PURCHASES OF FINANCIAL ASSISTANCE
CORPORATION STOCK BY FARM CREDIT SYSTEM INSTITUTIONS.
(a) DELAYED EFFECTIVE DATE FOR STOCK PURCHASE REQUIREMENTS. --
Notwithstanding any other provision of law, the amendments to section
6.29 of the Farm Credit Act of 1971 (12 U.S.C. 2278b-9) made by section
646 of the Rural Development, Agriculture, and Related Agencies
Appropriations Act, 1989 (Public Law 100-460; 102 Stat. 2266) shall be
effective on October 1, 1992.
(b) PAYMENTS. --
(1) FOUR ANNUAL PAYMENTS. -- Notwithstanding any other
provision of law, the Financial Assistance Corporation shall pay,
out of the Financial Assistance Corporation Trust Fund
(hereinafter in this section referred to as the "Trust Fund")
established under section 6.25(b) of the Farm Credit Act of 1971
(12 U.S.C. 2278b-5(b)), to each of the institutions of the Farm
Credit System that purchased stock in the Financial Assistance
Corporation under section 6.29 of the Farm Credit Act of 1971,
four annual payments as provided in this subsection.
(2) TIMING OF PAYMENTS. -- The annual payments provided for by
this subsection shall be made available as soon as practicable
after October 1 of each of the calendar years 1989 through 1992.
(3) CALCULATION OF FIRST PAYMENT. -- The first annual payment
made available under this subsection shall be in an amount equal
to --
(A) a percentage equal to 1.5 times the average rate of
interest received by the Financial Assistance Corporation on
assets of the Trust Fund from March 30, 1988, through September
30, 1989; times
(B) the difference between $177,000,000 and 4.4 percent of the
cumulative amount of the bonds issued by the Financial Assistance
Corporation through September 30, 1989.
(4) CALCULATION OF REMAINING PAYMENTS. -- The second, third,
and fourth annual payments made available under this subsection
shall be in an amount equal to --
(A) a percentage equal to the average rate of interest received
by the Financial Assistance Corporation on assets of the Trust
Fund during each of the fiscal years 1990 through 1992; times
(B) the difference between $177,000,000 and 4.4 percent of the
cumulative amount of the bonds issued by the Financial Assistance
Corporation through September 30 of each of such fiscal years.
(5) DISTRIBUTION OF ANNUAL PAYMENTS. -- Annual payments due
under this subsection shall be made available to each institution
described in paragraph (1) in an amount equal to the total amount
of annual payments to be made available times the ratio of the
amount of stock each institution purchased divided by
$177,000,000.
SEC. 8. EXEMPTION OF CERTAIN INTEREST PAYMENTS BY THE UNITED STATES
TREASURY FROM SEQUESTRATION.
Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting
"Farm Credit System Financial Assistance Corporation, interest payments
(20-1850-0-1-351);" after "Exchange stabilization fund
(20-4444-0-3-155);".
SEC. 9. DISASTER ASSISTANCE COVERAGE FOR EARTHQUAKES.
(a) ANNUAL CROPS. -- (1) Section 104(d)(1) of the Disaster
Assistance Act of 1989 is amended by inserting "ornamentals affected by
earthquake and" after "(including".
(2) Section 112(1) of such Act is amended by inserting "earthquake,"
after "hurricane,".
(b) ORCHARDS. -- (1) Section 121(a) of the Disaster Assistance Act
of 1989 is amended to read as follows:
"(a) LOSS. -- Subject to the limitation in subsection (b), the
Secretary of Agriculture shall provide assistance, as specified in
section 122, to eligible orchardists that planted trees for commercial
purposes but lost such trees as a result of freeze, earthquake, or
related condition in 1989, as determined by the Secretary.".
(2) Section 122(1) of such Act is amended by inserting ",
earthquake," after "freeze".
(c) FOREST CROPS. -- (1) Section 131(a) of the Disaster Assistance
Act of 1989 is amended to read as follows:
"(a) LOSS. -- Subject to the limitation in subsection (b), the
Secretary of Agriculture shall provide assistance, as specified in
section 132, to eligible tree farmers that planted tree seedlings in
1988 or 1989 for commercial purposes but lost such seedlings as a result
of drought, earthquake, or related condition in 1989, as determined by
the Secretary.".
(2) Section 132(1) of such Act is amended by inserting ",
earthquake," after "drought".
(d) DISASTER ASSISTANCE FOR RURAL BUSINESS ENTERPRISES. -- Section
401 of the Disaster Assistance Act "7 USC 1929a note" of 1989 is amended
--
(1) in paragraph (a)(1), by inserting "earthquake," after
"excessive moisture,"; and
(2) in paragraph (c)(2), by striking out "$200,000,000" and
inserting "$300,000,000".
SEC. 10. TEMPORARY EXCLUSION OF CERTAIN HOUSING ASSISTANCE FROM
INCOME FOR PURPOSES OF THE FOOD STAMP ACT OF 1977.
Section 807(b) of the Stewart B. McKinney Homeless Assistance Act (7
U.S.C. 2014 note) is amended by --
(1) striking "1989" and inserting "1990";
(2) redesignating paragraph (2) as paragraph (3); and
(3) inserting after paragraph (1) the following paragraph:
"(2) The Secretary shall adjust the level of benefits provided
to households under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) during the period between September 30, 1989 and the
effective date of this paragraph to ensure that the level of such
benefits is no less than the level determined in accordance with
the provisions of section 5(k)(2)(F) of the Food Stamp Act of
1977.".
SEC. 11. SUBMISSION OF ACTUAL YIELD DATA TO COUNTY COMMITTEES.
(a) SUBMISSION OF ACTUAL YIELD DATA TO COUNTY COMMITTEES. --
Effective for the 1989 and 1990 crops of wheat, feed grains, upland
cotton, and rice, section 506 of the Agricultural Act of 1949 (7 U.S.C.
1466) is amended by adding at the end the following new subsection:
"(e)(1) With respect to the 1989 and subsequent crop years, the
Secretary shall allow producers to provide to county committees data
with respect to the actual yield for each farm for each program crop.
The Secretary shall maintain such data for at least five crop years
after receipt in a manner that will permit the data to be used, if
necessary, in the administration of the commodity programs for the 1989
and subsequent crops.
"(2) The Secretary shall provide timely notification to producers of
the provisions of paragraph (1).
"(3) With respect to the 1989 crop year, the Secretary shall
determine what the costs of each commodity program would be if farm
program payment yields were determined in accordance with the methods
prescribed in paragraph (4) and what the impact of such alternative
methods would be on each commodity program and on producers
participating in each commodity program.
"(4) The alternative methods of determining program payment yields
for purposes of paragraph (3) shall include, at a minimum:
"(A) using producers' actual yields for the current crop year;
"(B) allowing producers the option of choosing to use their
actual yields or the county average yield for the current crop
year; and
"(C) the yield derived on the basis of the average of the
actual yield per harvested acre for the crop for each of the five
crop years immediately preceding such crop year, excluding the
crop year with the highest yield per harvested acre, the crop year
with the lowest yield per harvested acre, and any crop year in
which such crop was not planted on the farm.
Not later than January 30, 1990, the Secretary shall report the
determinations under this subsection to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.".
(b) "7 USC 1466 note" SUBMISSION OF SOYBEAN ACTUAL YIELD DATA TO
COUNTY COMMITTEES. -- With respect to the 1989 and 1990 crop years, the
Secretary shall allow producers of soybeans to provide to county
committees (as defined in section 502 of the Agricultural Act of 1949 (7
U.S.C. 1462)) data with respect to the actual yield for each farm for
each crop of soybeans. The Secretary shall maintain such data for at
least five crop years after receipt in such a manner as to be easily
accessible. The Secretary shall provide timely notification to
producers of the provisions of this section.
SEC. 12. EXTENSION ON SALE OF RURAL DEVELOPMENT LOANS.
Section 1001 of the Omnibus Budget Reconciliation Act of 1986 (7
U.S.C. 1929a note) is amended by adding at the end the following new
subsection:
"(h)(1) Notwithstanding the provisions of section 633 of the Rural
Development, Agriculture, and Related Agencies Appropriations Act, 1989
(Public Law 100-460), the Secretary of Agriculture shall offer to the
issuer of any unsold note or other obligation described in paragraph
(2)(A) for which such issuer made the good faith deposit described in
paragraph (2)(A) the opportunity to purchase such note or other
obligation consistent with the provisions of this subsection and
subsections (f)(2) and (f)(3).
"(2) The provisions of this subsection shall apply only to those
issuers who:
"(A) on or before March 9, 1989, made a good faith deposit
under this section for fiscal year 1989 with the Secretary to
purchase a note or other obligation held in the Rural Development
Insurance Fund; and
"(B) otherwise meet all eligibility criteria, as such criteria
existed immediately prior to May 9, 1989, at the time the purchase
occurs under this subsection.
"(3) The opportunity to purchase any such note or other obligation
shall be held open, under the policies and procedures in effect under
subsections (f)(2) and (f)(3) immediately prior to May 9, 1989, for 150
days after the date of enactment of this subsection. The Secretary
shall not require any further good faith deposit from issuers who
qualify under this subsection. The Secretary shall notify eligible
issuers of the opportunity afforded under this subsection within 30 days
after the date of enactment of this subsection and may require such
issuers to express an intention to purchase their note or other
obligation by a date certain.".
SEC. 13. PROHIBITION ON DUTY DRAWBACK CLAIMS BY EXPORTERS WHO USE
CERTAIN EXPORT PROMOTION PROGRAMS.
(a) "7 USC 1736cc" IN GENERAL. -- The Secretary of Agriculture may
provide that a person shall be ineligible for participation in an export
program established under title I or title III of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), or in
any other export credit, credit guarantee, bonus, or other export
program carried out through, or administered by, the Commodity Credit
Corporation or carried out with funds made available pursuant to section
32 of the Act entitled "An Act to amend the Agricultural Adjustment Act,
and for other purposes", approved August 24, 1935 (7 U.S.C. 612c) with
respect to the export of any agricultural commodity or product that has
been or will be used as the basis for a claim of a refund, as drawback,
pursuant to section 313(j)(2) of the Tariff Act of 1930 (19 U.S.C.
1313(j)(2)), of any duty, tax, or fee imposed under Federal law on an
imported commodity or product.
(b) VEGETABLE OIL. -- A person shall be ineligible for participation
in any of the export programs referred to in subsection (a) with respect
to the export of vegetable oil or a vegetable oil product that has been
or will be used as the basis for a claim of a refund, as a drawback,
pursuant to section 313 of the Tariff Act of 1930, of any duty, tax, or
fee imposed under Federal law on an imported commodity or product.
(c) CERTIFICATION. -- A person applying to export any agricultural
commodity or product under the export programs referred to in subsection
(a) shall certify, in accordance with regulations issued under
subsection (d), that none of the commodity or product has been or will
be used as the basis of a claim for any refund specified in subsection
(a), except that a person applying to export any vegetable oil or
vegetable oil product under such programs shall certify that none of the
vegetable oil or vegetable oil product has been or will be used as the
basis of a claim for any refund specified in subsection (b).
(d) REGULATIONS. -- The Secretary of Agriculture shall issue
regulations to carry out this section.
(e) APPLICABILITY. -- This section shall not apply to quantities of
agricultural commodities and products with respect to which an exporter
has entered into a contract, prior to the effective date of this
section, for an export sale.
SEC. 14. REPAYMENT OF ADVANCE DEFICIENCY PAYMENTS.
Effective only for the 1988 crops of wheat, feed grains, upland
cotton, and rice, produced by producers that qualified for assistance
under section 201(a) of the Disaster Assistance Act "7 USC 1421 note" of
1988 (7 U.S.C. 1421 note) or section 101(a) of the Disaster Assistance
Act of 1989 (7 U.S.C. 1421 note), if the Secretary of Agriculture
determines that any portion of the advance deficiency payment made to
producers for such crop under section 107C of the Agricultural Act of
1949 (7 U.S.C. 1445b-2) must be refunded, such refund shall not be
required to be made prior to July 31, 1990.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- S. 1793:
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 25, considered and
passed Senate. Nov. 9, considered and passed House, amended. Nov. 21,
Senate concurred in House amendment with amendments. House concurred in
Senate amendments.
Public Law 101-219, 103 Stat. 1870
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SEC. 101. "48 USC 1681 note" ENTRY INTO FORCE OF COMPACT.
Notwithstanding the provisions of Section 101(d)(1)(B) of Public Law
99-658, entry into force of the Compact of Free Association between the
United States and Palau (set forth in title II of Public Law 99-658 and
hereafter in this joint resolution referred to as the "Compact") in
accordance with subsections (a) and (d) of section 101 of Public Law
99-658 (100 Stat. 3673) is hereby authorized --
(1) subject to the condition that the Compact, as approved by
the Congress in Public Law 99-658, is approved by the requisite
percentage of the votes cast in a referendum conducted pursuant to
the Constitution of Palau, and such approval is free from any
legal challenge, and
(2) upon expiration of 30 days, in which either the House of
Representatives or the Senate of the United States is in session,
after the President notifies the Committees on Interior and
Insular Affairs and Foreign Affairs of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate of the effective date of the Compact.
SEC. 102. "48 USC 1681 note" FISCAL PROCEDURES ASSISTANCE.
Upon request of the Government of Palau, the Secretary of the
Interior shall provide assistance to the Government of Palau to develop
and promulgate regulations for the effective expenditure of funds
received pursuant to this joint resolution, Public Laws 99-658 and
99-239, or any other Act of Congress.
SEC. 103. "48 USC 1681 note" ANTIDRUG PROGRAM.
(a) PLAN. -- The Department of the Interior shall develop, in
cooperation with the Government of Palau and the National Drug Control
Policy Office, a plan for an antidrug program in Palau. The plan shall
be submitted to the Committees on Interior and Insular Affairs, Foreign
Affairs, and Appropriations of the House of Representatives and the
Committees on Energy and Natural Resources and Appropriations of the
Senate by April 1, 1990. The plan shall: (1) identify the specific
needs and costs of such an antidrug program; (2) shall identify all
existing resources to be allocated for its implementation by the
Government of the United States and the Government of Palau; and (3)
shall recommend priority use for additional resources, assuming such
resources are made available.
(b) AGREEMENT. -- Following completion of the plan, the President
and the Government of Palau shall negotiate an agreement to facilitate
implementation of the plan. Such agreement may include --
(1) that the Government of Palau may request, on a long-term or
case-by-case basis, that the officers of United States law
enforcement agencies may conduct investigations consistent with
implementation of the plan in cooperation with the law enforcement
agencies of the Government of Palau;
(2) that the Government of Palau or the Government of the
United States may agree to provide specific resources, on a
one-time or a multiyear basis, to strengthen the antidrug program;
and
(3) a specific description of the technical assistance,
training, and equipment to be provided to Palau by the United
States necessary to implement the plan.
SEC. 104. "48 USC 1681 note" PUBLIC AUDITOR AND SPECIAL PROSECUTOR.
(a) Upon request of the Government of Palau, the President shall
provide, on a nonreimbursable basis, appropriate technical assistance to
the public auditor or special prosecutor. The assistance provided
pursuant to this subsection for the first five years after the effective
date of the Compact shall, upon the request of the Government of Palau,
and to the extent personnel are available, include (but not be limited
to) the full time services of --
(1) an auditor or accountant, as determined by the public
auditor, for the office of public auditor; and
(2) an attorney or investigator, as determined by the special
prosecutor, for the office of special prosecutor.
SEC. 105. POWER GENERATION.
Section 104(e) of Public Law 99-658 "48 USC 1681 note" is amended to
read as follows:
"(e) Neither the Secretary of the Treasury nor any other officer or
agent of the United States shall pay or transfer any portion of the sum
and amounts payable to the Government of Palau pursuant to this joint
resolution to any party other than the Government of Palau, except under
the procedures established by the Compact and its related agreements.
No funds appropriated pursuant to the Compact, this Act, or any other
Act for grants or other assistance to Palau may be used to satisfy any
obligation or expense incurred by Palau prior to November 14, 1986, with
respect to any contract or debt related to any electrical generating
plant or related facilities entered into or incurred by Palau which has
not been specifically authorized by Congress in advance, except that the
Government of Palau may use any portion of the annual grant under
section 211(b) not required to be devoted to the energy needs of those
parts of Palau not served by its central power generating facilities and
any portion of the funds under section 212(b) of the Compact for such
purpose.".
SEC. 106. "48 USC 1681 note" AUDIT CERTIFICATION.
The chief officer of any agency conducting an audit pursuant to
paragraph (1) of sections 102(c) and 103(m) of the Compact of Free
Association Act of 1985 (Public Law 99-239) and section 101(d)(1)(C) of
Public Law 99-658 shall certify that audit.
SEC. 107. "48 USC 1681 note" ACQUISITION OF DEFENSE SITES.
The provisions of title III of the Compact relating to future use by
the United States of defense sites in Palau do not restrict the
authority of the President of the United States to --
(1) request additional funding, subject to appropriation,
related to the use of privately owned land in Palau pursuant to
article II of title III of the Compact as may be appropriate in
light of actual land use requirements, independent appraisals of
such privately owned land accepted by both governments, and other
appropriate documentation of actual land use costs; and
(2) consent to an extension of the time set forth in a
subsidiary agreement to such article in which the Government of
Palau is required to make such land available to the United
States.
SEC. 108. "48 USC 1681 note" FEDERAL PROGRAMS COORDINATION
PERSONNEL.
The Secretary of the Interior shall station at least one professional
staff person in each of the Offices of the United States Representatives
in the Republic of Palau, the Federated States of Micronesia, and the
Republic of the Marshall Islands to provide Federal program coordination
and technical assistance to such governments as authorized under Public
Laws 99-239 and 99-658. In meeting the purposes of this section the
Secretary shall select qualified persons following consultations with
the Interagency Group on Freely Associated State Affairs.
SEC. 109. "48 USC 1681 note" REFERENDUM COSTS.
The Secretary of the Interior shall provide such sums as may be
necessary for a further referendum on approval of the Compact, if one is
required, or other appropriate costs associated with the approval
process in Palau.
SEC. 110. "48 USC 1681 note" AGREEMENTS.
(a) EFFECTIVE DATE OF CERTAIN AGREEMENTS. -- An agreement between
the United States and the Government of the Republic of Palau consistent
with the agreements approved by Public Law 101-62 (101 Stat. 162) shall
take effect without further authorization thirty days after submission
to Congress.
(b) EXTENSIONS. -- The provisions of article IX, paragraph 5(a) of
the Agreement referred to in section 462(e) of the Compact of Free
Association as approved by Public Law 99-239, "99 Stat. 1833" and
article IX, paragraph 5(a) of the agreement referred to in section
462(f) of the Compact of Free Association for Palau as approved by
Public Law 99-658, "100 Stat. 3702" are extended, in accordance with the
terms thereof, until October 1, 1998, unless earlier terminated or
further extended by the laws of the United States.
(c) AUTHORIZATION. -- Funding to implement the provisions of this
title, and for assistance to the central health care facility and the
prison in Palau, and the offices of Public Auditor and Special
Prosecutor as proposed in the agreement entitled "Agreement Concerning
Special Programs related to the Entry into Force of the Compact of Free
Association Between the Government of the United States and the
Government of the Republic of Palau" signed on May 26, 1989, shall be
available pursuant to the authorization in section 105(c) of Public Law
99-239 as referenced by section 102(b) of Public Law 99-658 or from
funds appropriated for technical assistance to the Secretary of the
Interior.
SEC. 111. "48 USC 1681 note" MODIFICATION OF ENERGY ASSISTANCE
FUNDING.
(a) The President is authorized to negotiate and conclude an
agreement, including the obligation of United States funds, with the
Government of Palau which shall provide the following:
(1) The sum of $28,000,000, adjusted by section 215 of the
Compact at the time of its availability to Palau, shall be
provided to Palau pursuant to section 211(b) of the Compact and
upon entry into force of the Compact.
(2) Palau shall pay to the United States, on or before the 15th
anniversary of the effective date of the Compact, an amount equal
to the net economic cost to the United States of making available
the section 211(b) funds in the manner specified in this
subsection rather than as provided in section 211(b).
(3) Such economic cost shall reflect the time value of money
and be determined using the rate determined for an equivalent loan
by the Federal Financing Bank as of the date these funds are
advanced, and using an inflation rate consistent with the
determinations made under the provisions of section 215 of the
Compact.
(4) If the Government of Palau has not paid such net economic
costs to the United States by the 15th anniversary of the
effective date of the Compact, then the United States shall be
automatically paid such sums from the fund established under
section 211(f) of the Compact.
(5) The provision of section 211(b) funds, as appropriated by
Public Law 99-349 and pursuant to this subsection, shall be in
fulfillment of all United States obligations under such section
211(b) of the Compact and shall be subject to section 236 of the
Compact.
(b) Subject to the provisions of subsection (a) and upon the request
of the Government of Palau, the sum of $28 million appropriated by
Public Law 99-349 to fulfill the obligations of the United States under
section 211(b) of the Compact (approved in Public Law 99-658), adjusted
by section 215 of such Compact, shall be provided to Palau upon entry
into force of the Compact.
(c) Funding provided in Public Law 101-121 under the "Trust Territory
of the Pacific Islands" appropriation account shall remain available
until expended.
SEC. 112. "48 USC 1681 note" SUBMISSION OF AGREEMENTS.
Any agreement concluded with the Government of Palau pursuant to this
joint resolution including the agreement entitled "Agreement Concerning
Special Programs related to the Entry into Force of the Compact of Free
Association Between the Government of the United States and the
Government of the Republic of Palau" signed on May 26, 1989, and any
agreement which would amend, change, or terminate any such agreement, or
portion thereof, shall be submitted to the Congress and may not take
effect until after 30 days after the date on which such agreement is so
submitted. An amendment or agreement substituting or in addition to the
subsidiary agreement negotiated under section 212(a) of the Compact or
its annex shall take effect only when approved by an Act of Congress.
SEC. 113. "48 USC 1681 note" TRANSITION FUNDING.
For the purposes of applying section 105(c)(2) of the Compact of Free
Association Act of 1985 (99 Stat. 1792) to Palau, the terms "fiscal year
1987", "fiscal year 1988", and "fiscal year 1989" in section 104(c) of
Public Law 99-658 shall be deemed to be the first, second, and third
fiscal years, respectively, beginning after the effective date of the
Compact.
SEC. 201. "48 USC 1681 note" CONTROLLED SUBSTANCES IN THE FREELY
ASSOCIATED STATES.
(a) IN GENERAL. -- The President is authorized to negotiate
agreements which provide --
(1) that the United States shall carry out the provisions of
part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) as
necessary to provide for the lawful distribution of controlled
substances in the freely associated states; and
(2) that a freely associated state which institutes and
maintains a voluntary system to report annual estimates of
narcotics needs to the International Narcotics Control Board, and
which imposes controls on imports of narcotic drugs consistent
with the Single Convention on Narcotic Drugs, 1961, shall be
eligible for exports of narcotic drugs from the United States in
the same manner as a country meeting the requirements of
subsection (a) of section 1003 of the Controlled Substances Act
(21 U.S.C. 953).
(b) EFFECTIVE DATE. -- Agreements concluded pursuant to this section
shall become effective pursuant to section 101(f)(5) of Public Law
99-239 or section 101(d)(5) of Public Law 99-658, as may be applicable.
SEC. 202. "44 USC 1905 note" NORTHERN MARIANAS COLLEGE.
The Northern Marianas College is hereby constituted a depository to
receive Government publications, and the Superintendent of Documents
shall supply to the Northern Marianas College one copy of each such
publication in the same form as supplied to other designated
depositories.
SEC. 203. VIRGIN ISLANDS.
The Revised Organic Act of the Virgin Islands is amended by striking
out the second sentence of section 25 (48 U.S.C. 1615).
SEC. 204. CABRAS ISLAND.
Section 818(b)(2) of Public Law 96-418 (94 Stat. 1782) (as amended by
section 504 of Public Law 98-454 (98 Stat. 1736)) is amended by striking
"30 percent" and inserting "50 percent".
SEC. 205. POHNPEI HYDROPOWER ADDITION.
In addition to sums already appropriated for the Nanpil hydropower
project, there are hereby authorized to be appropriated to the Secretary
of the Army up to $6.5 million for design and construction of the
hydropower addition to the Nanpil project. The Secretary of the Army is
directed to use any funds appropriated pursuant to this authorization
for the intended purposes, and under the same terms and conditions as
sums previously provided.
SEC. 206. CLARIFICATION WITH RESPECT TO ALLOTMENTS FOR TERRITORIES.
Section 901(a), Part 1, title I of the Act of June 19, 1968 (42
U.S.C. 3791(a)) is further amended in paragraph (2) by changing the
proviso to read as follows: "Provided, That for the purpose of section
506(a), American Samoa and the Commonwealth of the Northern Mariana
Islands shall be considered as one state and that for these purposes 67
per centum of the amounts allocated shall be allocated to American Samoa
and 33 per centum to the Commonwealth of the Northern Mariana Islands.".
SEC. 207. VIRGIN ISLANDS PRISON EXPANSION AND RENOVATION.
There is authorized to be appropriated $5,000,000 to the Secretary of
the Interior for the Golden Grove Prison on St. Croix, United States
Virgin Islands, and for renovation of and improvements of existing
prison facilities.
SEC. 208. "48 USC 1681 note" OFFICE OF THE RESIDENT REPRESENTATIVE.
Real property owned by the Commonwealth of the Northern Mariana
Islands in the capital of the United States and used by the Resident
Representative thereof in the discharge of his representative duties
under the Covenant shall be exempt from assessment and taxation.
Approved December 12, 1989.
LEGISLATIVE HISTORY -- H.J. Res. 175:
SENATE REPORTS: No. 101-189 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): June 27, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
12, Presidential statement.
Public Law 101-218, 103 Stat. 1859
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
referred to as the "Renewable Energy and Energy Efficiency Technology
Competitiveness Act "42 USC 12001 note" of 1989".
SEC. 2. "42 USC 12001" FINDING, PURPOSE, AND GENERAL AUTHORITY.
(a) FINDING. -- The Congress finds that it is in the national
security and economic interest of the United States to foster greater
efficiency in the use of available energy supplies and greater use of
renewable energy technologies.
(b) PURPOSE. -- It is the purpose of this Act to authorize the
Secretary of Energy, acting in accordance with authority contained in
the Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5901-5920) and other law applicable to the Secretary, to pursue
an aggressive national program of research, development, and
demonstration of renewable energy and energy efficiency technologies in
order to ensure a stable and secure future energy supply by --
(1) achieving as soon as practicable cost competitive use of
those technologies without need of Federal financial incentives;
(2) establishing long-term Federal research goals and multiyear
funding levels;
(3) directing the Secretary to undertake initiatives to improve
the ability of the private sector to commercialize in the near
term renewable energy and energy efficiency technologies; and
(4) fostering collaborative research and development efforts
involving the private sector through government support of a
program of joint ventures.
(c) GENERAL AUTHORITY. -- The Secretary, acting in accordance with
the authority contained in the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901-5920) and other law applicable
to the Secretary --
(1) is authorized and directed to --
(A) pursue a program of research, development, and
demonstration, including the use of joint ventures with the
private sector, to achieve the purpose of this Act, including the
goals established under section 4; and
(B) undertake joint ventures as provided in section 6; and
(2) is authorized to undertake, from time to time, joint
ventures in technology areas other than those set forth in section
6(c), subject to the conditions set forth in section 6(b).
SEC. 3. "42 USC 12002" DEFINITIONS.
As used in this Act --
(1) the term "invention" means an invention or discovery that
is patented or for which a patent may be obtained under title 35,
United States Code, or any novel variety of plant that is
protected or for which plant variety protection may be obtained
under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) and
that is conceived or reduced to practice as a result of work under
an agreement entered into under this Act;
(2) "joint venture" means any agreement entered into under this
Act by the Secretary with more than one or a consortium of
non-Federal persons (including a joint venture under the National
Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) for
cost-shared research, development, or demonstration of
technologies, but does not include procurement contracts, grant
agreements, or cooperative agreements as those terms are used in
sections 6303, 6304, and 6305 of title 31, United States Code;
(3) the term "non-Federal person" means an entity located in
the United States, the controlling interest (as defined by the
Secretary) of which is held by persons of the United States
including --
(A) a for-profit business;
(B) a private foundation;
(C) a nonprofit organization such as a university;
(D) a trade or professional society; and
(E) a unit of State or local government;
(4) the term "Secretary" means the Secretary of Energy;
(5) the term "small business", with respect to a participant in
any joint venture under this Act, means a private firm that does
not exceed the numerical size standard promulgated by the Small
Business Administration under section 3(a) of the Small Business
Act (15 U.S.C. 632(a)) for the Standard Industrial Classification
(SIC) code designated by the Secretary of Energy as the primary
business activity to be undertaken in the venture; and
(6) the term "United States" means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other Commonwealth,
territory, or possession of the United States.
SEC. 4. "42 USC 12003" NATIONAL GOALS AND MULTI-YEAR FUNDING FOR
FEDERAL WIND, PHOTOVOLTAICS, AND SOLAR THERMAL PROGRAMS.
(a) NATIONAL GOALS. -- The following are declared to be the national
goals for the wind, photovoltaics, and solar thermal energy programs
being carried out by the Secretary:
(1) WIND. -- (A) In general, the goals for the Wind Energy
Research Program include improving design methodologies and
developing more reliable and efficient wind turbines to increase
the cost competitiveness of wind energy. Research efforts shall
emphasize --
(i) activities that address near-term technical problems and
assist private sector exploitation of market opportunities of the
wind energy industry;
(ii) developing technologies such as advanced airfoils and
variable speed generators to increase wind turbine output and
reduce maintenance costs by decreasing structural stress and
fatigue;
(iii) increasing the basic knowledge of aerodynamics,
structural dynamics, fatigue, and electrical systems interactions
as applied to wind energy technology; and
(iv) improving the compatibility of electricity produced from
wind farms with conventional utility needs.
(B) Specific goals for the Wind Energy Research Program shall
be to --
(i) reduce average wind energy costs to 3 to 5 cents per
kilowatt hour by 1995;
(ii) reduce capital costs of new wind energy systems to $500 to
$750 per kilowatt of installed capacity by 1995;
(iii) reduce operation and maintenance costs for wind energy
systems to less than one cent per kilowatt hour by 1995; and
(iv) increase capacity factors for new wind energy systems to
25 to 35 percent by 1995.
(2) PHOTOVOLTAICS. -- (A) In general, the goals of the
Photovoltaic Energy Systems Program shall include improving the
reliability and conversion efficiencies of and lowering the costs
of photovoltaic conversion. Research efforts shall emphasize
advancements in the performance, stability, and durability of
photovoltaic materials.
(B) Specific goals of the Photovoltair Energy Systems Program
shall be to --
(i) improve operational reliability of photovoltair modules to
30 years by 1995;
(ii) increase photovoltaic conversion efficiencies by 20
percent by 1995;
(iii) decrease new photovoltaic module direct manufacturing
costs to $800 per kilowatt by 1995; and
(iv) increase cost efficiency of photovoltaic power production
to 10 cents per kilowatt hour by 1995.
(3) SOLAR THERMAL. -- (A) In general, the goal of the Solar
Thermal Energy Systems Program shall be to advance research and
development to a point where solar thermal technology is
cost-competitive with conventional energy sources, and to promote
the integration of this technology into the production of
industrial process heat and the conventional utility network.
Research and development shall emphasize development of a thermal
storage technology to provide capacity for shifting power to
periods of demand when full insolation is not available;
improvement in receivers, energy conversion devices, and
innovative concentrators using stretch membranes, lenses, and
other materials; and exploration of advanced manufacturing
techniques.
(B) Specific goals of the Solar Thermal Energy Systems Program
shall be to --
(i) reduce solar thermal costs for industrial process heat to
$9.00 per million Btu by 1995; and
(ii) reduce average solar thermal costs for electricity to 4 to
5 cents per kilowatt hour by 1995.
(4) OTHER TECHNOLOGIES. -- The Secretary shall submit to the
Congress, as part of the first report submitted under section 9,
recommendations for specific cost goals and other pertinent goals
for 1995 for Department of Energy research, development, and
demonstration programs in Biofuels Energy Systems, Hydrogen Energy
Systems, Solar Buildings Energy Systems, Ocean Energy Systems,
Geothermal Energy Systems, Low-Head Hydro, and Energy Storage
Systems.
(b) AMENDED GOALS. -- Whenever the Secretary determines that any of
the goals established under this section is no longer appropriate, the
Secretary shall notify Congress, as part of a report submitted under
section 9, of the reason for the determination and provide an amended
goal that is consistent with the purpose stated in section 2(b).
(c) AUTHORIZATIONS. -- There are authorized to be appropriated to
the Secretary for the following renewable energy research, development,
and demonstration programs: the Wind Energy Research Program, the
Photovoltaic Energy Systems Program, the Solar Thermal Energy Systems
Program, the Biofuels Energy Systems Program, the Hydrogen Energy
Systems Program, the Solar Buildings Energy Systems Program, the Ocean
Energy Systems Program, and the Geothermal Energy Systems Program --
(1) not to exceed $113,000,000 for fiscal year 1991, of which
--
(A) not to exceed $39,000,000 shall be available for the
Photovoltaic Energy Systems Program;
(B) not to exceed $19,000,000 shall be available for the
Geothermal Energy Systems Program; and
(C) not to exceed $4,000,000 shall be available for the
Hydrogen Energy Systems Program;
(2) not to exceed $121,000,000 for fiscal year 1992, of which
--
(A) not to exceed $40,000,000 shall be available for the
Photovoltaic Energy Systems Program;
(B) not to exceed $20,500,000 shall be available for the
Geothermal Energy Systems Program; and
(C) not to exceed $5,000,000 shall be available for the
Hydrogen Energy Systems Program; and
(3) not to exceed $124,000,000 for fiscal year 1993, of which
--
(A) not to exceed $40,000,000 shall be available for the
Photovoltaic Energy Systems Program;
(B) not to exceed $23,000,000 shall be available for the
Geothermal Energy Systems Program; and
(C) not to exceed $6,000,000 shall be available for the
Hydrogen Energy Systems Program.
Each of the President's annual budget requests submitted to Congress
after the date of enactment of this Act shall include as separate line
items each of the categories of renewable energy programs described in
this subsection.
SEC. 5. "42 USC 12004" ENERGY EFFICIENCY AUTHORIZATIONS.
There are authorized to be appropriated to the Secretary for the
following energy efficiency research, development, and demonstration
programs: transportation, industrial, buildings and community systems,
multi-sector, and policy and management --
(1) not to exceed $201,100,000 for fiscal year 1991, of which
--
(A) not to exceed $68,300,000 shall be available for the
transportation program; and
(B) not to exceed $53,500,000 shall be available for the
industrial program;
(2) not to exceed $210,600,000 for fiscal year 1992, of which
--
(A) not to exceed $71,000,000 shall be available for the
transportation program; and
(B) not to exceed $54,700,000 shall be available for the
industrial program; and
(3) not to exceed $225,000,000 for fiscal year 1993, of which
--
(A) not to exceed $73,900,000 shall be available for the
transportation program; and
(B) not to exceed $56,900,000 shall be available for the
industrial program.
SEC. 6. "42 USC 12005" JOINT VENTURES.
(a) FINDINGS AND PURPOSE. --
(1) FINDINGS. -- For purposes of this section, Congress finds
that joint ventures can --
(A) improve coordination in technology development among firms
in industries attempting to commercialize renewable energy and
energy efficiency technologies;
(B) facilitate transfer of renewable energy and energy
efficiency technologies, including critical enabling technologies,
to the private sector; and
(C) enhance the ability of domestic firms to compete with
foreign enterprises in sales of renewable energy and energy
efficiency technologies.
(2) PURPOSE. -- The purpose of this section is to direct the
Secretary to make use of joint ventures to further
commercialization of renewable energy and energy efficiency
technologies.
(b) JOINT VENTURES. --
(1) ESTABLISHMENT. -- The Secretary shall solicit proposals
for joint ventures in each of the technology areas under
subsection (c). The Secretary shall select at least one joint
venture in each of those technology areas, unless no qualified
proposals in that area are received. Each joint venture selected
under this section shall include at least one for-profit business.
Research and development activities supported under this section
shall be performed in the United States. Each joint venture under
this section shall require the manufacture and reproduction,
substantially within the United States, for commercial sale of any
invention that may result from the joint venture.
(2) COST SHARING. --
(A) The Secretary shall require at least 50 percent of the
costs directly and specifically related to any joint venture under
this section, including cash, personnel, services, equipment, and
other resources, to be provided from non-Federal sources.
(B) The Secretary may reduce the amount of the costs required
to be provided by any joint venture under subparagraph (A) upon
application if the Secretary determines that --
(i) the joint venture is composed exclusively of small
businesses or of small businesses and nonprofit entities; and
(ii) the reduction is appropriate and necessary for the
successful operation of the proposed joint venture.
(C) The extent of cost sharing provided under proposals shall
be a criterion for selection of proposals under this section.
(3) ADVISORY COMMITTEE. -- (A) The Secretary shall establish
an Advisory Committee on Renewable Energy and Energy Efficiency
Joint Ventures (hereafter in this Act referred to as the "Advisory
Committee") to advise the Secretary on the development of the
solicitation and evaluation criteria for joint ventures, and on
otherwise carrying out his responsibilities under this section.
The Secretary shall appoint members to the Advisory Committee,
including at least one member representing --
(i) the Secretary of Commerce;
(ii) the National Laboratories of the Department of Energy;
(iii) the Solar Energy Research Institute;
(iv) the Electric Power Research Institute;
(v) the Gas Research Institute;
(vi) the National Institute of Building Sciences;
(vii) the National Institute of Standards and Technology;
(viii) associations of firms in the major renewable energy
manufacturing industries; and
(ix) associations of firms in the major energy efficiency
manufacturing industries.
The Advisory Committee may establish such subcommittees as it
considers necessary to carry out this Act.
(B) The Advisory Committee, within 120 days after its
establishment, shall provide the Secretary with recommendations
regarding the structure and selection criteria for a solicitation
of proposals for joint ventures. The Advisory Committee shall
also advise the Secretary from time to time on the implementation
of the joint venture program. Recommendations of the Advisory
Committee shall be available to the public.
(4) DRAFT SOLICITATION AND PUBLIC COMMENT. -- The Secretary
shall issue a draft solicitation for joint ventures by September
30, 1990. After such draft solicitation has been issued, the
Secretary shall provide for a period of public comment before the
issuance of a final solicitation.
(5) PROTECTION OF PROPRIETARY RIGHTS. -- Joint ventures,
participants in joint ventures, and inventions developed as a
result of joint ventures under this section shall be subject to
section 5 of the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988 (15 U.S.C. 5104).
(c) TECHNOLOGIES. --
(1) PHOTOVOLTAIC TECHNOLOGY. -- (A) The Secretary shall
solicit proposals for and provide financial assistance to at least
one joint venture for the demonstration of photovoltair conversion
of solar energy in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this
paragraph shall be to design, test, and demonstrate critical
enabling technologies for photovoltaic conversion of solar energy
so as to achieve, to the maximum extent practicable, the goalss of
the Photovoltaic Energy Systems Program set forth in section
4(a)(2), as those goals may be amended under section 4(b).
(C) There are authorized to be appropriated to the Secretary
not to exceed $2,700,000 for each of the fiscal years 1991, 1992,
and 1993 to carry out this paragraph.
(2) WIND ENERGY TECHNOLOGY. -- (A) The Secretary shall solicit
proposals for and provide financial assistance to at least one
joint venture for the demonstration of the conversion of wind
energy in accordance with the provisions of this paragraph.
(B) The purpose of joint ventures supported under this
paragraph shall be to design, test, and demonstrate critical
enabling technologies for the conversion of wind energy so as to
achieve, to the maximum extent practicable, the goals of the Wind
Energy Research Program set forth in section 4(a)(1), as those
goals may be amended under section 4(b).
(C) There are authorized to be appropriated to the Secretary
not to exceed $2,700,000 for each of the fiscal years 1991, 1992,
and 1993 to carry out this paragraph.
(3) SOLAR THERMAL TECHNOLOGY. -- (A) The Secretary shall
solicit proposals for and provide financial assistance to at least
one joint venture for the demonstration of the use of solar
thermal energy in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this
paragraph shall be to design, test, and demonstrate critical
enabling technologies for the use of solar thermal energy so as to
achieve, to the maximum extent practicable, the goals of the Solar
Thermal Energy Systems Program set forth in section 4(a)(3), as
those goals may be amended under section 4(b).
(C) There are authorized to be appropriated to the Secretary
not to exceed $2,400,000 for each of the fiscal years 1991, 1992,
and 1993 to carry out this paragraph.
(4) FACTORY-MADE HOUSING. -- (A) The Secretary shall solicit
proposals for and provide financial assistance to at least one
joint venture in order to establish regional projects to develop
or demonstrate techniques to improve the energy performance of
factory-made housing offered by United States firms. In locating
projects under this paragraph, the Secretary shall consider
regional differences in housing needs, housing design,
construction technique, marketing practices, and construction
materials.
(B) Projects supported pursuant to this paragraph shall be
designed to demonstrate state-of-the-art product quality, energy
efficiency, and adaptability to renewable forms of energy of
factory-made housing offered for sale in the United States. Such
projects shall --
(i) be structured to demonstrate improvements in housing
design, fabrication, delivery systems, construction processes, and
marketing;
(ii) develop a detailed characterization of the needs of the
home building industry;
(iii) establish a close working relationship with all sectors
of the home building industry; and
(iv) be coordinated to pool and conserve resources.
(C) There are authorized to be appropriated to the Secretary
not to exceed $5,000,000 for each of the fiscal years 1991, 1992,
and 1993 to carry out this paragraph.
(5) ADVANCED DISTRICT COOLING TECHNOLOGY. -- (A) The Secretary
shall solicit proposals for and provide financial assistance to at
least one joint venture for the demonstration of advanced district
cooling technologies that are applicable in cities with high
cooling loads, in accordance with the provisions of this
paragraph.
(B) The purpose of joint ventures supported under this
paragraph shall be to develop technical strategies for decreasing
the capital cost and increasing the energy efficiency of major
district heating and cooling system components and to assist in
making district cooling available to local governments.
(C) The Secretary shall select a city or cities for application
of advanced district cooling technologies developed by joint
ventures supported under this paragraph. The activities to be
carried out in such application shall include district cooling
assessment, feasibility, and engineering design studies.
(D) There are authorized to be appropriated to the Secretary
not to exceed $1,000,000 for each of the fiscal years 1991, 1992,
and 1993 to carry out this paragraph.
(d) SECRETARIAL DISCRETION. -- (1) If the Secretary, based on the
recommendations of the Advisory Committee under subsection (b)(3)(B),
with respect to a technology described in paragraph (1), (2), (3), (4),
or (5) of subsection (c), determines, that --
(A) there is insufficient private sector interest in joint
ventures for the demonstration of such technology to satisfy the
requirement of subsection (b)(2); or
(B) such joint ventures will substantially substitute for
research, development, and demonstration activities already
financed by the private sector,
then the Secretary shall not be subject to the requirements of this
section with respect to the technology described in such paragraph, and
the Secretary shall notify Congress and provide a written explanation of
the reasons for the determination.
(2) Promptly after notifying the Congress under paragraph (1), the
Secretary shall consult with the Advisory Committee, and, based on the
recommendations of such Committee, shall promptly transmit to Congress a
plan for the selection of a substitute field or technology in which to
solicit joint ventures that develop or demonstrate, consistent with this
section, an alternate renewable energy or energy efficiency technology
so as to accomplish the purpose of this Act. Any unexpended funds
authorized to be appropriated under subsection (c) for joint ventures
with respect to which a determination is made under paragraph (1) may be
used for a substitute joint venture selected under this paragraph.
(3) When 30 calendar days have elapsed after transmittal of a plan
under paragraph (2), the Secretary shall proceed with solicitations for
joint ventures appropriate to that plan as if such joint ventures were
required under subsection (c).
(e) ADDITIONAL JOINT VENTURES. -- (1) The Secretary shall recommend
to the Congress three additional joint ventures in the fields of
renewable energy or energy efficiency technologies for fiscal year 1993.
Each proposed project shall be described in sufficient detail to
support congressional authorization.
(2) In selecting proposed projects under this subsection, the
Secretary shall consider the recommendations of the Advisory Committee,
and shall take into account the extent to which such projects will
contribute to earlier commercialization of key technologies than might
not occur without Federal support under this subsection, and the extent
to which such projects will contribute to the competitiveness of United
States firms engaged in international trade in renewable energy or
energy efficiency technologies.
(3) Joint ventures supported pursuant to a recommendation under this
subsection shall be carried out as if they were required under
subsection (c).
SEC. 7. RENEWABLE ENERGY EXPORTS.
(a) DISSEMINATION OF INFORMATION; ACCESS TO FOREIGN MARKETS. --
Section 256(c)(2)(D) of the Energy Policy and Conservation Act (42
U.S.C. 6276(c)(2)(D)) is amended --
(1) in clause (i), by inserting after "commerce," the
following: "and to potential end users, including other industry
sectors in foreign countries such as health care, rural
development, communications, and refrigeration, and others,"; and
(2) in clause (ii), by striking "export opportunities" and
inserting in lieu thereof "export and export financing
opportunities".
(b) AUTHORIZATION AND PROGRAM. -- Section 256(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6276(d)) is amended --
(1) by inserting "(1)" after "(d)"; and
(2) by adding at the end the following new paragraph:
"(2) The interagency group shall establish a program to inform other
countries of the benefits of policies that would allow small facilities
which produce renewable energy to compete effectively with producers of
energy from nonrenewable sources.".
(c) REPORT, FUNCTIONS, AND AUTHORIZATIONS. -- Section 256 of the
Energy Policy and Conservation Act (42 U.S.C. 6276) is amended by adding
at the end the following new subsections:
"(e) The interagency working group established under subsection (d)
shall annually report to Congress, describing the actions of each agency
represented by a member of the working group taken during the previous
fiscal year to achieve the purposes of such working group and of this
section. Such report shall describe the exports of renewable energy
technology that have occurred as a result of such agency actions.
"(f)(1) The interagency working group shall --
"(A) establish, in consultation with representatives of
affected industries, a plan to increase United States exports of
renewable energy technologies, and include in such plan
recommended guidelines for agencies that are represented on the
working group with respect to the financing of, or other actions
they can take within their programs to promote, exports of such
renewable energy technologies;
"(B) develop, in consultation with representatives of affected
industries, recommended administrative guidelines for Federal
export loan programs to simplify application by firms seeking
export assistance for renewable energy technologies from agencies
implementing such programs; and
"(C) recommend specific renewable energy technology markets for
primary emphasis by Federal export loan programs, development
programs, and private sector assistance programs.
"(2) The interagency working group shall include a description of the
plan established under paragraph (1)(A) in no later than the second
report submitted under subsection (e), and shall include in subsequent
reports a description of any modifications to such plan and of the
progress in implementing the plan.
"(g) For purposes of this section, the term 'renewable energy'
includes energy efficiency to the extent it is a part of a renewable
energy system or technology.
"(h) There are authorized to be appropriated to the Secretary for
activities of the interagency working group established under subsection
(d) not to exceed --
"(1) $3,000,000 for fiscal year 1991;
"(2) $3,300,000 for fiscal year 1992; and
"(3) $3,600,000 for fiscal year 1993.".
SEC. 8. RENEWABLE ENERGY AND ENERGY EFFICIENCY.
(a) DISSEMINATION OF INFORMATION. -- Section 523 of the National
Energy Conservation Policy Act (42 U.S.C. 8243) is amended by adding a
new subsection (d) as follows:
"(d) In order to more widely disseminate information about the
program under this part and under part 3 and the benefits of renewable
energy and energy efficient technology, the Secretary shall establish a
program which includes site visits and technical briefings, to
disseminate such information to Federal procurement officers and Federal
loan officers. The Secretary shall utilize available funds for the
program under this subsection.".
(b) DEPARTMENT OF DEFENSE HOUSING. -- Section 2857(b)(1) of title
10, United States Code, is amended by striking "significant savings of
fossil-fuel-derived energy" and inserting in lieu thereof "reduced
energy costs".
(c) OVERSEAS PRIVATE INVESTMENT CORPORATION LOANS. -- Section 234(e)
of the Foreign Assistance Act "22 USC 2194" of 1961 is amended --
(1) in the first sentence, by inserting after "cooperatives"
the following: "and including the initiation of incentives,
grants, and studies for renewable energy and other small business
activities"; and
(2) by adding at the end thereof the following new sentence:
"Administrative funds may not be made available for incentives,
grants, and studies for renewable energy and other small business
activities.".
SEC. 9. "42 USC 12006" REPORTS.
(a) REPORT BY THE SECRETARY. -- One year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
report to Congress on the programs, projects, and joint ventures
supported under this Act and the progress being made toward
accomplishing the goals and purposes set forth in this Act.
(b) NATIONAL RENEWABLE ENERGY AND ENERGY EFFICIENCY MANAGEMENT PLAN.
--
(1) The Secretary, in consultation with the Advisory Committee,
shall prepare a management plan to be administered and carried out
by the Secretary in the conduct of activities under this Act.
(2) After opportunity for public comment and consideration, as
appropriate, of such comment, the Secretary shall publish the
plan.
(3) In addition to describing the Secretary's intentions for
administering this Act, the plan shall include a comprehensive
strategy for assisting the private sector --
(A) in commercializing the renewable energy and energy
efficiency technologies developed under this Act; and
(B) in meeting competition from foreign suppliers of products
derived from renewable energy and energy efficiency technologies.
(4) The plan shall address the role of federally-assisted
research, development, and demonstration in the achievement of
applicable national policy goals of the National Energy Policy
Plan required under section 801 of the Department of Energy
Organization Act (42 U.S.C. 7321).
(5) The plan shall accompany the President's annual budget
submission to the Congress.
(c) REPORT ON OPTIONS. -- As part of the first report submitted
under subsection (a), the Secretary shall submit to Congress a report
analyzing options available to the Secretary under existing law to
assist the private sector with the timely commercialization of wind,
photovoltaic, solar thermal, biofuels, hydrogen, solar buildings, ocean,
geothermal, low-head hydro, and energy storage renewable energy
technologies and energy efficiency technologies through emphasis on
development and demonstration assistance to specific technologies in the
research, development, and demonstration programs of the Department of
Energy that are near commercial application.
SEC. 10. "42 USC 12007" NO ANTITRUST IMMUNITY OR DEFENSES.
Nothing in this Act shall be deemed to convey to any person,
partnership, corporation, or other entity immunity from civil or
criminal liability under any antitrust law or to create defenses to
actions under any antitrust law. As used in this section, "antitrust
laws" means those Acts set forth in section 1 of the Clayton Act (15
U.S.C. 12, as amended.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- S. 488 (H.R. 1216):
HOUSE REPORT: No. 101-308, Pt. 1 (Comm. on Science, Space, and
Technology) and Pt. 2 (Comm. on Energy and Commerce), accompanying H.R.
1216.
SENATE REPORT: No. 101-107 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): Sept. 22, considered and
passed Senate. Nov. 17, H.R. 1216 considered and passed House;
proceedings vacated and S. 488, amended, passed in lieu. Senate
concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
11, Presidential statement.
Public Law 101-217, 103 Stat. 1857
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT AFFECTING THE 1989 CROPS.
Effective only for the 1989 crops, section 1001(5)(D) of the Food
Security Act of 1985 (7 U.S.C. 1308(5)(D)) is amended to read as
follows:
"(D)(i) Except as provided in clause (ii), any person that
conducts a farming operation to produce a crop subject to
limitations under this section as a tenant that rents the land for
cash (or a crop share guaranteed as to the amount of the commodity
to be paid in rent) and that makes a significant contribution of
active personal management but not of personal labor shall be
considered the same person as the landlord unless the tenant makes
a significant contribution of equipment used in the farming
operation.
(ii) A tenant that because of any act or failure to act would
otherwise be considered the same person as the landlord under
clause (i) shall not be considered the same person as the landlord
if the Secretary has at any time made a determination, for
purposes of this section, regarding the number of persons with
respect to the tenant's operation on such land for the 1989 crop
year and the landlord did not consent to or knowingly participate
in such act or failure to act.
(iii) Any tenant that would be considered to be the same person
as the landlord but for the operation of clause (ii) shall be
eligible to receive any payment specified in paragraph (1) or (2)
or subtitle D of title XII with respect to such land only to the
extent that the tenant would be eligible for such payments if the
tenant were to be considered the same person as the landlord under
the regulations in place immediately prior to the enactment of
this subparagraph.".
SEC. 2. AMENDMENT AFFECTING THE 1990 CROPS.
Effective only for the 1990 crops, section 1001(5)(D) of the Food
Security Act of 1985 (7 U.S.C. 1308(5)(D)) is amended to read as
follows:
"(D) Any person that conducts a farming operation to produce a
crop subject to limitations under this section as a tenant that
rents the land for cash (or a crop share guaranteed as to the
amount of the commodity to be paid in rent) and that makes a
significant contribution of active personal management but not of
personal labor shall be ineligible to receive any payment
specified in paragraph (1) or (2) or subtitle D of title XII with
respect to such land unless the tenant makes a significant
contribution of equipment used in the farming operation.".
SEC. 3. "7 USC 1308 note" EQUITABLE RELIEF.
Nothing in this Act shall be construed in any way to limit the
authority of the Secretary of Agriculture to provide equitable relief
under any provision of law.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.R. 3620:
HOUSE REPORTS: No. 101-358 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 14, considered and
passed House. Nov. 20, considered and passed Senate, amended. Nov. 21,
House concurred in Senate amendments.
Public Law 101-216, 103 Stat. 1853
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 "22 USC 2251 note" may be cited as the "Arms Control and
Disarmament Amendments Act of 1989".
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1988.
Section 49(a) of the Arms Control and Disarmament Act "22 USC 2589"
is amended to read as follows:
"SEC. 49. (a) To carry out the purposes of this Act, there are
authorized to be appropriated --
"(A) $36,000,000 for the fiscal year 1990 and $37,316,000 for
the fiscal year 1991; and
"(B) such additional amounts as may be necessary for fiscal
years 1990 and 1991 for increases in salary, pay, retirement,
other employee benefits authorized by law, and other
nondiscretionary costs, and to offset adverse fluctuations in
foreign currency exchange rates.".
SEC. 102. DUTIES OF THE DEPUTY DIRECTOR.
Section 23 of the Arms Control and Disarmament Act (22 U.S.C. 2563)
is amended in the second sentence to read as follows: "The Deputy
Director shall have direct responsibility, under the supervision of the
Director, for the administrative management of the Agency,
intelligence-related activities, security, and the Special Compartmental
Intelligence Facility, and shall perform such other duties and exercise
such other powers as the Director may prescribe.".
SEC. 103. DUTIES OF THE SPECIAL REPRESENTATIVES.
(a) IN GENERAL. -- Section 27 of the Arms Control and Disarmament
Act (22 U.S.C. 2567) is amended by striking out "who shall perform" and
all that follows through the period and inserting in lieu thereof the
following: ", one of whom should serve as special representative for
conventional arms control negotiations, and the other should serve as
special representative and chief science advisor to the Director. The
two Special Representatives shall perform their duties and exercise
their powers under the direction of the President and the Secretary of
State, acting through the Director.".
(b) APPLICATION. -- The amendment made by subsection (a) "22 USC
2567 note" shall apply with respect to individuals who are appointed as
Special Representatives on or after the date of enactment of this Act.
SEC. 104. "22 USC 2565 note" ARMS CONTROL IMPLEMENTATION AND
COMPLIANCE RESOLUTION.
The Director of the United States Arms Control and Disarmament Agency
should study, and report to the Congress on, the advisability of
establishing in the Agency an arms control implementation and compliance
resolution bureau, or other organizational unit, that would be
responsible for --
(1) managing the implementation of existing and future arms
control agreements;
(2) coordinating the activities of the Special Verification
Commission and the Standing Consultative Commission; and
(3) preparing comprehensive analyses and policy positions
regarding the effective resolution of arms control compliance
questions.
SEC. 105. "22 USE 2577a" ARMS CONTROL VERIFICATION.
(a) ESTABLISHMENT OF WORKING GROUP. -- The President should
establish a working group --
(1) to examine verification approaches to a strategic arms
reduction agreement and other arms control agreements; and
(2) to assess the relevance for such agreements of the
verification provisions of the Treaty Between the United States
and the Union of Soviet Socialist Republics on the Elimination of
Their Intermediate-Range and Shorter-Range Missiles (signed at
Washington, December 8, 1987).
(b) INFORMATION AND DATA BASE. -- (1) The Agency shall allocate
sufficient resources to develop and maintain a comprehensive information
and data base on verification concepts, research, technologies, and
systems. The Agency shall collect, maintain, analyze, and disseminate
information pertaining to arms control verification and monitoring,
including information regarding --
(A) all current United States bilateral and multilateral arms
treaties; and
(B) proposed, prospective, and potential bilateral or
multilateral arms treaties in the areas of nuclear, conventional,
chemical, and space weapons.
(2) The Agency shall seek to improve United States verification and
monitoring activities through the monitoring and support of relevant
research and analysis.
(3) The Agency shall provide detailed information on the activities
pursuant to this section in its annual report to the Congress.
SEC. 106. EXPENSES OF TRAVEL CONTINUING BEYOND THE END OF THE FISCAL
YEAR.
Section 48 of the Arms Control and Disarmament Act (22 U.S.C. 2588)
is amended by inserting after "personal effects" the following:
"(including any such travel or transportation any part of which begins
in one fiscal year pursuant to travel orders issued in that fiscal year,
but which is completed after the end of that fiscal year)".
SEC. 107. REPORTING REQUIREMENT ON PROSPECTS FOR CONVERSION OF
UNITED STATES DEFENSE INDUSTRIES.
The Director of the United States Arms Control and Disarmament
Agency, in consultation with the Secretary of Defense and the Secretary
of Commerce, shall study, and (not later than 180 days after the date of
enactment of this Act) submit to the Congress a report, on concrete
steps which could be taken to improve prospects for conversion of
portions of United States defense industries to nondefense-related
activities as opportunities are presented through the achievement of
successful arms control agreements.
SEC. 201. ON-SITE INSPECTION AGENCY.
The Arms Control and Disarmament Act is amended by adding at the end
the following:
"SEC. 61. "22 USC 2595" FINDINGS.
"The Congress finds that --
"(1) under this Act, the United States Arms Control and
Disarmament Agency is charged with the 'formulation and
implementation of United States arms control and disarmament
policy in a manner which will promote the national security';
"(2) as defined in this Act, the terms 'arms control' and
'disarmament' mean 'the identification, verification, inspection,
limitation, control, reduction, or elimination, of armed forces
and armaments of all kinds under international agreement to
establish an effective system of international control';
"(3) the On-Site Inspection Agency was established in 1988
pursuant to the INF Treaty to implement on behalf of the United
States, the inspection provisions of the INF Treaty;
"(4) on-site inspection activities under the INF Treaty include
--
"(A) inspections in the Soviet Union, Czechoslovakia, and the
German Democratic Republic,
"(B) escort duties for Soviet teams visiting the United States
and the Basing Countries,
"(C) establishment and operation of the Portal Monitoring
Facility in the Soviet Union, and
"(D) support for the Soviet inspectors at the Portal Monitoring
Facility in Utah;
"(5) the personnel of the On-Site Inspection Agency include
civilian technical experts, civilian support personnel, and
members of the Armed Forces; and
"(6) the senior officials of the On-Site Inspection Agency
include representatives from the United States Arms Control and
Disarmament Agency and the Department of State.
"SEC. 62. "22 USC 2595a" POLICY COORDINATION CONCERNING
IMPLEMENTATION OF ON-SITE INSPECTION PROVISIONS.
"(a) INTERAGENCY COORDINATION. -- OSIA should receive policy
guidance which is formulated through an interagency mechanism
established by the President.
"(b) ROLE OF THE SECRETARY OF DEFENSE. -- The Secretary of Defense
should provide to OSIA appropriate policy guidance formulated through
the interagency mechanism described in subsection (a) and operational
direction, consistent with section 113(b) of title 10, United States
Code.
"(c) ROLE OF THE DIRECTOR. -- The Director should provide to the
interagency mechanism described in subsection (a) appropriate
recommendations for policy guidance to OSIA consistent with sections
2(d), 22, and 34(c) of this Act.
"SEC. 63. "22 USC 2595b" AUTHORIZATIONS OF APPROPRIATIONS FOR
ON-SITE INSPECTION AGENCY.
"There are authorized to be appropriated $49,830,000 for fiscal year
1990 and $48,831,000 for fiscal year 1991 for the expenses of the
On-Site Inspection Agency in carrying out on-site inspection activities
pursuant to the INF Treaty.
"SEC. 64. "22 USC 2595c" DEFINITIONS.
"As used in this title --
"(1) the term 'INF Treaty' means the Treaty Between the United
States and the Union of Soviet Socialist Republics on the
Elimination of Their Intermediate-Range and Shorter-Range Missiles
(signed at Washington, December 8, 1987); and
"(2) the term 'OSIA' means the On-Site Inspection Agency
established by the President, or such other agency as may be
designated by the President to carry out the on-site inspection
provisions of the INF Treaty.".
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.R. 1495 (S. 1868):
HOUSE REPORTS: No. 101-72, Pt. 1 (Comm. on Foreign Affairs) and Pt.
2 (Comm. on Armed Services).
SENATE REPORTS: No. 101-195 accompanying S. 1868 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 135 (1989): Sept. 19, Oct. 12, considered
and passed House. Nov. 17, considered and passed Senate, amended. Nov.
19, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Dec.
11, Presidential statement.
Public Law 101-215, 103 Stat. 1852
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SURVIVAL ASSISTANCE.
(a) AUTHORIZATION. -- The Agency for International Development shall
use unobligated funds made available pursuant to section 8(a) of Public
Law 100-276 to provide medical care and other relief for noncombatant
victims of civil strife in Central America. Such assistance shall be
used to make available prosthetic devices and rehabilitation, provide
medicines and immunizations, assist burn victims, help orphans, and
otherwise provide assistance for noncombatants who have been physically
injured or displaced by civil strife in Central America. Priority shall
be given to those with the greatest needs for assistance.
(b) USE OF PVO'S AND INTERNATIONAL RELIEF ORGANIZATIONS. --
Assistance pursuant to this section shall be provided only through
nonpolitical private and voluntary organizations and international
relief organizations. Preference in the distribution of such assistance
shall be given to organizations presently providing similar services
such as Catholic Relief Services, the International Committee of the Red
Cross, CARE, the United Nations Children's Fund, the United Nations High
Commissioner for Refugees, Partners of the Americas, and the Pan
American Health Organization.
(c) ASSISTANCE IN NICARAGUA. -- Not more than one-half of the
assistance provided under this section may be provided through
nonpolitical private and voluntary organizations and international
relief organizations operating inside Nicaragua. None of the assistance
pursuant to this section may be provided to or through the Government of
Nicaragua.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.R. 3696:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 20, considered and
passed House. Nov. 21, considered and passed Senate.
Public Law 101-214, 103 Stat. 1849
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 425k note" SHORT TITLE.
This Act "16 USC 425k" may be cited as the "Fredericksburg and
Spotsylvania County Battlefields Memorial National Military Park
Expansion Act of 1989".
SEC. 2. REVISION OF PARK BOUNDARIES.
(a) BOUNDARY REVISION. -- In furtherance of the purposes of the Act
entitled "An Act to establish a national military park at and near
Fredericksburg, Virginia, and to mark and preserve historical points
connected with the battles of Fredericksburg, Spotsylvania Court House,
Wilderness, and Chancellorsville, including Salem Church, Virginia",
approved February 14, 1927 (44 Stat. 1091), the Fredericksburg and
Spotsylvania County Battlefields Memorial National Military Park
(hereinafter in this Act referred to as the "park") shall hereafter
comprise the lands and interest in lands within the boundary generally
depicted as "Proposed Park Boundary" on the maps entitled
"Fredericksburg and Spotsylvania National Military Park", numbered
326-40075D/89, 326-40074E/89, 326-40069B/89, 326-40070D/89,
326-40071C/89, 326-40072E/89, 326-40076A/89, and 326-40073D/89, and
dated June 1989. The maps shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior.
(b) EXCLUDED LANDS. -- Lands and interests in lands within the
boundary depicted on the maps referred to in subsection (a) as "Existing
Park Boundary" but outside of the boundary depicted as "Proposed Park
Boundary" are hereby excluded from the park, in accordance with the
provisions of subsection 3(b). The Secretary of the Interior
(hereinafter referred to as the "Secretary") may relinquish to the
Commonwealth of Virginia exclusive or concurrent legislative
jurisdiction over lands excluded from the park by this section by filing
with the Governor a notice of relinquishment. Such relinquishment shall
take effect upon acceptance thereof, or as the laws of the Commonwealth
may otherwise provide.
SEC. 3. "16 USC 425l" ACQUISITIONS AND CONVEYANCES.
(a) ACQUISITION. -- The Secretary is authorized to acquire lands and
interests in lands within the park, by donation, purchase with donated
or appropriated funds or by exchange.
(b) CONVEYANCE OF LANDS EXCLUDED FROM PARK. -- (1) The Secretary is
authorized, in accordance with applicable existing law, to exchange
Federal lands and interests excluded from the park pursuant to
subsection 2(b) for the purpose of acquiring lands within the park
boundary.
(2) If any such Federal lands or interests are not exchanged within
five years after the date of enactment of this Act, the Secretary may
sell any or all such lands or interests to the highest bidder, in
accordance with such regulations as the Secretary may prescribe, but any
such conveyance shall be at not less than the fair market value of the
land or interest, as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to
this subsection shall be subject to such terms and conditions as will
assure the use of the property in a manner which, in the judgment of the
Secretary, will protect the battlefield setting. Notwithstanding any
other provision of law, the net proceeds from any such sale or exchange
shall be used, subject to appropriations, to acquire lands and interests
within the park.
(c) ALTERNATIVE ACCESS. -- In order to facilitate the acquisition by
the United States of existing easements or rights of access across
Federal lands within the park and to provide the owners of such
easements or rights of access with alternative rights of access across
nonpark lands, the Secretary may acquire, by donation, purchase with
donated or appropriated funds, or exchange, interests in land of similar
estate across lands which are not within the park. With or without the
acceptance of payment of cash to equalize the values of the properties,
the Secretary may convey such nonpark lands or interests in lands to the
holders of such existing easements or rights of access across Federal
lands within the park in exchange for their conveyance to the United
States of such easements or rights. Nothing in this Act shall prohibit
the Secretary from acquiring any outstanding easements or rights of
access across Federal lands by donation, purchase with donated or
appropriated funds or by exchange.
(d) CONSERVATION EASEMENTS. -- The Secretary is authorized to accept
donations of conservation easements on lands adjacent to the park. Such
conservation easements shall have the effect of protecting the scenic
and historic resources on park lands and the adjacent lands or
preserving the undeveloped or historic appearance of the park when
viewed from within or without the park.
(e) OTHER PROVISIONS. -- Within the area bounded by the Orange
Turnpike, the Orange Plank Road, and McLaws Drive no improved property
(as defined in section 4) may be acquired without the consent of the
owner thereof unless the Secretary determines that, in his judgment, the
property is subject to, or threatened with, uses which are having, or
would have, an adverse impact on the park.
SEC. 4. "16 USC 425n" RETAINED RIGHTS.
(a) RETENTION OF USE AND OCCUPANCY. -- With the exception of
property which the Secretary determines is necessary for development or
public use, the owner or owners of improved property acquired pursuant
to this Act may retain a right of use and occupancy of such improved
property for noncommercial residential purposes for a definite term of
not more than twenty-five years, or for a term ending at the death of
the owner or the owner's spouse. The owner shall elect the term to be
reserved, except that if the owner is a corporation, trust, partnership,
or any entity other than an individual, the term shall not exceed
twenty-five years. Ownership shall be determined as of June 1, 1989.
Unless the property is wholly or partially donated, the Secretary shall
pay to the owner the fair market value of the property on the date of
such acquisition, less the fair market value of the right retained by
the owner.
(b) TERMS AND CONDITIONS. -- Any rights retained pursuant to this
section shall be subject to such terms and conditions as the Secretary
may prescribe and may be terminated by the Secretary upon his
determination and after reasonable notice to the owner thereof that such
property is being used for any purpose which is incompatible with the
administration, protection, or public use of the park. Such right shall
terminate by operation of law upon notification of the owner by the
Secretary and tendering to the owner an amount equal to the fair market
value of that portion of the right which remains unexpired.
(c) DEFINITION. -- As used in this section, the term "improved
property" means a year-round noncommercial single-family dwelling
together with such land, in the same ownership as the dwelling, as the
Secretary determines is reasonably necessary for the enjoyment of the
dwelling for single-family residential use.
SEC. 5. "16 USC 425n" INTERPRETATION.
In administering the park, the Secretary shall take such action as is
necessary and appropriate to interpret, for the benefit of visitors to
the park and the general public, the battles of Fredericksburg,
Chancellorsville, Spotsylvania Courthouse, and the Wilderness in the
larger context of the Civil War and American history, including the
causes and consequences of the Civil War and including the effects of
the war on all the American people, especially on the American South.
SEC. 6. "16 USC 425o" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of this Act.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.R. 875:
HOUSE REPORTS: No. 101-144 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 101-220 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): July 17, considered and
passed House. Nov. 21, considered and passed Senate, amended. House
concurred in Senate amendments.
Public Law 101-213, 103 Stat. 1843
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 "49 USC app. 1651 note" may be cited as the "Local Rail
Service Reauthorizing Act".
SEC. 2. LOCAL RAIL FREIGHT ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 5(q) of the
Department of Transportation Act (49 U.S.C. App. 1654(q)) is amended --
(1) by striking "and not to exceed $8,000,000 for the fiscal
year ending September 30, 1988" and inserting in lieu thereof "not
to exceed $8,000,000 for the fiscal year ending September 30,
1988, not to exceed $10,000,000 for the fiscal year ending
September 30, 1989, and not to exceed $15,000,000 for the fiscal
year ending September 30, 1990"; and
(2) by striking "after September 30, 1988" and inserting in
lieu thereof "after September 30, 1990".
(b) FISCAL YEAR 1990 FUNDS. -- (1) With respect to funds
appropriated for carrying out section 5(i) of the Department of
Transportation Act for fiscal year 1990, each State must apply for such
funds within 60 days after the date of enactment of legislation
authorizing appropriations for that fiscal year. Upon receipt of an
application under such subsection, the Secretary shall consider the
application and notify the State submitting such an application as to
its approval or disapproval within 60 days. Funds provided under this
subsection shall remain available to a State for obligation for the
first 3 months after the end of the fiscal year for which such funds
have been made available. Any funds which have not been timely applied
for under this subsection, or which have remained unobligated after the
expiration of the period described in the previous sentence, shall be
made available to the Secretary for rail freight assistance projects
meeting the requirements of this section.
(2) With respect to funds appropriated for carrying out section 5(h)
of the Department of Transportation Act for fiscal year 1990, the
Secretary shall establish such procedures as are necessary to ensure
that funds available to the Secretary for use for rail service
assistance projects are distributed by April 1, 1990. If any funds are
not distributed by that date, the Secretary shall report to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
status of such funds and the reasons for the delay in distribution.
(3) Section 4021(a)(2) "45 USC 1321" of Public Law 99-509 is
repealed.
(c) LOCAL RAIL FREIGHT ASSISTANCE PROGRAM. -- Section 5 of the
Department of Transportation Act (49 U.S.C. App. 1654) is amended to
read as follows:
"SEC. 5. (a) A State is eligible to receive rail freight assistance
under this section if --
"(1) such State has established an adequate plan for rail
services in such State, including a suitable process for updating,
revising, and amending such plan;
"(2) such State plan is administered or coordinated by a
designated State agency and provides for the equitable
distribution of resources;
"(3) such State agency --
"(A) has authority and administrative jurisdiction to develop,
promote, supervise, and support safe, adequate, and efficient rail
transportation services;
"(B) employs or will employ, directly or indirectly, sufficient
trained and qualified personnel;
"(C) maintains or will maintain adequate programs of
investigation, research, promotion, and development, with
provisions for public participation; and
"(D) is designated and directed solely, or in cooperation with
other State agencies, to take all practicable steps to improve
rail transportation safety and to reduce transportation-related
energy utilization and pollution;
"(4) such State provides satisfactory assurance that it has or
will adopt and maintain adequate procedures for financial control,
accounting, and performance evaluation in order to assure proper
use of Federal funds; and
"(5) such State complies with regulations of the Secretary
issued under this section and the Secretary determines that such
State meets or exceeds the requirements of paragraphs (1) through
(4) of this subsection.
"(b) The Secretary shall, in accordance with this section, provide
financial assistance to States for rail freight assistance projects that
are designed to cover --
"(1) the cost of acquiring, by purchase, lease, or in such
other manner as the State considers appropriate, a line of
railroad or other rail properties, or any interest therein, to
maintain existing or provide for future rail freight service, but
only if the Interstate Commerce Commission has authorized, or has
exempted from the requirements of such authorization, the
abandonment of, or the discontinuance of rail service on, the line
of railroad related to the project;
"(2) the cost of rehabilitating or improving rail properties on
a line of railroad to the extent necessary to permit adequate and
efficient rail freight service on such line, but only if the line
of railroad related to the project is certified by the railroad as
having carried 5 million gross ton miles of freight or less per
mile during the prior year; and
"(3) the cost of constructing rail or rail related facilities
(including new connections between two or more existing lines of
railroad, intermodal freight terminals, sidings, bridges, and
relocation of existing lines) for the purpose of improving the
quality and efficiency of rail freight service, but only if the
line of railroad related to the project is certified by the
railroad as having carried 5 million gross ton miles of freight or
less per mile during the prior year.
"(c)(1) No project shall be provided rail freight assistance under
this section unless the line of railroad related to the project is
certified by the railroad as having carried more than 20 carloads per
mile during the most recent year of operation of service on such line.
In a case where the railroad is no longer in existence, the applicant
shall provide such information in the manner prescribed by the
Secretary. The Secretary may waive the requirement of this paragraph
upon a determination that the line of railroad is contractually
guaranteed at least 40 carloads per mile for each of the first 2 years
of operation if the proposed project is carried out, and the Secretary
finds that there is a reasonable expectation that such contractual
guarantee will be fulfilled.
"(2) No project shall be provided rail freight assistance under this
section unless the ratio of benefits to costs for such project,
calculated in accordance with the methodology established by the
Secretary under subsection (n), is greater than 1.0.
"(d) A State shall use assistance provided under subsection (b) of
this section as follows:
"(1) The State may grant or loan funds to the owner of rail
properties or operator of rail service related to the project.
"(2) The State shall determine all financial terms and
conditions of a grant or loan, except that the timing of all
advances with respect to grants under this subsection shall be in
accordance with Department of Treasury regulations.
"(3) The State shall place the Federal share of repaid funds in
an interest-bearing account or, with the approval of the
Secretary, permit any borrower to place such funds, for the
benefit and use of the State, in a bank which has been designated
by the Secretary of the Treasury in accordance with section 10 of
the Act of June 11, 1942 (12 U.S.C. 265). The State shall use
such funds and all accumulated interest to make further loans or
grants under subsection (b) of this section in the same manner and
under the same conditions as if they were originally granted to
the State by the Secretary. The State may, at any time, pay to
the Secretary the Federal share of any unused funds and
accumulated interest. After the termination of a State's
participation in the rail freight assistance program established
by this section, such State shall pay the Federal share of any
unused funds and accumulated interest to the Secretary.
"(4) The State, to the maximum extent possible, shall encourage
the participation of shippers, railroads, and local communities in
providing the State share of rail freight assistance funds.
"(e) The Federal share of the costs of any rail freight assistance
project shall be 50 percent, except that in the case of assistance
provided under subsection (b)(2), the Federal share shall be 70 percent.
The State share of the costs may be provided in cash or through any of
the following benefits, to the extent that such benefits would not
otherwise be provided:
"(1) Forgiveness of taxes imposed on a railroad or on its
properties.
"(2) The provision by the State or by any person on behalf of
such State, for use in its rail freight assistance program, of
real property or tangible personal property of the kind necessary
for the safe and efficient operation of rail freight service.
"(3) Trackage rights secured by the State for a railroad.
"(4) The cash equivalent of State salaries for State public
employees working in the State rail freight assistance program,
but not including overhead and general administrative costs.
A State may provide more than its required percentage share of the cost
of its rail freight assistance program. If a State, or any person on
behalf of a State, provides more than such State's percentage share of
the cost of its rail freight assistance program during any fiscal year,
the amount in excess of such share shall be applied toward such State's
share of the costs of its program for subsequent fiscal years.
"(f) A State seeking financial assistance for rail freight assistance
projects described in subsection (b) shall apply, in the form required
by the Secretary, for such assistance by January 1 of the fiscal year
for which the funds have been appropriated, except in fiscal years in
which authorizations of appropriations have not been enacted as of the
first day of the fiscal year, in which case application must be made
within 90 days after the date of enactment of legislation authorizing
appropriations for that fiscal year. In considering applications for
rail freight assistance projects under subsection (b), the Secretary
shall consider the following:
"(1) The percentage of lines identified to the Interstate
Commerce Commission by rail carriers for abandonment or potential
abandonment within a State.
"(2) The likelihood of future abandonments within a State.
"(3) The ratio of benefits to costs for a proposed project
calculated in accordance with the methodology established by the
Secretary under subsection (n).
"(4) The likelihood that the line will continue operating with
rail freight assistance.
"(5) The impact of rail bankruptcies, rail restructuring, and
rail mergers on the State applying for assistance.
"(g) On the first day of the fiscal year, each State shall be
entitled to $36,000 of the funds available for expenditure pursuant to
subsection (q) of this section during the fiscal year to meet the cost
of establishing, implementing, revising, and updating the State rail
plan required by subsection (a) of this section, or to carry out
projects described in subsection (b)(1), (2), or (3), as designated by
the State, if such projects meet the requirements of subsection (c)(2).
Each State must apply for such funds on or before the first day of the
fiscal year, except in fiscal years in which authorizations of
appropriations have not been enacted as of the first day of the fiscal
year, in which case application must be made within 60 days after the
date of enactment of legislation authorizing appropriations for that
fiscal year. Upon receipt of an application under this subsection, the
Secretary shall consider the application and notify the State submitting
such an application as to its approval or disapproval within 60 days.
Funds provided under this subsection shall remain available to a State
for obligation for the first 3 months after the end of the fiscal year
for which such funds have been made available. Any funds which have not
been timely applied for under this subsection, or which have remained
unobligated after the expiration of the period described in the previous
sentence, shall be made available to the Secretary for rail freight
assistance projects meeting the requirements of this section.
"(h) The Secretary shall establish such procedures as are necessary
to ensure that funds available to the Secretary for use for rail freight
assistance projects under subsection (b) are distributed by April 1 of
the fiscal year for which such funds are appropriated. If any funds are
not distributed by that date, the Secretary shall report to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
status of such funds and the reasons for the delay in distribution.
"(i) Each State shall retain a contingent interest (redeemable
preference shares) for the Federal share of funds in any line receiving
rail freight assistance under this section and may exercise the right to
collect its share of the funds used for such a line, if an application
for abandonment of such line is filed under chapter 109 of title 49,
United States Code, or if such line is abandoned, discontinued, sold, or
disposed of in any way after it has received Federal assistance.
"(j) Two or more States which are eligible to receive rail freight
assistance under this section may, where not in violation of State law,
enter into an agreement to combine any portion of such assistance for
purposes of conducting any project which is eligible for assistance
under this section and which will benefit each State which is a party to
such agreement.
"(k)(1) Each recipient of funds provided under this section, whether
in the form of grants, subgrants, contracts, subcontracts, or other
arrangements, shall keep such records as the Secretary shall prescribe,
including records which fully disclose the amount and disposition by
such recipient of such funds, the total cost of the project or
undertaking in connection with which such funds were provided or used,
the amount of that portion of the cost of the project which was supplied
by other sources, and such other records as will facilitate an effective
audit. Such records shall be maintained for 3 years after the
completion of such a project or undertaking.
"(2) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access, for
the purpose of audit and examination, to any books, documents, papers,
and records of receipts which, in the opinion of the Secretary or of the
Comptroller General, may be related or pertinent to the grants,
contracts, or other arrangements referred to in paragraph (1) of this
subsection.
"(3) The Secretary and the Comptroller General shall regularly
conduct, or cause to be conducted --
"(A) a financial audit, in accordance with generally accepted
auditing standards; and
"(B) a performance audit of the activities and transactions
assisted under this section, in accordance with generally accepted
management principles.
Such audits may be conducted by independent certified or licensed public
accountants and management consultants approved by the Secretary and the
Comptroller General, and they shall be conducted in accordance with such
rules and regulations as may be prescribed by the Comptroller General.
"(l) The Interstate Commerce Commission shall provide the Secretary
with such information as the Secretary requests to assist in
administering the program authorized by this section. The Commission
shall provide the requested information within 30 days after receipt of
any such request.
"(m) On or before August 1 of each year, each rail carrier providing
transportation subject to the jurisdiction of the Interstate Commerce
Commission under chapter 105 of title 49, United States Code, shall
prepare, update, and submit to the Secretary a listing of those rail
lines of such carrier which, based on level of usage, carried 5 million
gross ton miles of freight or less per mile during the prior year.
"(n) The Secretary, no later than July 1, 1990, shall establish a
methodology for calculating the ratio of benefits to costs of projects
proposed under subsection (b), taking into consideration the need for
equitable treatment of different regions of the United States and
different commodities transported by rail. The establishment of such
methodology shall be a matter committed to the Secretary's discretion.
"(o) No more than 15 percent of the funds provided under subsection
(b) in any fiscal year shall be provided to any one State. No more than
20 percent of the funds provided under subsection (b) in any fiscal year
shall be provided for any one project.
"(p) As used in this section, the term 'State' means any State in
which a rail carrier providing transportation subject to the
jurisdiction of the Interstate Commerce Commission under chapter 105 of
title 49, United States Code, maintains any line of railroad.
"(q) There are authorized to be appropriated to the Secretary for the
purposes of this section not to exceed $15,000,000 for fiscal year 1991.
Such sums as are appropriated are authorized to remain available until
expended. No funds are authorized to be appropriated under this
subsection for any period after September 30, 1991.".
(d) EFFECTIVE DATE. -- The amendment made by subsection (c) "49 USC
app. 1654 note" shall take effect October 1, 1990.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.R. 422:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 17, considered and
passed House. Nov. 19, considered and passed Senate.
Public Law 101-212, 103 Stat. 1841
Whereas traffic accidents cause more violent deaths in the United
States than any other cause, approximately 47,000 in 1988;
Whereas traffic accidents cause thousands of serious injuries in the
United States each year;
Whereas 37.5 percent of all drivers fatally injured in 1988 had blood
alcohol concentrations above the legal limit of .10;
Whereas the United States Surgeon General has reported that life
expectancy has risen for every age group over the past 75 years except
for Americans 15 to 24 years old, whose death rate, the leading cause of
which is drunk driving, is higher now than it was 20 years ago;
Whereas the total societal cost of drunk driving has been estimated
at more than $26,000,000,000 per year, which does not include the human
suffering that can never be measured;
Whereas there are increasing reports of driving after drug use and
accidents involving drivers who have used marijuana or other illegal
drugs;
Whereas driving after the use of therapeutic drugs, either alone or
in combination with alcohol, contrary to the advice of physician,
pharmacist, or manufacturer, may create a safety hazard on the roads;
Whereas more research is needed on the effect of drugs, either alone
or in combination with alcohol, on driving ability and the incidence of
traffic accidents;
Whereas an increased public awareness of the gravity of the problem
of drugged driving may warn drug users to refrain from driving and may
stimulate interest in increasing necessary research on the effect of
drugs on driving ability and the incidence of traffic accidents;
Whereas the public, particularly through the work of citizens groups,
is demanding a solution to the problem of drunk and drugged driving;
Whereas the best defense against the drunk or drugged driver is the
use of safety belts and consistent safety belt usage by all drivers and
passengers would save as many as 10,000 lives each year;
Whereas an increase in the public awareness of the problem of drunk
and drugged driving may contribute to a change in society's attitude
toward the drunk or drugged driver and help sustain current efforts to
develop comprehensive solutions at the State and local levels;
Whereas the Christmas and New Year holiday period, with more drivers
on the roads and an increased number of social functions, is a
particularly appropriate time to focus national attention on this
critical problem;
Whereas designation of National Drunk and Drugged Driving Awareness
Week in each of the last 7 years stimulated many activities and programs
by groups in both the private and public sectors aimed at curbing drunk
and drugged driving in the high-risk Christmas and New Year holiday
period and thereafter; and
Whereas the activities and programs during National Drunk and Drugged
Driving Awareness Week have heightened the awareness of the American
public to the danger of drunk and drugged driving: 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 December 10,
1989, through December 16, 1989, is designated at "National Drunk and
Drugged Driving Awareness Week" and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe the week with appropriate activities.
Approved December 11, 1989.
LEGISLATIVE HISTORY -- H.J. Res. 429:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 21, considered and
passed House and Senate.
Public Law 101-211, 103 Stat. 1840
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in accordance with
Section 5581 of the Revised Statutes of the United States (20 U.S.C.
43), the vacancy on the Board of Regents of the Smithsonian Institution,
in the class other than Members of Congress, occurring by reason of the
death of Carlisle H. Humelsine of Virginia on January 26, 1989, is
filled by the appointment of Robert James Woolsey, Jr. of Maryland. The
appointment is for a term of six years, beginning on the date on which
this joint resolution becomes law.
Approved December 7, 1989.
LEGISLATIVE HISTORY -- S.J. Res. 202:
SENATE REPORTS: No. 101-148 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 2, considered and passed
Senate. Nov. 17, considered and passed House, amended. Nov. 19, Senate
concurred in House amendments.
Public Law 101-210, 103 Stat. 1839
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in accordance with
Section 5581 of the Revised Statutes of the United States (20 U.S.C.
43), the vacancy on the Board of Regents of the Smithsonian Institution,
in the class other than Members of Congress, occurring by reason of the
resignation of Murray Gell-Mann of California on September 13, 1988, is
filled by the appointment of Homer Alfred Neal of Michigan. The
appointment is for a term of six years, beginning on the date on which
this joint resolution becomes law.
Approved December 7, 1989.
LEGISLATIVE HISTORY -- S.J. Res. 203:
SENATE REPORTS: No. 101-149 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 2, considered and passed
Senate. Nov. 17, considered and passed House, amended. Nov. 19, Senate
concurred in House amendments.
Public Law 101-209, 103 Stat. 1838
Whereas the Bible has made a unique contribution in shaping the
United States as a distinctive and blessed Nation and people;
Whereas deeply held values springing from the Bible led to the early
settlement of our Nation;
Whereas many of our great national leaders, such as Presidents
Washington, Jackson, Lincol, and Wilson, paid tribute to the important
influence the Bible has had in the development of our Nation;
Whereas President Jackson called the Bible "the rock on which our
Republic rests";
Whereas the history of our Nation illustrates the value of
voluntarily applying the teachings of the Bible in the lives of
individuals and of families; and
Whereas numerous individuals and organizations around the world are
joining hands to encourage international Bible reading in 1990: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That 1990 is designated as the
"International Year of Bible Reading". The President is authorized and
requested to issue a proclamation recognizing both the formative
influence the Bible has had on many societies of the world and the value
of the study of the Bible.
Approved December 7, 1989.
LEGISLATIVE HISTORY -- S.J. Res. 164:
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 20, considered and
passed Senate. Nov. 20, considered and passed House, amended. Senate
concurred in House amendments.
Public Law 101-208, 103 Stat. 1836
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REIMBURSEMENT FOR EXPENSES.
Section 803(d) of the James Madison Memorial Fellowship Act (20
U.S.C. 4502(d)) is amended to read as follows:
"(d)(1) Subject to paragraph (2), members of the Board shall serve
without pay.
"(2) Members of the Board and the President, Executive Secretary, and
other personnel of the Foundation shall be entitled to reimbursement for
travel, subsistance, and other necessary expenses incurred in the
performance of their duties at rates applicable to judges of the United
States under section 456(a) of title 28, United States Code.".
SEC. 2. PRESIDENT AND EXECUTIVE SECRETARY OF FOUNDATION.
Section 813 of the James Madison Memorial Fellowship Act (20 U.S.C.
4512) is amended to read as follows:
"SEC. 813. (a)(1) The Board may appoint a President of the
Foundation to serve full-time or part-time and for such a term as the
Board shall determine.
"(2) The President shall carry out such of the functions and duties
of the Foundation as the Board may determine, subject to the supervision
and direction of the Board.
"(3) The President shall be compensated at a rate to be determined by
the Board without regard to subchapter III of chapter 53 of title 5,
United States Code, not to exceed the rate for level III of the
Executive Schedule under section 5314 of that title.
"(4) Sections 5532, 8344, and 8468 of title 5, United States Code,
shall not apply to a person while such person is serving as President of
the Foundation. The first sentence of this paragraph shall not, in the
case of any individual, apply longer than December 31, 1990.
"(b)(1) There shall be an Executive Secretary of the Foundation who
shall be appointed by the Board.
"(2) The Executive Secretary shall be the chief operating officer of
the Foundation and shall carry out the functions of the Foundation
subject to the supervision and direction of the Board or the President,
as determined by the Board.
"(3) The Executive Secretary shall be compensated at the rate
specified for employees placed in grade GS-18 of the General Schedule
set forth in section 5332 of title 5, United States Code.".
SEC. 3. ADMINISTRATIVE PROVISIONS.
Section 814 of the James Madison Memorial Fellowship Act (20 U.S.C.
4513) is amended --
(1) in subsection (a) by --
(A) amending paragraph (1) to read as follows:
"(1) to appoint and fix the compensation of such personnel as
may be necessary to carry out this Act, without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, but at General Schedule pay rates not
in excess of the maximum rate for grade GS-15 of the General
Schedule under section 5332 of that title;";
(B) amending paragraph (8) to read as follows:
"(8) to rent office space in the District of Columbia or its
environs;";
(C) striking "and" at the end of paragraph (9);
(D) striking "(10)" and inserting "(11)"; and
(E) inserting immediately following paragraph (9) the following
new paragraph:
"(10) to expend not more than 5 percent of its annual operating
budget to pay the costs of fundraising activities, including
public and private gatherings; and"; and
(2) by adding at the end thereof the following new subsection:
"(c) On request of the Chairman of the Foundation, the head of a
Federal agency may detail personnel of the agency to the Foundation to
assist the Foundation in carrying out this Act. Details under this
subsection shall be without reimbursement by the Foundation to the
agency from which personnel are detailed.".
Approved December 7, 1989.
LEGISLATIVE HISTORY -- S. 1877:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 16, considered and
passed Senate. Nov. 21, considered and passed House, amended. Senate
concurred in House amendment.
Public Law 101-207, 103 Stat. 1833
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.
(a) IN GENERAL. -- Paragraph (1) of section 141(g) of the Trade Act
of 1974 (19 U.S.C. 2171(g)(1)) is amended --
(1) by striking out "1988" in subparagraphs (A) and (B) and
inserting in lieu thereof "1990",
(2) by striking out "$15,172,000" in subparagraph (A) and
inserting in lieu thereof "$19,651,000", and
(3) by striking out "$69,000" in subparagraph (B)(i) and
inserting in lieu thereof "$89,000".
(b) PANELS AND COMMITTEES UNDER CANADA FREE-TRADE AGREEMENT. --
Paragraph (1) of section 406(b) of the United States-Canada Free-Trade
Agreement Implementation Act of 1988 (19 U.S.C. 2112, note) is amended
by striking out "1989 such sums as may be necessary" and inserting in
lieu thereof "1990, $1,492,000".
SEC. 2. UNITED STATES INTERNATIONAL TRADE COMMISSION.
Paragraph (2) of section 330(e) of the Tariff Act of 1930 (19 U.S.C.
1330(e)(2)) is amended --
(1) by striking out "1988" and inserting in lieu thereof
"1990", and
(2) by striking out "$35,386,000" and inserting in lieu thereof
"$39,943,000".
SEC. 3. UNITED STATES CUSTOMS SERVICE.
(a) IN GENERAL. -- Subsection (b) of section 301 of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1))
is amended --
(1) by striking out "fiscal year 1989" each place it appears
and inserting in lieu thereof "fiscal year 1990",
(2) by striking out "$440,504,000" in paragraph (1) and
inserting in lieu thereof "$418,822,000",
(3) by striking out "$615,247,000" in paragraph (2) and
inserting in lieu thereof "$656,468,000",
(4) by striking out "$142,262,000" in paragraph (3) and
inserting in lieu thereof "$128,128,000", and
(5) by striking out paragraph (4).
(b) APPOINTMENT OF THE COMMISSIONER OF CUSTOMS. -- (1) The second
sentence of the first section of the Act entitled "An Act to create a
Bureau of Customs and a Bureau of Prohibition in the Department of the
Treasury", approved March 3, 1927 (44 Stat. 1381, 19 U.S.C. 2071), is
amended to read as follows: "The Commissioner of Customs, who shall be
appointed by the President by and with the advice and consent of the
Senate, shall --
"(1) be at the head of the United States Customs Service;
"(2) carry out the duties and powers prescribed by the
Secretary of the Treasury; and
"(3) report to the Secretary of the Treasury through such other
officials as may be designated by the Secretary.".
(2) The individual who is serving as the Commissioner of Customs on
the day before the date of the enactment of this Act "19 USC 2071 note"
may continue to serve in such capacity until a Commissioner of Customs,
appointed as provided in the amendment made by paragraph (1), takes
office.
(c) FOREIGN TRADE ZONES AT SMALL AIRPORTS. --
(1) Paragraph (2) of section 13031(e) of Public Law 99-272 (19
U.S.C. 58c(e)(2)) is amended --
(A) by striking out "This subsection" and inserting in lieu
thereof "(A) This subsection", and
(B) by adding at the end thereof the following new
subparagraph:
"(B) Subparagraph (C) of paragraph (6) shall not apply with
respect to any foreign trade zone or subzone that is located at,
or in the vicinity of, an airport to which section 236 of the
Trade and Tariff Act of 1984 applies.".
(2) Section 236 of the Trade and Tariff Act of 1984 (19 U.S.C.
58b) is amended by adding at the end thereof the following new
subsection:
"(f) For purposes of this section, customs services provided in
connection with, or with respect to, any foreign trade zone or subzone
that is located at, or in the vicinity of, any airport described in
subsection (a) or designated under subsection (c) shall be considered to
be customs services provided at such airport.".
(d) NORTHERN BORDER ENHANCEMENT PROGRAM. -- The Commissioner of
Customs shall provide the facilities, equipment, and staff at the port
of entry at Chateaugay, New York, that are necessary to make the port of
entry at Chateaugay, New York, a commercial center under the Northern
Border Enhancement Program administered by the Commissioner of Customs.
(e) DISPOSITION OF FORFEITED PROPERTY. --
(1) Subparagraph (B) of section 616(c)(1) of the Tariff Act of
1930 (19 U.S.C. 1616a(c)(1)) is amended to read as follows:
"(B) Transfer any of the property to --
"(i) any other Federal agency;
"(ii) any State or local law enforcement agency that
participated directly or indirectly in the seizure or forfeiture
of the property; or
"(iii) the Civil Air Patrol.".
(2) Subsection (c) of section 616 of the Tariff Act of 1930 (19
U.S.C. 1616a(c)) is amended by adding at the end thereof the
following new paragraph:
"(3) Aircraft may be transferred to the Civil Air Patrol under
paragraph (1)(B)(iii) in support of air search and rescue and
other emergency services and, pursuant to a memorandum of
understanding entered into with a Federal agency, illegal drug
traffic surveillance. Jet-powered aircraft may not be transferred
to the Civil Air Patrol under the authority of paragraph
(1)(B)(iii).".
(f) USER FEE FOR CUSTOMS SERVICES AT SMALL SEAPORTS AND OTHER
FACILITIES. --
(1) Section 236 of the Trade and Tariff Act of 1984 (19 U.S.C.
58b), as amended by this Act, is further amended --
(A) by inserting ", seaport, or other facility" after "airport"
each place it appears in the section other than in paragraphs (1)
and (2) of subsection (a),
(B) by inserting ", seaports, and other facilities" after
"airports" in subsection (c), and
(C) by inserting "AND OTHER FACILITIES" after "AIRPORTS" in the
section heading.
(2) Paragraph (2) of section 13031(e) of Public Law 99-272, as
amended by this Act, "19 USC 58c" is further amended by inserting
", seaport, or other facility" after "airport" each place it
appears.
Approved December 7, 1989.
LEGISLATIVE HISTORY -- S. 1164 (H.R. 2443):
HOUSE REPORTS: No. 101-70 accompanying H.R. 2443 (Comm. on Ways and
Means).
SENATE REPORTS: No. 101-48 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 135 (1989): Aug. 3, considered and passed
Senate. Nov. 20, considered and passed House, amended. Nov. 21, Senate
concurred in House amendment.
Public Law 101-206, 103 Stat. 1832
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 "12 USC 3001 note" may be cited as the "National Consumer
Cooperative Bank Amendments of 1989".
SEC. 2. AMENDMENTS RELATING TO CLASS A NOTES.
Section 104(c) of the National Consumer Cooperative Bank Act (12
U.S.C. 3014(c)) is amended --
(1) by striking out the first 2 sentences and inserting the
following: "The holder of class A notes shall be entitled to
interest at a rate or rates determined by the Secretary of the
Treasury, taking into consideration the current average yield on
outstanding marketable obligations of the United States of
comparable terms and conditions as of the last day of the month
preceding each issuance of such class A notes to the Secretary of
the Treasury, except that, until October 1, 1990, interest
payments shall not exceed 25 percent of gross revenues for the
year, less necessary operating expenses including a reserve for
possible losses. From time to time, the Bank may, with the
approval of the Secretary of the Treasury and consistent with the
terms of this Act, issue replacement class A notes upon terms and
conditions to be agreed upon by the Bank and the Secretary,
bearing interest as provided in this subsection (c), in
substitution for those class A notes previously issued."; and
(2) by adding at the end the following: "All class A notes
shall be redeemed by the Bank no later than October 31, 2020.".
Approved December 7, 1989.
LEGISLATIVE HISTORY -- H.R. 3720:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 20, considered and
passed House. Nov. 21, considered and passed Senate.
Public Law 101-205, 103 Stat. 1829
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISTRIBUTION OF CERTAIN MEAT TO CHARITY AND PUBLIC
AGENCIES.
Section 403(a) of the Federal Meat Inspection Act (21 U.S.C. 673(a))
is amended --
(1) in the first sentence, by redesignating clauses (1) through
(3) as clauses (A) through (C), respectively;
(2) by designating the first through fourth sentences as
paragraphs (1) through (4), respectively;
(3) in paragraph (2) (as so designated), by inserting after
"entry of the decree," the following: "(A) be distributed in
accordance with paragraph (5), or (B)"; and
(4) by adding at the end thereof the following new paragraph:
"(5)(A) An article that is condemned under paragraph (1) may as the
court may direct, after entry of the decree, be distributed without
charge to nonprofit, private entities or to Federal, State, or local
government entities engaged in the distribution of food without charge
to individuals, if such article --
"(i) has been inspected under this Act and found to be
wholesome and not to be adulterated within the meaning of
paragraphs (1) through (7) and (9) of section 1(m) and a
determination is made at the time of the entry of the decree that
such article is wholesome and not so adulterated; and
"(ii) is plainly marked 'Not for Sale' on such article or its
container.
"(B) The United States may not be held legally responsible for any
article that is distributed under subparagraph (A) to a nonprofit,
private entity or to a Federal, State, or local government entity, if
such article --
"(i) was found after inspection under this Act to be wholesome
and not adulterated within the meaning of paragraphs (1) through
(7) and (9) of section 1(m) and a determination was made at the
time of the entry of the decree that such article was wholesome
and not so adulterated; and
"(ii) was plainly marked 'Not for Sale' on such article or its
container.
"(C) The person from whom such article was seized and condemned may
not be held legally responsible for such article, if such article --
"(i) was found after inspection under this Act to be wholesome
and not adulterated within the meaning of paragraphs (1) through
(7) and (9) of section 1(m) and a determination was made at the
time of the entry of the decree that such article was wholesome
and not so adulterated; and
"(ii) was plainly marked 'Not for Sale' on such article or its
container.".
SEC. 2. DISTRIBUTION OF CERTAIN POULTRY PRODUCTS TO CHARITY AND
PUBLIC AGENCIES.
Section 20(a) of the Poultry Products Inspection Act (21 U.S.C.
467b(a)) is amended --
(1) in the first sentence, by redesignating clauses (1) through
(3) as clauses (A) through (C), respectively;
(2) by designating the first through fourth sentences as
paragraphs (1) through (4), respectively;
(3) in paragraph (2) (as so designated), by inserting after
"entry of the decree," the following: "(A) be distributed in
accordance with paragraph (5), or (B)"; and
(4) by adding at the end thereof the following new paragraph:
"(5)(A) An article that is condemned under paragraph (1) may as the
court may direct, after entry of the decree, be distributed without
charge to nonprofit, private entities or to Federal, State, or local
government entities engaged in the distribution of food without charge
to individuals, if such article --
"(i) is capable of use as a human food;
"(ii) has been inspected under this Act and found to be
wholesome and not to be adulterated within the meaning of
paragraphs (1) through (7) of section 4(g) and a determination is
made at the time of the entry of the decree that such article is
wholesome and not so adulterated; and
"(iii) is plainly marked 'Not for Sale' on such article or its
container.
"(B) The United States may not be held legally responsible for any
article that is distributed under subparagraph (A) to a nonprofit,
private entity or to a Federal, State, or local government entity, if
such article --
"(i) was found after inspection under this Act to be wholesome
and not adulterated within the meaning of paragraphs (1) through
(7) of section 4(g) and a determination was made at the time of
the entry of the decree that such article was wholesome and not so
adulterated; and
"(ii) was plainly marked 'Not for Sale' on such article or its
container.
"(C) The person from whom such article was seized and condemned may
not be held legally responsible for such article, if such article --
"(i) was found after inspection under this Act to be wholesome
and not adulterated within the meaning of paragraphs (1) through
(7) of section 4(g) and a determination was made at the time of
entry of the decree that such article was wholesome and not so
adulterated; and
"(ii) was plainly marked 'Not for Sale' on such article or its
container.".
Approved December 7, 1989.
LEGISLATIVE HISTORY -- H.R. 2134:
HOUSE REPORTS: No. 101-348 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 13, considered and
passed House. Nov. 20, considered and passed Senate.
Public Law 101-204, 103 Stat. 1806
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "42 USC 4950 note" SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Domestic Volunteer
Service Act Amendments of 1989".
(b) TABLE OF CONTENTS. -- The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to the Domestic Volunteer Service Act of 1973.
Sec. 101. Selection and assignment of volunteers.
Sec. 102. Support services.
Sec. 103. Applications for assistance by previous recipients.
Sec. 201. Change in general reference to programs.
Sec. 301. Authority to establish and operate programs.
Sec. 302. Special initiatives.
Sec. 401. Reports.
Sec. 402. Evaluation.
Sec. 403. Definitions.
Sec. 501. Purposes.
Sec. 502. Programs of national significance.
Sec. 503. Increase in stipend or allowance.
Sec. 504. Volunteers serving without stipends.
Sec. 505. Promotion of programs.
Sec. 506. Administrative costs.
Sec. 507. Multiyear grants or contracts.
Sec. 601. VISTA Literacy Corps.
Sec. 602. Technical and financial assistance for improvement of
volunteer programs.
Sec. 603. Special initiatives.
Sec. 701. Assignment of volunteers to health care problems.
Sec. 702. Oath or affirmation.
Sec. 703. Limitation on funds appropriated for grants and contracts.
Sec. 704. Administrative organization.
Sec. 705. Amendments relating to demonstration partnership
agreements addressing the needs of the poor.
Sec. 801. National volunteer antipoverty programs authorization.
Sec. 802. Priority.
Sec. 803. Administration and coordination.
Sec. 804. Older American volunteer programs.
Sec. 901. Amendments to table of contents.
Sec. 902. Technical amendments.
Sec. 1001. Technical amendments to the Anti-Drug Abuse Act of 1988.
Sec. 1002. Technical amendment to the Juvenile Justice and
Delinquency Prevention Act of 1974.
Sec. 1003. Technical amendments to the Runaway and Homeless Youth
Act.
Sec. 1004. Technical amendments to the Missing Children's Assistance
Act.
SEC. 2. REFERENCES TO THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4951 et seq.).
SEC. 101. SELECTION AND ASSIGNMENT OF VOLUNTEERS.
(a) RECRUITMENT AND PLACEMENT PROCEDURES. -- Subsection (b) of
section 103 (42 U.S.C. 4953(b)) is amended to read as follows:
"(b)(1) The Director shall establish recruitment and placement
procedures that offer opportunities for both local and national
placement of volunteers for service under this part.
"(2)(A) The Director shall establish and maintain within the national
headquarters of the ACTION Agency a volunteer placement office. The
office shall be headed by an individual designated by the Director to be
the national Administrator of Recruitment and Placement, who shall be
responsible for carrying out the functions described in this subsection
and subsection (c) and all other functions delegated by the Director
relating to the recruitment and placement of volunteers under this part.
"(B) Such volunteer placement office shall develop, operate, and
maintain a current and comprehensive central information system that
shall, on request, promptly provide information --
"(i) to individuals, with respect to specific opportunities for
service as a volunteer with approved projects or programs to which
no volunteer has been assigned; and
"(ii) to approved projects or programs, with respect to the
availability of individuals whose applications for service as a
volunteer have been approved and who are awaiting an assignment
with a specific project or program.
"(C) The Director shall, at a minimum, designate one employee of the
ACTION Agency in each region of the United States whose primary duties
and responsibilities shall be to assist the Administrator in carrying
out the functions described in this subsection and subsection (c).
"(D) The Director shall assign or hire as necessary, such additional
national, regional, and State personnel to carry out the functions
described in this subsection and subsection (c) as may be necessary to
ensure that such functions are carried out in a timely and effective
manner. The Director shall give priority in the hiring of such
additional personnel to individuals who have formerly served as
volunteers under this part and to individuals who have specialized
experience in the recruitment of volunteers.
"(3) Volunteers shall be selected from among qualified individuals
submitting an application for such service at such time, in such form,
and containing such information as may be necessary to evaluate the
suitability of each individual for such service and to determine, in
accordance with paragraph (7), the most appropriate assignment for each
such volunteer. The Director shall approve the application of each
individual who applies in conformance with this subsection and who, on
the basis of the information provided in the application, is determined
by the Director to be qualified to serve as a volunteer under this part.
"(4) Each application for service as a volunteer under this part
shall --
"(A) indicate the period of time during which the applicant is
available to serve as a volunteer under this part;
"(B) describe the previous education, training, military and
work experience, and any other relevant skills or interests of the
applicant;
"(C) specify the State or geographic region in which the
applicant prefers to be assigned; and
"(D) specify --
"(i) the type of project or program to which the applicant
prefers to be assigned; or
"(ii) the particular project or program to which the applicant
prefers to be assigned.
"(5) The Director shall ensure that applications for service as a
volunteer under this part are available to the public on request to the
ACTION Agency (including any State or regional offices of the Agency)
and that an individual making such request is informed of the manner in
which such application is required to be submitted. A completed
application may be submitted by any interested individual to, and shall
be accepted by, any office of the ACTION Agency.
"(6) Completed applications received by the ACTION Agency shall be
forwarded to the regional ACTION office representing the State in which
such applicant resides. The regional or State employees designated in
subparagraphs (C) and (D) of paragraph (2) shall assist in evaluating
such applications and, to the extent feasible and appropriate,
interviewing applicants.
"(7)(A) The Director shall provide for the assignment of each
applicant approved as a volunteer under this part to a project or
program that is, to the maximum extent practicable, consistent with the
abilities, experiences, and preferences of such applicant that are set
forth in the application described in paragraph (4) and the needs and
preferences of projects or programs approved for the assignment of such
volunteers.
"(B) In carrying out subparagraph (A), the Director shall utilize the
information system established under paragraph (2)(B).
"(C) A sponsoring organization of VISTA may recruit volunteers for
service under this part. The Director shall give a locally recruited
volunteer priority for placement in the sponsoring organization of VISTA
that recruited such volunteer.
"(D) A volunteer under this part shall not be assigned to any project
or program without the express approval and consent of such project or
program.
"(E) If an applicant under this part who is recruited locally becomes
unavailable for service prior to the commencement of service, the
recipient of the project grant or contract that was designated to
receive the services of such applicant may replace such applicant with
another qualified applicant approved by the Director.
"(F) If feasible and appropriate, low-income community volunteers
shall be given the option of serving in the home communities of such
volunteers in teams with nationally recruited specialist volunteers.
The Director shall attempt to assign such volunteers to serve in the
home or nearby communities of such volunteers and shall make national
efforts to attract other individuals to serve in the VISTA program. The
Director shall also, in the assignment of volunteers under this
subparagraph, recognize that community-identified needs that cannot be
met in the local area and the individual desires of VISTA volunteers in
regard to the service in various geographical areas of the United States
should be taken into consideration.".
(b) PUBLIC AWARENESS AND RECRUITMENT. -- Section 103 (42 U.S.C.
4953) is amended --
(1) by redesignating subsections (c) through (f) as subsections
(d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
"(c)(1) The Director, in conjunction with the regional or State
employees designated in subparagraphs (C) and (D) of subsection (b)(2),
shall engage in public awareness and recruitment activities. Such
activities shall include --
"(A) public service announcements through radio, television,
and the print media;
"(B) advertising through the print media, direct mail, and
other means;
"(C) disseminating information about opportunities for service
as a volunteer under this part to relevant entities including
institutions of higher education and other educational
institutions (including libraries), professional associations,
community-based agencies, youth service and volunteer
organizations, business organizations, labor unions, senior
citizens organizations, and other institutions and organizations
from or through which potential volunteers may be recruited;
"(D) disseminating such information through presentations made
personally by employees of the ACTION Agency or other designees of
the Director, to students and faculty at institutions of higher
education and to other entities described in subparagraph (C),
including presentations made at the facilities, conventions, or
other meetings of such entities;
"(E) publicizing the student loan deferment and forgiveness
opportunities available to VISTA volunteers under parts B and E of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.) and including such information in all applications and
recruitment materials;
"(F) providing, on request, technical assistance with the
recruitment of volunteers under this part to programs and projects
receiving assistance under this part; and
"(G) maintaining and publicizing a national toll-free telephone
number through which individuals may obtain information about
opportunities for service as a volunteer under this part and
request and receive an application for such service.
"(2) In designing and implementing the activities authorized under
this section, the Director shall seek to involve individuals who have
formerly served as volunteers under this part to assist in the
dissemination of information concerning the program established under
this part. The Director may reimburse the costs incurred by such former
volunteers for such participation, including expenses incurred for
travel.
"(3) The Director shall consult with the Director of the Peace Corps
to coordinate the recruitment and public awareness activities carried
out under this subsection with those of the Peace Corps and to develop
joint procedures and activities for the recruitment of volunteers to
serve under this part.
"(4) At the beginning of each fiscal year, the Director shall develop
an annual plan for the recruitment of volunteers under this part that --
"(A) describes in detail (including the cost) the recruitment
and public awareness activities carried out during the preceding
fiscal year and evaluates the effectiveness of such activities;
"(B) identifies methods and goals for the recruitment of
volunteers during the fiscal year in which such plan is made,
including specific methods and goals for the recruitment of
individuals 55 years of age and older, individuals 18 through 27
years of age, recent graduates of institutions of higher
education, and special skilled volunteers; and
"(C) describes in detail (including the expected cost) the
recruitment and public awareness activities that shall be
undertaken throughout the year to achieve the goals specified in
subparagraph (B); and
"(D) describes in detail (including the expected cost) the
recruitment and public awareness activities that shall be
undertaken throughout the year to achieve the goals for the
recruitment of individuals described in subparagraph (B).
"(5) The Director shall ensure that not less than 20 percent of all
volunteers under this part are 55 years of age or older and that, by the
beginning of fiscal year 1991 and for each fiscal year thereafter, not
less than 20 percent of all such volunteers are between 18 and 27 years
of age, (inclusive).
"(6) Beginning in fiscal year 1991 and for each fiscal year
thereafter, for the purpose of carrying out this subsection, the
Director shall obligate not less than 1.5 percent of the amounts
appropriated for each fiscal year under section 501(a).".
(c) "42 USC 4954 note" TEMPORARY AUTHORITY FOR EXTENSIONS OF PERIOD
OF SERVICE. --
(1) IN GENERAL. -- Notwithstanding the limitations established
in section 104(b) of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4954(b)) for the maximum period of service as a
volunteer under part A of title I of such Act (42 U.S.C. 4951 et
seq.), the Director of the ACTION Agency may, subject to
paragraphs (2) and (3), extend beyond such maximum the period of
service for such volunteer in any case in which --
(A) such extension is requested by the project or program to
which such volunteer involved is assigned; and
(B) such Director determines that such extension is appropriate
with respect to meeting the goals of such project or program.
(2) LIMITATIONS ON EXTENSIONS. -- With respect to extensions
under paragraph (1) for volunteers described in such paragraph --
(A) such an extension shall not exceed a 1-year period;
(B) not more than two of such extensions may be made for any
one volunteer; and
(C) not more than 1 percent of the total number of such
volunteers serving for the fiscal year involved may receive such
extensions.
(2) DURATION OF AUTHORITY. -- The authority established in
paragraph (1) shall be effective only for fiscal years 1990
through 1993.
(d) TECHNICAL AND CONFORMING AMENDMENTS. -- The Act (42 U.S.C. 4951
et seq.) is amended --
(1) in section 102 (42 U.S.C. 4952) --
(A) by striking subsections (b) and (c); and
(B) by striking the subsection designation in subsection (a);
and
(2) in section 103 (42 U.S.C. 4953) --
(A) in the heading for such section, by inserting "SELECTION
AND" before "ASSIGNMENT";
(B) in subsection (a), in the matter preceding paragraph (1),
by striking "The Director" and all that follows through "work -- "
and inserting the following: "The Director, on the receipt of
applications by a public or nonprofit private organizations to
receive volunteers under this part, may assign volunteers selected
under subsection (b) to work in appropriate projects and programs
sponsored by such organizations, including work --"; and
(C) in subsection (f) (as redesignated by subsection (b)(1)),
by striking "subsection (d)," and inserting "subsection (e),".
SEC. 102. SUPPORT SERVICES.
Section 105 (42 U.S.C. 4955) is amended --
(1) in subsection (a)(1), by striking "$75 per month" both
places it appears and inserting "$75 per month in fiscal year
1990, $90 per month in fiscal year 1991, and $95 per month in
subsequent fiscal years"; and
(2) in subsection (b) --
(A) by inserting "(1)" after the subsection designation;
(B) by striking "places of training)," and inserting "places of
training and to and from locations to which volunteers are
assigned during periods of service)"; and
(C) by adding at the end the following new paragraphs:
"(2) The Director shall set the subsistence allowance for volunteers
under paragraph (1) for each fiscal year so that --
"(A) the minimum allowance is not less than an amount equal to
95 percent of such poverty line (as defined in section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2))) for a
single individual as expected for each fiscal year; and
"(B) the average subsistence allowance, excluding allowances
for Hawaii, Guam, American Samoa, and Alaska, is no less than 105
percent of such poverty line.
"(3)(A) The Director shall consult with regional and State offices of
the ACTION Agency to make a determination of the cost of living within
each State and whether there are significant local price differentials
within the State.
"(B) The Director shall adjust the subsistence allowances for
volunteers serving in areas that have a higher cost of living than the
national average to reflect such higher cost.
"(4) The Director, in coordination with regional and State offices of
the ACTION Agency and taking into account paragraphs (2) and (3), shall
establish a method for setting subsistence allowances. The Director
shall submit a report on such methods to the appropriate authorizing
committees of Congress not later than 90 days after the date of
enactment of the fiscal year 1990 appropriation.".
SEC. 103. APPLICATIONS FOR ASSISTANCE BY PREVIOUS RECIPIENTS.
Part A of title I (42 U.S.C. 4951 et seq.) is amended by adding at
the end the following new section:
"SEC. 110. "42 USC 4960" APPLICATIONS FOR ASSISTANCE BY PREVIOUS
RECIPIENTS.
"(a) DURATION. -- The Director shall not deny assistance under this
part to any project or program, or any public or private nonprofit
organization, solely on the basis of the duration of the assistance such
project, program, or organization has previously received under this
part.
"(b) CONSIDERATION OF APPLICATION. -- The Director shall consider
each application for the renewal of assistance under this part to any
project or program on an individualized, case-by-case basis, taking into
account --
"(1) the extent to which the sponsoring organization has made
good faith efforts to achieve the goals agreed on in the
application of such project or program; and
"(2) any extenuating circumstance beyond the control of the
sponsoring organization that may have prevented, delayed, or
otherwise impaired the achievement of such goals.
"(c) NEW PROJECT OR PROGRAM. -- The Director shall consider each
application for assistance under this part for a new project or program,
that is submitted by a public or private nonprofit organization that has
previously received such assistance (so long as such new project or
program is clearly distinct from activities for which the organization
has previously received such assistance), on an equal basis with all
other applications for such assistance and without regard for the fact
that the organization has previously received such assistance.
"(d) RENEWAL OF ASSISTANCE. -- With respect to any consideration
that relates to the duration of assistance under this part and that is
applied by the Director in the case of a request for a renewal of
assistance under this part, the Director may not apply any such
consideration against any entity that is --
"(1) functioning as an intermediary between the Director and
organizations requesting such renewal and ultimately receiving
such assistance; and
"(2) utilized by such organizations --
"(A) to prepare and submit applications for such assistance to
the Director; and
"(B) to perform other administrative functions and services
associated with applying for and receiving such assistance.
"(e) ELIGIBILITY. -- All eligible public and private nonprofit
organizations shall be able to apply for assistance under this part.
"(f) NOTICE. -- The Director shall ensure that the language of each
of subsections (a) through (e) is included verbatim in --
"(1) an application developed by the agency for use by
individuals who request assistance under this part for a project
or program; and
"(2) any regulation or guideline issued for the program
established under this part.".
SEC. 201. CHANGE IN GENERAL REFERENCE TO PROGRAMS.
Part B of title I (42 U.S.C. 4971 et seq.) is amended --
(1) by amending the heading for such part to read as follows:
(2) in the first sentence of section 111(a) (42 U.S.C.
4971(a)), by inserting "and community service" after
"service-learning" both places it appears; and
(3) in section 114 (42 U.S.C. 4974) --
(A) by amending the heading to read as follows:
and
(B) in the first sentence of subsection (a), by inserting "and
community service" after "service-learning".
SEC. 301. AUTHORITY TO ESTABLISH AND OPERATE PROGRAMS.
(a) LIMITATION ON GRANTS AND CONTRACTS. -- Section 122(d) (42 U.S.C.
4992(d)) is amended --
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) After the date of enactment of the Domestic Volunteer Service
Act Amendments of 1989, no grant or contract under this part may exceed
$250,000.".
(b) PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN STATE OFFICES. --
Section 122 (42 U.S.C. 4992) is amended by adding at the end the
following new subsection:
"(e) None of the amounts made available under section 501(c) for
fiscal year 1990 or subsequent fiscal years may be expended for the
purpose of establishing or operating any State office with respect to
volunteerism.".
SEC. 302. SPECIAL INITIATIVES.
Section 124 (42 U.S.C. 4994) is amended --
(1) by amending the section heading to read as follows:
(2) in subsection (a), by striking "public service
announcements,";
(3) in subsection (b), by striking paragraph (3) and
redesignating paragraph (4) as paragraph (3); and
(4) by adding at the end the following new subsections:
"(c) In awarding grants and contracts under this section, the
Director shall give priority to drug abuse education and prevention
projects that serve communities, including rural communities, that have
not previously received assistance under this part.
"(d) The Director shall provide for the evaluation of activities and
projects conducted with financial assistance received under this
section. An application for a grant under this section in excess of
$10,000 shall include a description of the methods to be used in
evaluating the impact any activities and programs financed through such
grant have on the drug abuse problem within the communities where such
activities and projects are carried out.".
SEC. 401. REPORTS.
Section 407 (42 U.S.C. 5047) is amended to read as follows:
"SEC. 407. REPORTS.
Not later than 60 days after the beginning of each fiscal year, the
Director shall prepare and submit to the appropriate committees of
Congress a report that shall include --
"(1) the annual recruitment plan developed under section
103(c)(4);
"(2) a description of the activities carried out under section
103(b) during the preceding fiscal year, including a specification
of the total number of --
"(A) individuals who applied for service as a volunteer under
this part;
"(B) applicants approved for such service;
"(C) approved applicants provided an assignment as a volunteer
under section 103(b); and
"(D) volunteers assigned to projects and programs that were
outside the original home communities of such volunteers;
"(3) a description of efforts undertaken by the Director during
the preceding fiscal year to involve individuals, who have
formerly served as volunteers under this part, in the activities
authorized under section 103(c);
"(4) a description of the number of individuals referred to in
paragraph (3) that were involved in the activities referred to in
paragraph (3) and the manner of involvement of such individuals;
and
"(5) a specification of the number and location of employees of
the ACTION Agency designated by the Director to assist in carrying
out the duties described in subsections (b) and (c) of section 103
during the preceding fiscal year.".
SEC. 402. EVALUATION.
The first sentence of section 416(a) (42 U.S.C. 5056(a)) is amended
by inserting after "this Act" the following: "(including the VISTA
Literacy Corps which shall be evaluated as a separate program at least
once every 3 years)".
SEC. 403. DEFINITIONS.
Section 421 (42 U.S.C. 5061) is amended --
(1) by striking "and" at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
"(6) the term 'poverty line for a single individual' means such
poverty line as established by the Director of the Office of
Management and Budget in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)); and".
SEC. 501. PURPOSES.
Title II (42 U.S.C. 5001 et seq.) is amended by inserting after the
heading for such title the following new section:
"SEC. 200. "42 USC 5000" It is the purpose of --
"(1) this title to provide for Older American Volunteer
Programs, comprised of the retired senior volunteer program, the
foster grandparent program, and the senior companion program, that
empower older individuals to contribute to their communities
through volunteer service, enhance the lives of the volunteers and
those whom they serve, and provide communities with valuable
services;
"(2) part A, the retired senior volunteer program, to utilize
the vast talents of older individuals willing to share their
experiences, abilities, and skills in responding to a wide variety
of community needs;
"(3) part B, the foster grandparent program, to afford
low-income older individuals an opportunity to provide supportive,
individualized services to children with exceptional or special
needs; and
"(4) part C, the senior companion program, to afford low-income
older individuals the opportunity to provide personal assistance
and companionship to other older individuals through volunteer
service.".
SEC. 502. PROGRAMS OF NATIONAL SIGNIFICANCE.
(a) AUTHORITY TO MAKE GRANTS. -- Part D of title II (42 U.S.C. 5021
et seq.) is amended by adding at the end the following new section:
"SEC. 225. "42 USC 5025" (a)(1) With not less than one-third of the
funds made available under subsection (d) in each fiscal year, the
Director shall make grants under the programs authorized in parts A, B,
and C to support programs that address national problems of local
concern.
"(2) Except as provided in paragraph (3), the Director may make such
grants --
"(A) under the program authorized in part A, to support
programs that address the national problems specified in
subsection (b);
"(B) under the program authorized in part B, to support
programs that address the national problems specified in
subsection (b), other than paragraph (10) of such subsection; and
"(C) under the program authorized in part C, to support
programs that address the national problems referred to in
paragraphs (1), (2), (5), (6), and (10) of subsection (b).
"(3) Each program for which a grant is received under this subsection
shall be carried out in accordance with the requirements applicable to
the program under part A, B, or C under which the program supported by
such grant is to be carried out.
"(b) The Director shall make grants under subsection (a) to support
one or more of the following programs to address problems that concern
the Nation:
"(1) Programs that assist individuals with chronic and
debilitating illnesses, such as acquired immune deficiency
syndrome.
"(2) Programs designed to decrease drug and alcohol abuse.
"(3) Programs that work with teenage parents.
"(4) Programs that match volunteer mentors with youth who need
guidance.
"(5) Programs that provide adult and school-based literacy
assistance.
"(6) Programs that provide respite care, including care for
frail elderly individuals and for disabled or chronically ill
children living at home.
"(7) Programs that provide before- and after-school activities
that are sponsored by organizations, such as libraries, that serve
children of working parents.
"(8) Programs that work with boarder babies.
"(9) Programs that serve children who are enrolled in child
care programs, giving priority to such programs that serve
children with special needs.
"(10) Programs that provide care to developmentally disabled
adults who reside at home and in community-based settings,
including programs that, when appropriate, involve older
developmentally disabled individuals as volunteers under this
title.
"(11) Programs that provide volunteer tutors to assist
educationally disadvantaged children, on a one-to-one basis, to
improve the basic skills of such children.
"(c)(1) In order for an applicant to be eligible to receive a grant
under subsection (a), such applicant shall demonstrate to the Director
that such grant will be used to increase the total number of volunteers
supported by such applicant under this title.
"(2) Funds made available under subsection (d) shall be used to
supplement and not supplant the number of volunteers engaged in
activities under parts A, B, and C (without regard to this section)
addressing the problem for which such funds are awarded unless such sums
are an extension of funds previously provided under this section.
"(d)(1) Except as provided in paragraph (2), in each fiscal year
there shall be available to the Director to make grants under subsection
(a) not more than --
"(A) $6,000,000 from funds appropriated under section 502(a);
"(B) $9,000,000 from funds appropriated under section 502(b);
and
"(C) $9,000,000 from funds appropriated under section 502(c).
"(2) No funds shall be available to the Director to make grants under
subsection (a) for a fiscal year unless the amounts appropriated under
subsections (a), (b), and (c) of section 502 and available for such
fiscal year to carry out parts A, B, and C (without regard to this
section) are sufficient to maintain the number of projects and
volunteers funded under parts A, B, and C, respectively, in the
preceding fiscal year.
"(e) The Director shall disseminate information on grants that may be
made under subsection (a) to field personnel of the ACTION Agency and to
community volunteer organizations that request such information.".
(b) DEFINITION. -- Section 421 (42 U.S.C. 5061), as amended by
section 403 of this Act, is amended by adding at the end the following
new paragraph:
"(7) the term 'boarder baby' means an infant described in
section 103 of the Abandoned Infants Assistance Act of 1988
(Public Law 100-505; 42 U.S.C. 670 note).".
SEC. 503. INCREASE IN STIPEND OR ALLOWANCE.
Section 211(d) (42 U.S.C. 5011(d)) is amended --
(1) in the matter preceding paragraph (1), by inserting after
"$2.20 per hour" the following: "until October 1, 1990, $2.35 per
hour during fiscal year 1991, and $2.50 per hour on and after
October 1, 1992";
(2) in paragraph (1), by striking "no increase in the stipend
or allowance shall be made pursuant" and inserting "such stipend
or allowance shall not be increased as a result of an amendment
made"; and
(3) in paragraph (2), by striking "$2.20 per hour" and
inserting "the minimum hourly rate specified in this sentence".
SEC. 504. VOLUNTEERS SERVING WITHOUT STIPENDS.
Section 211(f) (42 U.S.C. 5011(f)) is amended --
(1) in paragraph (1)(C) by inserting "unless such individuals
have been referred previously for possible placement as volunteers
under part A and such placement did not occur" before the period
at the end; and
(2) in paragraph (3) --
(A) by inserting "take into consideration or" after "may not";
(B) in subparagraph (A) by inserting "or recruit" after
"accept"; and
(C) by adding at the end of paragraph (3) the following:
"The Director may not coerce any applicant for, or recipient of, such
grant or contract to engage in conduct described in subparagraph (A) or
(B).".
SEC. 505. PROMOTION OF PROGRAMS.
(a) DUTIES OF DIRECTOR. -- Section 221 (42 U.S.C. 5021) is amended
--
(1) by amending the heading to read as follows:
(2) by inserting "(a)" after "SEC. 221."; and
(3) by adding at the end the following new subsection:
"(b)(1) In carrying out this title, the Director shall encourage and
facilitate the efforts of private organizations to promote the programs
established in parts A, B, and C and the involvement of older
individuals as volunteers in such programs.
"(2) The Director shall take appropriate actions to ensure that
special efforts are made to publicize the programs established in parts
A, B, and C, in order to facilitate recruitment efforts, to encourage
greater participation of volunteers, and to emphasize the value of
volunteering to the health and well-being of volunteers and the
communities of such volunteers. Such actions shall include informing
recipients of grants and contracts under this title of all informational
materials available from the Director.
"(3) From funds appropriated under section 502, the Director shall
expend not less than $250,000 in each fiscal year to carry out paragraph
(2).".
SEC. 506. ADMINISTRATIVE COSTS.
Part D of title II (42 U.S.C. 5021 et seq.), as amended by section
502(a) of this Act, is amended by adding at the end the following new
section:
"SEC. 226. "42 USC 5026" (a)(1)(A) In determining the amount of
Federal financial assistance to be provided under this title to
applicants, the Director shall consider the impact of changes in the
Consumer Price Index For All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor on the administrative costs
of operating the projects for which such assistance will be provided.
"(B) The Director shall, to the fullest extent practicable, make
appropriate adjustments in the amount referred to in subparagraph (A) to
ensure the effective administration of such projects.
"(2) The Director shall take reasonable actions to inform applicants
for such assistance that such adjustments may be available.
"(b)(1) The Director shall submit annually, to the Committee on
Education and Labor of the House of Representatives and the Committee on
Labor and Human Resources of the Senate, a report on the extent to which
adjustments are made under subsection (a).
"(2) With respect to each of parts A, B, and C, the Director shall
include in such report --
"(A) a summary of the number of, and purposes for which, such
adjustments are requested by the recipients of grants and
contracts under parts A, B, and C, respectively;
"(B) a description of the extent that such requests are
accommodated; and
"(C) a statement explaining the decisions made by the Director
with respect to the requested adjustments.".
SEC. 507. MULTIYEAR GRANTS OR CONTRACTS.
Title II (42 U.S.C. 5001 et seq.), as amended by sections 502(a) and
506 of this Act, is amended by adding at the end the following new
section:
"SEC. 227. "42 USC 5027" (a)(1) Subject to paragraph (2) and the
availability of funds, the Director may make a grant or enter into a
contract under part A, B, or C for a period not to exceed 3 years. Each
applicant who receives a grant, or enters into a contract, under such
part for a period exceeding 1 year shall comply with such regulations as
the Director may issue to require such applicant --
"(A) to demonstrate that such applicant is in compliance with
such part and with the terms and conditions of such grant or
contract; and
"(B) to provide information to update the application submitted
to obtain such grant or contract.
"(2) If the amount appropriated for any fiscal year to carry out part
A, B, or C in a period during which multiyear grants or contracts are in
effect under such part is less than the amount appropriated to carry out
such part in the first fiscal year in such period, then the amounts
payable under all such grants and contracts in effect in such period
under such part shall be reduced pro rata.
"(b) The Director shall require each applicant for a multiyear grant
or contract under this section, to document or describe in the
application any meaningful administrative savings that will result from
such multiyear grant or contract.
"(c) If an applicant does not receive a multiyear grant or contract
under this section, the Director shall consider such applicant for a
single-year grant or contract.
"(d) If the Director approves an application for a contract or grant
to carry out a project for a multiyear period as referred to in
subsection (a), the Director shall ensure that such project shall be
treated in the same manner as a single-year contract or grant with
respect to --
"(1) the overall level of funding for such project;
"(2) any adjustments to Federal financial assistance that may
be available under section 226; and
"(3) the renewal of funding on the expiration of the term of
such contract or grant.".
SEC. 601. VISTA LITERACY CORPS.
Section 109 (42 U.S.C. 4959) is amended --
(1) in subsection (g)(1), by adding at the end the following
new sentence: "The Director shall ensure that records are
maintained to indicate the degree of compliance with this
requirement."; and
(2) by adding at the end the following new subsection:
"(h)(1) Subject to paragraphs (2) and (3), with respect to any
individual providing volunteer services in the program under this
section regarding literacy, the Director may, with the written consent
of the individual, assign the individual to serve in the general program
under this part regarding literacy.
"(2) To the extent practicable and without undue delay, the Director
shall ensure that a volunteer under this section is assigned to the
vacancy created within the relevant literacy project or program
established under this section.
"(3) Nothing in this subsection shall diminish or otherwise affect
the requirement in subsection (g)(1) that funds made available for this
section shall be used to supplement and not to supplant the 1986 level
of literacy services provided under part A.".
SEC. 602. TECHNICAL AND FINANCIAL ASSISTANCE FOR IMPROVEMENT OF
VOLUNTEER PROGRAMS.
Section 123 (42 U.S.C. 4993) is amended --
(1) by adding "(a)" after the section designation; and
(2) by adding at the end the following new subsection:
"(b)(1) The Director shall provide assistance for identification,
development, and dissemination of effective literacy materials and
programs by grant or contract to public and private nonprofit
organizations whose principal purpose is combatting of illiteracy and
its associated problems.
"(2) The Director shall consult with and annually submit summaries of
exemplary projects based on project reports to the national
clearinghouse on literacy education, as designated under section
372(d)(2) of the Adult Education Act (20 U.S.C. 1211a(d)(2)).
"(3) The emphasis for the grants or contracts under paragraph (1)
shall be --
"(A) broadly disseminating information relating to training and
technical assistance for the use of volunteers in projects or
programs providing literary services in poor urban and rural
areas, including English language literacy services for
individuals with limited English proficiency; or
"(B) developing new and innovative solutions to illiteracy
problems that involve the more effective and extensive use of
volunteers in such projects or programs.".
SEC. 603. SPECIAL INITIATIVES.
Section 124 (42 U.S.C. 4994) is amended by adding at the end the
following new subsection:
"(c) The Director may provide technical assistance, by grant or
contract, to employers who have established or desire to establish
worksite literacy programs to assist such employers in obtaining,
training, and integrating volunteers into worksite literacy programs.
The Director shall coordinate any activities assisted under this
subsection with the Department of Education Workplace Literacy programs
established under part C of the Adult Education Act (20 U.S.C. 1201 et
seq.).".
SEC. 701. ASSIGNMENT OF VOLUNTEERS TO HEALTH CARE PROBLEMS.
Section 103(a) (42 U.S.C. 4953(a)) is amended --
(1) by striking "and" at the end of paragraph (4);
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
"(5) in addressing significant health care problems, including
chronic and life-threatening illnesses and health care for
homeless individuals (especially homeless children) through
prevention, treatment, and community-based care activities; and".
SEC. 702. OATH OR AFFIRMATION.
The first sentence of section 104(c) (42 U.S.C. 4954(c)) is amended
by striking "in section 5(j)" and all that follows through "except" and
inserting "for persons appointed to any office of honor or profit by
section 3331 of title 5, United States Code, and shall swear (or affirm)
that the volunteer does not advocate the overthrow of the constitutional
form of government of the United States and that the volunteer is not a
member of an organization that advocates the overthrow of the
constitutional form of government of the United States, knowing that
such organization so advocates, except".
SEC. 703. LIMITATION ON FUNDS APPROPRIATED FOR GRANTS AND CONTRACTS.
Section 108(a) (42 U.S.C. 4958(a)) is amended by striking "16 per
centum" and inserting "30 percent".
SEC. 704. ADMINISTRATIVE ORGANIZATION.
Section 401 (42 U.S.C. 5041) is amended by adding at the end the
following: "There shall also be in such agency three individuals who
shall report directly to the Assistant Director who is primarily
responsible for the Older American Volunteer Programs under title II of
this Act. Each of such individuals shall be primarily responsible for
part A, B, or C of such title.".
SEC. 705. AMENDMENTS RELATING TO DEMONSTRATION PARTNERSHIP
AGREEMENTS ADDRESSING THE NEEDS OF THE POOR.
(a) GENERAL AUTHORITY. -- Section 408(a)(1) of the Human Services
Reauthorization Act of 1986 (42 U.S.C. 9910b(a)(1)) is amended --
(1) in the first sentence, by striking "provide for the
self-sufficiency of the Nation's poor" and inserting "stimulate
the development of new approaches to provide for greater
self-sufficiency of the poor, to test and evaluate such new
approaches, to disseminate project results and evaluation findings
so that such approaches can be replicated, and to strengthen the
integration, coordination, and redirection of activities to
promote maximum self-sufficiency among the poor"; and
(2) in the second sentence --
(A) by striking "or" at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and
inserting "; and"; and
(C) by adding at the end the following new subparagraph:
"(D) contain an assurance that the applicant for such grants
will obtain an independent, methodologically sound evaluation of
the effectiveness of the activities carried out with such grant
and will submit such evaluation to the Secretary.".
(b) LIMITATIONS. --
(1) SUBSEQUENT GRANTS. -- Section 408(b)(1) of such Act "42
USC 9910b" is amended --
(A) by striking "Grants" and inserting "(A) Subject to
subparagraph (B), grants";
(B) by striking "new" both places it appears; and
(C) by adding at the end the following new subparagraph:
"(B) After the first fiscal year for which an eligible entity
receives a grant under this section to carry out a program, the amount
of a subsequent grant made under this section to such entity to carry
out such program may not exceed 80 percent of the amount of the grant
previously received by such entity under this section to carry out such
program.".
(2) AMOUNT AND NUMBER OF GRANTS. -- Section 408(b)(3) of such
Act "42 USC 9910b" is amended --
(A) by inserting "in each fiscal year" after "one grant";
(B) by striking "$250,000" and inserting "$350,000"; and
(C) by adding at the end the following new sentence: "Not more
than 2 grants may be made under this section to an eligible entity
to carry out a particular program.".
(c) DISSEMINATION OF RESULTS. -- Subsection (c) of section 408 of
such Act is amended to read as follows:
"(c) DISSEMINATION OF RESULTS. -- As soon as practicable, but not
later than 180 days after the end of the fiscal year in which a
recipient of a grant under this section completes the expenditure of
such grant, the Secretary shall prepare and make available to each State
and each eligible entity a description of the program carried out with
such grant, any relevant information developed and results achieved, and
a summary of the evaluation of such program received under subsection
(a)(1)(D) so as to provide a model of innovative programs for other
eligible entities.".
(d) DEFINITION. -- Section 408(d)(1) of such Act is amended by
inserting before the semicolon the following: ", except that such term
includes an organization that serves migrant and seasonal farm workers
and that receives a grant under the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.) in the fiscal year preceding the fiscal year
for which such organization requests a grant under this section".
(e) AUTHORIZATION OF APPROPRIATIONS. -- Section 408(e) of such Act
is amended --
(1) by striking "is" and inserting "are"; and
(2) by inserting after "1989," the following: "and $7,000,000
for fiscal year 1990,".
(f) REPORT TO CONGRESS. -- Section 408 of such Act (as amended by
subsections (d) and (e) of this section) is amended --
(1) by redesignating subsections (d) and (e) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
"(d) REPLICATION OF PROGRAMS. -- (1) The Secretary shall annually
identify programs that receive grants under this section that
demonstrate a significant potential for dealing with particularly
critical needs or problems of the poor that exist in a number of
communities.
"(2) Not less than 10 percent, and not more than 25 percent, of the
funds appropriated for each fiscal year to carry out this section shall
be available to make grants under this section to replicate in
additional geographic areas programs identified under paragraph (1).
"(e) REPORT TO CONGRESS. -- The Secretary shall submit annually, to
the Committee on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate, a report
containing --
"(1) a description of --
"(A) programs for which grants under this section in the then
most recently completed fiscal year; and
"(B) the evaluations received under subsection (a)(1)(D) in
such fiscal year; and
"(2) a description of the methods used by the Secretary to
comply with subsection (c);
"(3) recommendations of the Secretary regarding the suitability
of carrying out such programs with funds made available under
other Federal laws; and
"(4) a description of each program identified under subsection
(d)(1) or replicated under subsection (d)(2), and an
identification of the geographical location where such program was
carried out.".
SEC. 801. NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS AUTHORIZATION.
(a) VOLUNTEERS IN SERVICE TO AMERICA. -- Section 501(a)(1) (42
U.S.C. 5081(a)(1)) is amended --
(1) by striking "and" after "1988,"; and
(2) by inserting before the period at the end the following:
", $30,600,000 for fiscal year 1990, $39,900,000 for fiscal year
1991, $47,800,000 for fiscal year 1992, and $56,000,000 for fiscal
year 1993";
(b) VISTA LITERACY CORPS. -- Section 501(a) (42 U.S.C. 5081(a)) is
amended --
(1) in paragraph (2) --
(A) by striking "and" after "1988,"; and
(B) by inserting before the period at the end the following:
", $6,050,000 for fiscal year 1990, $7,500,000 for fiscal year
1991, $9,000,000 for fiscal year 1992, and $10,500,000 for fiscal
year 1993"; and
(2) in paragraph (3), by striking "1987, 1988, and 1989" and
inserting "1987 through 1993".
(c) SERVICE-LEARNING PROGRAMS. -- Section 501(b) (42 U.S.C. 5081(b))
is amended by inserting before the period at the end the following: ",
$1,900,000 for fiscal year 1990, $2,000,000 for fiscal year 1991,
$2,100,000 for fiscal year 1992, and $2,200,000 for fiscal year 1993";
(d) SPECIAL VOLUNTEER PROGRAMS. -- Section 501(c) (42 U.S.C.
5081(c)) is amended --
(1) in the first sentence, by inserting before the period at
the end the following: ", $1,100,000 for fiscal year 1990,
$1,150,000 for fiscal year 1991, $1,200,000 for fiscal year 1992,
and $1,275,000 for fiscal year 1993"; and
(2) in the third sentence --
(A) by striking "and" after "1989,"; and
(B) by inserting before the period the following: ",
$5,250,000 for fiscal year 1992, and $5,500,000 for fiscal year
1993".
(e) YEARS OF VOLUNTEER SERVICE. -- Section 501(d)(1) (42 U.S.C.
5081(d)(1)) is amended --
(1) by striking "and" at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
"(D) 2800 years of volunteer service in fiscal year 1990;
"(E) 3000 years of volunteer service in fiscal year 1991;
"(F) 3200 years of volunteer service in fiscal year 1992; and
"(G) 3400 years of volunteer service in fiscal year 1993.".
SEC. 802. PRIORITY.
Section 501(d) (42 U.S.C. 5081(d)) is amended by adding at the end
the following new paragraph:
"(4)(A) In applying criteria with respect to meeting the number of
years of volunteer service under paragraph (1) for a fiscal year, the
Director may not exclude the costs of complying with section 105(b)(2)
for each volunteer under this part.
"(B) The minimum level of allowances for subsistence required under
section 105(b)(2) to be provided to each volunteer under this part may
not be reduced or limited in order to provide for the increase in the
number of years of volunteer service specified in paragraph (1) for each
of the fiscal years 1990 through 1993.
"(C) If the Director determines that funds appropriated to carry out
part A of title I are insufficient to provide for the years of volunteer
service as required in paragraph (1), the Director shall, within a
reasonable period of time in advance of the date on which such
additional funds must be reallocated to satisfy the requirements of such
subsection, notify the relevant authorizing and appropriating Committees
of Congress. Funds shall be reallocated to part A of title I from
amounts appropriated for part C of such title prior to the reallocation
of funds appropriated for other parts.".
SEC. 803. ADMINISTRATION AND COORDINATION.
Section 504 (42 U.S.C. 5084) is amended --
(1) by inserting "(a)" after "SEC. 504."; and
(2) by adding at the end the following new subsection:
"(b) For each of the fiscal years 1990 through 1993, there is
authorized to be appropriated for the administration of this Act, as
authorized in title IV, 20 percent of the total amount appropriated
under sections 501 and 502.".
SEC. 804. OLDER AMERICAN VOLUNTEER PROGRAMS.
(a) RETIRED SENIOR VOLUNTEER PROGRAM. -- Section 502(a) (42 U.S.C.
5082(a)) is amended --
(1) by inserting after "appropriated" the following: "not less
than the amount appropriated in the previous fiscal year and not
more than";
(2) by striking "$31,100,000" and all that follows through
"1988, and"; and
(3) by inserting after "1989" the following: ", $39,900,000
for fiscal year 1990, $43,900,000 for fiscal year 1991,
$48,300,000 for fiscal year 1992, and $53,100,000 for fiscal year
1993,".
(b) FOSTER GRANDPARENT PROGRAM. -- Section 502(b) (42 U.S.C.
5082(b)) is amended --
(1) by inserting after "appropriated" "not less than the amount
appropriated in the previous fiscal year and not more than";
(2) by striking "$58,700,000" and all that follows through
"1988, and"; and
(3) by inserting after "1989" the following: ", $70,800,000
for fiscal year 1990, $80,900,000 for fiscal year 1991,
$91,700,000 for fiscal year 1992, and $98,200,000 for fiscal year
1993,".
(c) SENIOR COMPANION PROGRAM. -- Section 502(c) (42 U.S.C. 5082(c))
is amended --
(1) by inserting after "appropriated" "not less than the amount
appropriated in the previous fiscal year and not more than";
(2) by striking "$28,600,000" and all that follows through
"1988, and"; and
(3) by inserting after "1989" the following: ", $36,600,000
for fiscal year 1990, $39,000,000 for fiscal year 1991,
$44,700,000 for fiscal year 1992, and $48,700,000 for fiscal year
1993,".
SEC. 901. AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in the first section (42 U.S.C. prec. 4951) is
amended --
(1) by striking the item relating to section 103 and inserting
the following new item:
"Sec. 103. Selection and assignment of volunteers.";
(2) by inserting after the item relating to section 109 the
following new item:
"Sec. 110. Applications for assistance by previous recipients.";
(3) by striking the item relating to the heading for part B of
title I and inserting the following new item:
(4) by striking the item relating to section 114 and inserting
the following new item:
"Sec. 114. Student community service programs.";
(5) by striking the item relating to section 124 and inserting
the following new item:
"Sec. 124. Drug abuse education and prevention services and
activities.";
(6) by striking the item relating to the heading of title II
and inserting the following new item:
(7) by inserting after the item relating to the heading of
title II the following new item:
"Sec. 200. Statement of purposes.";
(8) in the matter relating to the heading of part B of title II
by striking "AND OLDER AMERICAN COMMUNITY SERVICE PROGRAMS";
(9) by striking the item relating to section 221 and inserting
the following new item:
"Sec. 221. Promotion of older American volunteer programs.";
(10) by adding at the end of the items relating to part D of
title II the following new items:
"Sec. 225. Programs of national significance.
"Sec. 226. Adjustments to Federal financial assistance.
"Sec. 227. Multiyear grants or contracts.";
and (11) by striking the item relating to section 502 and
inserting the following new item:
"Sec. 502. Older Americans volunteer programs.".
SEC. 902. TECHNICAL AMENDMENTS.
The Act (42 U.S.C. 4951 et seq.) is amended --
(1) in the heading of title II (42 U.S.C. prec. 5001), by
striking "NATIONAL";
(2) in section 201(a) (42 U.S.C. 5001(a) --
(A) by striking "programs" and inserting "projects"; and
(B) by striking "program" each place it appears and inserting
"project";
(3) in the heading of part B of title II (42 U.S.C. prec. 5011)
by striking "AND OLDER AMERICAN COMMUNITY SERVICE PROGRAMS";
(4) in section 212(b) (42 U.S.C. 5012(b)), by striking "a
community action agency" and all that follows through the period
and inserting "an eligible entity as defined in section 673(1) of
the Community Services Block Grant Act (42 U.S.C. 9902(1)).";
(5) in section 213(c)(1) (42 U.S.C. 5013(c)) --
(A) by inserting "after subsection (a)" after "contracts"; and
(B) by inserting "individuals" after "elderly" each place it
appears;
(6) in section 224 (42 U.S.C. 5024), by striking "programs" and
inserting "projects"; and
(7) in the heading of section 502 (42 U.S.C. 5082) by striking
"NATIONAL".
SEC. 1001. TECHNICAL AMENDMENTS TO THE ANTI-DRUG ABUSE ACT OF 1988.
(a) DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS. --
Section 3503(2) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11803(2))
is amended by striking "that it has" and inserting "have".
(b) PROGRAM FOR RUNAWAY AND HOMELESS YOUTH. -- Section 3515 of such
Act (42 U.S.C. 11825) is amended --
(1) in subsection (b)(1) --
(A) in subparagraph (B), by inserting "stating" after "(B)";
and
(B) in subparagraph (C), by striking "a description of" and
inserting "describing"; and
(2) in subsection (c), by striking "Administrator" and
inserting "such officer".
(c) EVALUATION. --
(1) IN GENERAL. -- Section 3522 of such Act (42 U.S.C. 11842)
is amended --
(A) in subsection (a) --
(i) by striking ", acting through the Administrator,"; and
(ii) by striking "(as defined in section 3601(6))"; and
(B) in subsection (b), by striking "Administrator" and
inserting "Secretary of Health and Human Services".
(2) ADMINISTRATOR. -- Section 3601 of such Act (42 U.S.C.
11851) is amended --
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (13) as paragraphs
(1) through (12), respectively.
(d) REPORTS. -- Section 7296(b) of such Act (42 U.S.C. 5601 note) is
amended --
(1) in paragraph (2) by striking "section 7274(b)(1)" and
inserting "section 7253(b)(1)"; and
(2) by amending paragraph (3) to read as follows:
"(3) Notwithstanding the 180-day period provided in --
"(A) section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611 et seq.), as added by
section 7255;
"(B) section 361 of the Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.), as redesignated by section 7273(e)(2) and
amended by section 7274; and
"(C) section 404(a)(5) of the Missing Children's Assistance Act
(42 U.S.C. 5773(a)(5)), as amended by section 7285(a)(3);
the reports required by such sections to be submitted with respect to
fiscal year 1988 shall be submitted not later than August 1, 1989.".
(e) CLERICAL AMENDMENTS. --
(1) AUTHORIZED FUNDS. -- Section 7265(a)(4) of such Act (102
Stat. 4448) "42 USC 5671" is amended by inserting "after 'fiscal
years'" before ", and".
(2) AUTHORIZATION OF APPROPRIATIONS. -- Section 7280(2) of
such Act (102 Stat. 4459) "42 USC 5751" is amended by inserting
"after 'fiscal years'" before the comma at the end.
(3) AUTHORIZATION OF APPROPRIATIONS. -- Section 7289(3) of
such Act (102 Stat. 4461) "42 USC 5777" is amended by inserting
"after 'fiscal years'" before the period at the end.
SEC. 1002. TECHNICAL AMENDMENT TO THE JUVENILE JUSTICE AND
DELINQUENCY PREVENTION ACT OF 1974.
Section 291(a)(1) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5671(a)(1)) is amended by striking "is
authorized" and inserting "are authorized".
SEC. 1003. TECHNICAL AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH
ACT.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended --
(1) in section 361(a) (42 U.S.C. 5715(a)), by striking "report
to the Congress" and inserting "submit a report to the Committee
on Education and Labor of the House of Representatives and the
Committee on the Judiciary of the Senate";
(2) in section 361(b) (42 U.S.C. 5715(b)), by striking "The
Secretary shall annually report to the Congress" and inserting
"Not later than 180 days after the end of each fiscal year, the
Secretary shall submit a report to the Committee on Education and
Labor of the House of Representatives and the Committee on the
Judiciary of the Senate"; and
(3) in section 366(a)(1) (42 U.S.C. 5751(a)(1)), by striking
"is authorized" and inserting "are authorized".
SEC. 1004. TECHNICAL AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE
ACT.
The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended --
(1) in section 401 (42 U.S.C. 5601 note) --
(A) by inserting open quotation marks after "as the"; and
(B) by inserting close quotation marks after "Act";
(2) in section 404 (42 U.S.C. 5773) --
(A) in subsection (a)(5)(C), by striking the comma at the end
and inserting a semicolon; and
(B) in subsection (b)(2)(A), by inserting "to" after "(A)";
and
(3) in section 405(a)(9), (42 U.S.C. 5775(a)(9)), by striking
"clearinghouse" and inserting "clearinghouses".
Approved December 7, 1989.
LEGISLATIVE HISTORY -- H.R. 1312 (S. 1426):
HOUSE REPORTS: No. 101-116 (Comm. on Education and Labor).
SENATE REPORTS: No. 101-122 accompanying S. 1426 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): July 11, considered and
passed House. Sept. 15, considered and passed Senate, amended, in lieu
of S. 1426. Nov. 19, Senate agreed to conference report. Nov. 20,
House agreed to conference report.
Public Law 101-203, 103 Stat. 1805
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORITY TO SETTLE CLAIMS.
(a) INCREASED AUTHORITY. -- Section 3724 of title 31, United States
Code, is amended --
(1) in the first sentence of subsection (a) --
(A) by striking out "$500" and inserting in lieu thereof
"$50,000"; and
(B) by striking out "the Director" and all that follows through
"Investigation" and inserting in lieu thereof "an investigative or
law enforcement officer as defined in section 2680(h) of title 28
who is employed by the Department of Justice"; and
(2) in subsection (b) by striking out "The Attorney General" in the
first sentence and all that follows through "The" in the second sentence
and inserting in lieu thereof the following: "The Attorney General
shall report annually to the Congress on all settlements made under this
section. With respect to each such settlement, the".
(b) CONFORMING AMENDMENTS. --
(1) The section heading for section 3724 of title 31, United
States Code, is amended to read as follows:
"Section 3724. Claims for damages caused by investigative or law
enforcement officers of the Department of Justice".
(2) The item relating to section 3724 in the table of sections
at the beginning of chapter 37 of title 31, United States Code, is
amended to read as follows:
"3724. Claims for damages caused by investigative or law enforcement
officers of the Department of Justice.".
SEC. 2. "31 USC 3724 note" EFFECTIVE DATE.
The amendments made by section 1 shall apply to --
(1) any claim arising on or after the date of the enactment of
this Act,
(2) any claim pending on such date, and
(3) any claim arising before such date which has not been
settled if the time for presenting the claim to the Attorney
General under the last sentence of section 3724(a) of title 31,
United States Code, has not expired.
Approved December 7, 1989.
LEGISLATIVE HISTORY -- H.R. 972 (S. 604):
HOUSE REPORTS: No. 101-46 (Comm. on the Judiciary).
SENATE REPORTS: No. 101-163 accompanying S. 604 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 135 (1989): May 9, considered and passed
House. Oct. 27, considered and passed Senate, amended. S. 604
considered and passed Senate. Nov. 17, House concurred in Senate
amendment with an amendment. Nov. 20, Senate concurred in House
amendment.
Public Law 101-202, 103 Stat. 1796
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.) is amended by adding the following new
section:
"SEC. 22. "7 USC 2031" (a) IN GENERAL. --
"(1) Subject to paragraph (2), upon written application of the
State of Minnesota that complies with this section and sections 6
to 11, 13, 130, and 132 of article 5 of 282 of the 1989 Laws of
Minnesota, and after approval of such application by the Secretary
in accordance with subsections (b) and (d), the State may
implement a family investment demonstration project (hereinafter
in this section referred to as the 'Project') in parts of the
State to determine whether the Project more effectively helps
families to become self-supporting and enhances their ability to
care for their children than do the food stamp program and
programs under parts A and F of title IV of the Social Security
Act. The State may provide cash payments under the Project,
subject to paragraph (2), that replace assistance otherwise
available under the food stamp program and under part A of title
IV of the Social Security Act.
"(2) The Project may be implemented only in accordance with
this section and only if the Secretary of Health and Human
Services approves an application submitted by the State permitting
the State to include in the Project families who are eligible to
receive benefits under part A of title IV of the Social Security
Act.
"(b) REQUIRED TERMS AND CONDITIONS OF THE PROJECT. -- The
application submitted by the State under subsection (a) shall provide an
assurance that the Project shall satisfy all of the following
requirements:
"(1) Only families may be eligible to receive assistance and
services through the Project.
"(2) Participating families, families eligible for or
participating in the program authorized under part A of title IV
of the Social Security Act or the food stamp program that are
assigned to and found eligible for the Project, and families
required to submit an application for the Project that are found
eligible for the Project shall be ineligible to receive benefits
under the food stamp program.
"(3)(A) Subject to the provisions of this paragraph and any
reduction imposed under subsection (c)(3) of this section, the
value of assistance provided to participating families shall not
be less than the aggregate value of the assistance such families
could receive under the food stamp program and part A of title IV
of the Social Security Act if such families did not participate in
the Project.
"(B) For purposes of satisfying the requirement specified in
subparagraph (A) --
"(i) payments for child care expenses under the Project shall
be considered part of the value of assistance provided to
participating families with earnings;
"(ii) payments for child care expenses for families without
earnings shall not be considered part of the value of assistance
provided to participating families or the aggregate value of
assistance that such families could have received under the food
stamp program and part A of title IV of the Social Security Act;
and
"(iii) any child support payments not assigned to the State
under the provisions of part A of title IV of the Social Security
Act, less $50 per month, shall be considered part of the aggregate
value of assistance participating families would receive if such
families did not participate in the Project;
"(C) For purposes of satisfying the requirement specified in
subparagraph (A), the State shall --
"(i) identify the sets of characteristics indicative of
families that might receive less assistance under the Project;
"(ii) establish a mechanism to determine, for each
participating family that has a set of characteristics identified
under clause (i) whether such family could receive more
assistance, in the aggregate, under the food stamp program and
part A of title IV of the Social Security Act if such family did
not participate in the project;
"(iii) increase the amount of assistance provided under the
Project to any family that could receive more assistance, in the
aggregate, under the food stamp program and part A of title IV of
the Social Security Act if such family did not participate in the
Project, so that the assistance provided under the Project to such
family is not less than the aggregate amount of assistance such
family could receive under the food stamp program and part A of
title IV of the Social Security Act if such family did not
participate in the Project; and
"(iv) increase the amount of assistance paid to participating
families, if the State or locality imposes a sales tax on food, by
the amount needed to compensate for the tax.
This subparagraph shall not be construed to require the State
to make the determination under clause (ii) for families that do
not have a set of characteristics identified under clause (i).
"(D)(i) The State shall designate standardized amounts of
assistance provided as food assistance under the Project and
notify monthly each participating family of such designated
amount.
"(ii) The amount of food assistance so designated shall be at
least the value of coupons such family could have received under
the food stamp program if the Project had not been implemented.
The provisions of this subparagraph shall not require that the
State make individual determinations as to the amount of
assistance under the Project designated as food assistance.
"(iii) The State shall periodically allow participating
families the option to receive such food assistance in the form of
coupons.
"(E)(i) Individuals ineligible for the Project who are members
of a household including a participating family shall have their
eligibility for the food stamp program determined and have their
benefits calculated and issued following the standards established
under the food stamp program, except as provided differently in
this subparagraph.
"(ii) The State agency shall determine such individuals'
eligibility for benefits under the food stamp program and the
amount of such benefits without regard to the participating
family.
"(iii) In computing such individuals' income for purposes of
determining eligibility (under section 5(c)(1)) and benefits, the
State agency shall apply the maximum excess shelter expense
deduction specified under section 5(e).
"(iv) Such individuals' monthly allotment shall be the higher
of $10 or 75 percent of the amount calculated following the
standards of the food stamp program and the foregoing requirements
of this subparagraph, rounded to the nearest lower whole dollar.
"(4) The Project shall include education, employment, and
training services equivalent to those offered under the employment
and training program described in section 6(d)(4) to families
similar to participating families elsewhere in the State.
"(5) The State may select families for participation in the
Project through submission and approval of an application for
participation in the Project or by assigning to the Project
families that are determined eligible for or are participating in
the program authorized by part A of title IV of the Social
Security Act or the food stamp program.
"(6) Whenever selection for participation in the Project is
accomplished through submission and approval of an application for
the Project --
"(A) the State shall promptly determine eligibility for the
Project, and issue assistance to eligible families, retroactive to
the date of application, not later than thirty days following the
family's filing of an application;
"(B) in the case of families determined ineligible for the
Project upon application, the application for the Project shall be
deemed an application for the food stamp program, and benefits
under the food stamp program shall be issued to those found
eligible following the standards established under the food stamp
program;
"(C) expedited benefits shall be provided under terms no more
restrictive than under paragraph (9) of section 11(e) and the laws
of Minnesota and shall include expedited issuance of designated
food assistance provided through the Project or expedited benefits
through the food stamp program;
"(D) each individual who contacts the State in person during
office hours to make what may reasonably be interpreted as an oral
or written request to receive financial assistance shall receive
and shall be permitted to file an application form on the same day
such contact is first made;
"(E) provision shall be made for telephone contact by, mail
delivery of forms to and mail return of forms by, and subsequent
home or telephone interview with, elderly individuals, physically
or mentally handicapped individuals, and individuals otherwise
unable to appear in person solely because of transportation
difficulties and similar hardships;
"(F) a family may be represented by another person if the other
person has clearly been designated as the representative of such
family for that purpose and the representative is an adult who is
sufficiently aware of relevant circumstances, except that the
State may --
"(i) restrtict the number of families who may be represented by
such person; and
"(ii) otherwise establish criteria and verification standards
for representation under this subparagraph; and
"(G) the State shall provide a method for reviewing
applications to participate in the Project submitted by, and
distributing assistance under the Project to, families that do not
reside in permanent dwellings or who have no fixed mailing
address.
"(7) Whenever selection for participation in the Project is
accomplished by assigning families that are determined eligible
for or participating in the program authorized by part A of title
IV of the Social Security Act or the food stamp program --
"(A) the State shall provide eligible families assistance under
the Project no later than benefits would have been provided
following the standards established under the food stamp program;
and
"(B) the State shall ensure that assistance under the Project
is provided so that there is no interruption in benefits for
families participating in the program under part A of title IV of
the Social Security Act or the food stamp program.
"(8) Paragraphs (1)(B) and (8) of section 11(e) shall apply
with respect to applicants and participating families in the same
manner as such paragraphs apply with respect to applicants and
participants in the food stamp program.
"(9) Assistance provided under the Project shall be reduced to
reflect the pro rata value of any coupons received under the food
stamp program for the same period.
"(10)(A) The State shall provide each family or family member
whose participation in the Project ends and each family whose
participation is terminated with notice of the existence of the
food stamp program and the person or agency to contact for more
information.
"(B)(i) Following the standards specified in subparagraph (C),
the State shall ensure that benefits under the food stamp program
are provided to participating families in case the Project is
terminated or to participating families or family members that are
determined ineligible for the Project because of income,
resources, or change in household composition, if such families or
individuals are determined eligible for the food stamp program.
Food coupons shall be issued to eligible families and individuals
described in this clause retroactive to the date of termination
from the Project; and
"(ii) If sections 256.031 through 256.036 of the Minnesota
Statutes, 1989 Supplement, or Minnesota Laws 1989, chapter 282,
article 5, section 130, are amended to reduce or eliminate
benefits provided under those sections or restrict the rights of
Project applicants or participating families, the State shal
exclude from the Project applicants or participating families or
individuals affected by such amendments and follow the standards
specified in subparagraph (C), except that the State shall
continue to pay from State funds an amount equal to the food
assistance portion to such families and individuals until the
State determines eligibility or ineligibility for the food stamp
program or the family or individual has failed to supply the
needed additional information within ten days. Food coupons shall
be provided to families and individuals excluded from the Project
under this clause who are determined eligible for the food stamp
program retroactive to the date of the determination of
eligibility. The Secretary shall pay to the State the value of
the food coupons for which such families and individuals would
have been eligible in the absence of food assistance payments
under this clause from the date of termination from the Project to
the date food coupons are provided.
"(C) Each family whose Project participation is terminated
shall be screened for potential eligibility for the food stamp
program and if the screening indicates potential eligibility, the
family or family member shall be given a specific request to
supply all additional information needed to determine such
eligibility and assistance in completing a signed food stamp
program application including provision of any relevant
information obtained by the State for purpose of the Project. If
the family or family member supplies such additional information
within ten days after receiving the request, the State shall,
within five days after the State receives such information,
determine whether the family or family member is eligible for the
food stamp program. Each family or family member who is
determined through the screening or otherwise to be ineligible for
the food stamp program shall be notified of that determination.
"(11) Section 11(e)(10) shall apply with respect to applicant
and participating families in the same manner as such paragraph
applies with respect to applicants and participants in the food
stamp program, except that families shall be given notice of any
action for which a hearing is available in a manner consistent
with the notice requirements of the regulations implementing
sections 402(a)(4) and 482(h) of the Social Security Act.
"(12) For each fiscal year, the Secretary shall not be liable
for any costs related to carrying out the Project in excess of
those that the Secretary would have been liable for had the
Project not been implemented, except for costs for evaluating the
Project, but shall adjust for the full amount of the federal share
of increases or decreases in costs that result from changes in
economic, demographic, and other conditions in the State based on
data specific to the State, changes in eligibility or benefit
levels authorized by the Food Stamp Act, as amended, or changes in
amounts of Federal funds available to States and localities under
the food stamp program.
"(13) The State shall carry out the food stamp program
throughout the State while the State carries out the Project.
"(14)(A) Except as provided in subparagraph (B), the State will
carry out the Project during a five-year period beginning on the
date the first family receives assistance under the Project.
"(B) The Project may be terminated --
"(i) by the State one hundred and eighty days after the State
gives notice to the Secretary that it intends to terminate the
Project;
"(ii) by the Secretary one hundred and eighty days after the
Secretary, after notice and an opportunity for a hearing,
determines that the State materially failed to comply with this
section; or
"(iii) whenever the State and the Secretary jointly agree to
terminate the Project.
"(15) Not more than six thousand families may participate in
the Project simultaneously.
"(c) ADDITIONAL TERMS AND CONDITIONS OF THE PROJECT. -- The Project
shall be subject to the following additional terms and conditions:
"(1) The State may require any parent in a participating family
to participate in education, employment, or training requirements
unless the individual is a parent in a family with one parent who
--
"(A) is ill, incapacitated, or sixty years of age or older;
"(B) is needed in the home because of the illness or incapacity
of another family member;
"(C) is the parent of a child under one year of age and is
personally providing care for the child;
"(D) is the parent of a child under six years of age and is
employed or participating in education or employment and training
services for twenty or more hours a week;
"(E) works thirty or more hours a week or, if the number of
hours worked cannot be verified, earns at least the Federal
minimum hourly wage rate multiplied by thirty per week; or
"(F) is in the second or third trimester of pregnancy.
"(2) The State shall not require any parent of a child under
six years of age in a participating family with only one parent to
be employed or participate in education or employment and training
services for more than twenty hours a week.
"(3) For any period during which an individual required to
participate in education, employment, or training requirements
fails to comply without good cause with a requirement imposed by
the State under paragraph (1), the amount of assistance to the
family under the Project may be reduced by an amount not more than
10 percent of the assistance the family would be eligible for with
no income other than that from the Project.
"(d) FUNDING. --
"(1) If an application submitted under subsection (a) complies
with the requirements specified in subsection (b), then the
Secretary shall --
"(A) approve such application; and
"(B) subject to subsection (b)(12) from the funds appropriated
under this Act provide grant awards and pay the State each
calendar quarter for --
"(i) the cost of food assistance provided under the Project
equal to the amount that would have otherwise been issued in the
form of coupons under the food stamp program had the Project not
been implemented, as estimated under a methodology satisfactory to
the Secretary after negotiations with the State; and
"(ii) the administrative costs incurred by the State to provide
food assistance under the Project that are authorized under
subsections (a), (g), (h)(2), and (h)(3) of section 16 equal to
the amount that otherwise would have been paid under such
subsections had the Project not been implemented, as estimated
under a methodology satisfactory to the Secretary after
negotiations with the State: Provided, That payments made under
subsection (g) of section 16 shall equal payments that would have
been made if the Project had not been implemented.
"(2) The Secretary shall periodically adjust payments made to
the State under paragraph (1) to reflect --
"(A) the cost of coupons issued to individuals ineligible for
the Project specified in subsection (b)(3)(E) in excess of the
amount that would have been issued to such individuals had the
Project not been implemented, as estimated under a methodology
satisfactory to the Secretary after negotiations with the State;
and
"(B) the cost of coupons issued to families exercising the
option specified in paragraph (b)(3)(D)(iii) in excess of the
amount that would have been issued to such individuals had the
Project not been implemented, as estimated under a methodology
satisfactory to the Secretary after negotiations with the State.
"(3) Payments under paragraph (1)(B) shall include adjustments,
as estimated under a methodology satisfactory to the Secretary
after negotiations with the State, for increases or decreases in
the costs of providing food assistance and associated
administrative costs that result from changes in economic,
demographic, or other conditions in the State based on data
specific to the State, changes in eligibility or benefit levels
authorized by the Food Stamp Act, as amended, and changes in or
additional amounts of Federal funds available to States and
localities under the food stamp program.
"(e) WAIVER. -- With respect to the Project, the Secretary shall
waive compliance with any requirement contained in this Act (other than
this section) that, if applied, would prevent the State from carrying
out the Project or effectively achieving its purpose.
"(f) PROJECT AUDITS. -- The Comptroller General of the United States
shall --
"(1) conduct periodic audits of the operation of the Project to
verify the amounts payable to the State from time to time under
subsection (d); and
"(2) submit to the Secretary, the Secretary of Health and Human
Services, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of each
such audit.
"(g) CONSTRUCTION. -- (1) For purposes of any Federal, State, or
local law other than part A of title IV of the Social Security Act or
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) --
"(A) cash assistance provided under the Project that is
designated as food assistance by the State shall be treated in the
same manner as coupon allotments under the food stamp program are
treated; and
"(B) participating families shall be treated in the same manner
as participants in the food stamp program are treated.
"(2) Nothing in this section shall --
"(A) allow payments made to the State under the Project to be
less than the amounts the State and eligible households within the
State would have received if the Project had not been implemented;
or
"(B) require the Secretary to incur costs as a result of the
Project in excess of costs that would have been incurred if the
Project had not been implemented, except for costs for evaluation.
"(h) QUALITY CONTROL. -- Participating families shall be excluded
from any sample taken for purposes of making any determination under
section 16(c). For purposes of establishing the total value of
allotments under section 16(c)(1)(C), food coupons and the amount of
federal liability for food assistance provided under the Project as
limited by subsection b(12) of this section shall be treated as
allotments issued under the food stamp program. Payments for
administrative costs incurred by the State shall be included for
purposes of establishing the adjustment under section 16(c)(1)(A).
"(i) EVALUATION. -- (1) The State shall develop and implement a plan
for an independent evaluation designed to provide reliable information
on Project impacts and implementation. The evaluation will include
treatment and control groups and will include random assignment of
families to treatment and control groups in an urban setting. The
evaluation plan shall satisfy the evaluation concerns of the Secretary
of Agriculture such as effects on benefits to participants, costs of the
Project, payment accuracy, administrative consequences, any reduction in
welfare dependency, any reduction in total assistance payments, and the
consequences of cash payments on household expenditures, and food
consumption. The evaluation plan shall take into consideration the
evaluation requirements and administrative obligations of the State.
The evaluation will measure the effects of the Project in regard to
goals of increasing family income, prevention of long-term dependency,
movement toward self-support, and simplification of the welfare system.
"(2) The State shall pay 50 percent of the cost of developing and
implementing such plan and the Federal Government shall pay the
remainder.
"(j) DEFINITIONS. -- For purposes of this section, the following
definitions apply:
"(1) The term 'family' means the following individuals who live
together: a minor child or a group of minor children related to
each other as siblings, half siblings, stepsiblings, or adopted
siblings, together with their natural or adoptive parents, or
their caregiver. Family also includes a pregnant woman in the
third trimester of pregnancy with no children.
"(2) The term 'contract' means a plan to help a family pursue
self-sufficiency, based on the State's assessment of the family's
needs and abilities and developed with a parental caregiver.
"(3) The term 'caregiver' means a minor child's natural or
adoptive parent or parents who live in the home with the minor
child. For purposes of determining eligibility for the Project,
'caregiver' also means any of the following individuals who live
with and provide care and support to a minor child when the minor
child's natural or adoptive parent or parents do not reside in the
same home: grandfather, grandmother, brother, sister, stepfather,
stepmother, stepbrother, stepsister, uncle, aunt, first cousin,
nephew, niece, persons of preceding generations as denoted by
prefixes of 'great' or 'great-great' or a spouse of any person
named in the above groups even after the marriage ends by death or
divorce.
"(4) The term 'State' means the State of Minnesota.".
Approved December 6, 1989.
LEGISLATIVE HISTORY -- S. 1960:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 21, considered and
passed Senate and House.
Public Law 101-201, 103 Stat. 1795
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AGENT ORANGE SETTLEMENT PAYMENTS EXCLUDED FROM COUNTABLE
INCOME AND RESOURCES UNDER FEDERAL MEANS-TESTED PROGRAMS.
(a) IN GENERAL. -- That none of the payments made from the Agent
Orange Settlement Fund or any other fund established pursuant to the
settlement in the In Re Agent Orange product liability litigation,
M.D.L. No. 381 (E.D.N.Y.), shall be considered income or resources in
determining eligibility for or the amount of benefits under any Federal
or federally assisted program.
(b) EFFECTIVE DATE. -- The provision in subsection (a) shall become
effective January 1, 1989.
Approved December 6, 1989.
LEGISLATIVE HISTORY -- S. 892 (H.R. 1129):
HOUSE REPORTS: No. 101-373 accompanying H.R. 1129 (Comm. on
Government Operations).
CONGRESSIONAL RECORD, Vol. 135 (1989): June 8, considered and passed
Senate. Nov. 17, H.R. 1129, considered and passed House; proceedings
vacated and S. 892, amended, passed in lieu. Nov. 20, Senate concurred
in House amendment.
Public Law 101-200, 103 Stat. 1794
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISTRIBUTION WITHIN THE UNITED STATES OF THE UNITED
STATES INFORMATION AGENCY FILM ENTITLED "A TRIBUTE TO MICKEY LELAND".
Notwithstanding section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1(a)) 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 "A Tribute to Mickey Leland"; 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 --
(A) deposit that film in the National Archives of the United
States; and
(B) make copies of that film available for purchase and public
viewing within the United States.
Approved December 6, 1989.
LEGISLATIVE HISTORY -- H.R. 3294:
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 16, considered and
passed House. Nov. 21, considered and passed Senate.
Public Law 101-199, 103 Stat. 1793
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building
located at 2562 Hylan Boulevard, Staten Island, New York, known as the
New Dorp Station, is designated as the "Walter Edward Grady United
States Post Office Building". Any reference in a law, map, regulation,
document, record, or other paper of the United States to that building
shall be deemed to be a reference to the Walter Edward Grady United
States Post Office Building.
Approved December 6, 1989.
LEGISLATIVE HISTORY -- H.R. 481:
CONGRESSIONAL RECORD, Vol. 135 (1989): May 2, considered and passed
House. Nov. 21, considered and passed Senate.
Public Law 101-198, 103 Stat. 1792
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sum is
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year 1990, and for other purposes, namely:
For an additional amount for carrying out the Social Services Block
Grant Act, $100,000,000: Provided, That this amount shall only become
available if specically authorized in law.
Approved December 6, 1989.
LEGISLATIVE HISTORY -- H.J. Res. 448:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 21, considered and
passed House and Senate.
Public Law 101-197, 103 Stat. 1791
Whereas the presence of drugs and narcotics in our society has
resulted in innumerable problems of human, community, social, and
economic dimensions;
Whereas the dissolution of the family, inadequate education system,
poverty, unemployment, and greed all contribute to illegal drug use;
Whereas the consequences of drug-related problems are witnessed in
the loss of human lives, the loss of economic productivity, and the
diversion of public resources to address these problems on all fronts;
Whereas the demand for illegal drugs is a pervasive problem that
affects all segments of our society, including professional and affluent
people;
Whereas illegal drugs plague urban, suburdan, and rural communities
of all sizes and regions;
Whereas illegal drugs constitute a problem in our community and lead
to a host of problems such as homicide, robbery, burglary, and other
crimes and domestic violence;
Whereas a national response is needed to curtail the importation,
trafficking, sale, and abuse of drugs;
Whereas our Nation's cities and towns carry the heaviest burden in
confronting the Nation's drug problem;
Whereas hundreds of America's dedicated public servants have died and
thousands of others risk their lives daily in our cities' individual
battles against illegal drugs and in the criminal activities stemming
from illegal drugs; and
Whereas the National League of Cities has called on the President and
the Congress to join in a partnership in fighting drugs: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 3 through 9,
1989, is designated as "National Cities Fight Back Against Drugs 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 programs, ceremonies, and activities.
Approved December 5, 1989.
LEGISLATIVE HISTORY -- S.J. Res. 205:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 17, considered and
passed Senate. Nov. 21, considered and passed House.
Public Law 101-196, 103 Stat. 1790
Whereas more than two and one-half million Americans are affected by
Alzheimer's disease, which is a surprisingly common disorder that
destroys certain vital cells of the brain;
Whereas Alzheimer's disease is the fourth leading cause of death
among older Americans;
Whereas Alzheimer's disease is responsible for 45 per centum of all
nursing home admissions, at an annual cost of more than $80,000,000,000;
Whereas in one-third of all American families one parent will succumb
to this disease;
Whereas Alzheimer's disease is not a normal consequence of aging;
and
Whereas an increase in the national awareness of the problem of
Alzheimer's Disease and recognition of national organizations such as
the Alzheimer's Disease and Related Disorders Association and the
American Health Assistance Foundation may stimulate the interest and
concern of the American people, which may lead, in turn, to increased
research and eventually to the discovery of a cure for Alzheimer's
disease: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That November 1989 and November
1990 are designated as "National Alzheimer's Disease Month". The
President is requested to issue a proclamation calling upon the people
of the United States to observe such months with appropriate ceremonies
and activities.
Approved December 5, 1989.
LEGISLATIVE HISTORY -- S.J. Res. 16:
CONGRESSIONAL RECORD, Vol. 135 (1989): Aug. 3, considered and passed
Senate. Nov. 7, considered and passed House, amended. Nov. 21, Senate
concurred in House amendments.
Public Law 101-195, 103 Stat. 1784
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 "Nevada Wilderness Protection Act of
1989".
SEC. 2. "16 USC 1132 note" DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131-1136), the following lands in the State of Nevada are designated as
wilderness, and, therefore, as components of the National Wilderness
Preservation System:
(1) certain lands in the Toiyabe National Forest, which
comprise approximately 38,000 acres, as generally depicted on a
map entitled "Alta Toquima Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Alta Toquima Wilderness";
(2) certain lands in the Toiyabe National Forest, which
comprise approximately 115,000 acres, as generally depicted on a
map entitled "Arc Dome Wilderness -- Proposed", dated May, 1989,
and which shall be known as the "Arc Dome Wilderness";
(3) certain lands in the Inyo National Forest, which comprise
approximately 10,000 acres, as generally depicted on a map
entitled "Boundary Peak Wilderness -- Proposed", dated May, 1989,
and which shall be known as the "Boundary Peak Wilderness";
(4) certain lands in the Humboldt National Forest, which
comprise approximately 36,000 acres, as generally depicted on a
map entitled "Currant Mountain Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Currant Mountain
Wilderness";
(5) certain lands in the Humboldt National Forest, which
comprise approximately 36,900 acres, as generally depicted on a
map entitled "East Humboldts Wilderness -- Proposed", dated May,
1989, and which shall be known as the "East Humboldts Wilderness";
(6) certain lands in the Humboldt National Forest, which
comprise approximately 48,500 acres, as generally depicted on a
map entitled "Jarbidge Wilderness Addition -- Proposed", dated
May, 1989, and which are hereby incorporated in, and shall be
deemed to be a part of, the Jarbidge Wilderness as designated by
section 3(a) of the Wilderness Act (16 U.S.C. 1132(a));
(7) certain lands in the Toiyabe National Forest, which
comprise approximately 28,000 acres, as generally depicted on a
map entitled "Mt. Rose Wilderness -- Proposed", dated October,
1989, and which shall be known as the "Mt. Rose Wilderness";
(8) certain lands in the Humboldt National Forest, which
comprise approximately 27,000 acres, as generally depicted on a
map entitled "Quinn Canyon Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Quinn Canyon Wilderness";
(9) certain lands in the Humboldt National Forest, which
comprise approximately 90,000 acres, as generally depicted on a
map entitled "Ruby Mountains Wilderness -- Proposed", dated
September, 1989, and which shall be known as the "Ruby Mountains
Wilderness";
(10) certain lands in the Toiyabe National Forest, which
comprise approximately 43,000 acres, as generally depicted on a
map entitled "Mt. Charleston Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Mt. Charleston Wilderness";
(11) certain lands in the Toiyabe National Forest, which
comprise approximately 98,000 acres, as generally depicted on a
map entitled "Table Mountain Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Table Mountain Wilderness";
(12) certain lands in the Humboldt National Forest, which
comprise approximately 50,000 acres, as generally depicted on a
map entitled "Grant Range Wilderness -- Proposed", dated May,
1989, and which shall be known as the "Grant Range Wilderness";
(13) certain lands in the Humboldt National Forest, which
comprise approximately 82,000 acres, as generally depicted on a
map entitled "Mt. Moriah Wilderness -- Proposed", dated May, 1989,
and which shall be known as the "Mt. Moriah Wilderness"; and
(14) certain lands in the Humboldt National Forest, which
comprise approximately 31,000 acres, as generally depicted on a
map entitled "Santa Rosa Wilderness -- Proposed", dated May, 1989,
and which shall be known as the "Santa Rosa-Paradise Peak
Wilderness".
SEC. 3. MAPS AND DESCRIPTIONS.
As soon as practicable after enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description of each wilderness
area designated by this Act with the Committee on Interior and Insular
Affairs of the House of Representatives and with the Committee on Energy
and Natural Resources of the Senate. Each such map and description
shall have the same force and effect as if included in this Act, except
that correction of clerical errors in each such map and description may
be made by the Secretary. Each such map and description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture.
SEC. 4. ADMINISTRATION OF WILDERNESS.
Subject to valid existing rights, each wilderness area designated by
this Act shall be administered by the Secretary of Agriculture in
accordance with the provisions of the Wilderness Act governing areas
designated by the Wilderness Act as wilderness, except that any
reference in such provisions to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of this Act.
SEC. 5. WILDERNESS REVIEW CONCERNS.
(a) FINDINGS. -- The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in the State of Nevada and
of the environmental impacts associated with alternative
allocations of such areas.
(b) DETERMINATION. -- On the basis of such review, the Congress
hereby determines and directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to National Forest System lands in the
State of Nevada, such statement shall not be subject to judicial
review with respect to National Forest System lands in the State
of Nevada;
(2) with respect to --
(A) the National Forest System lands in the State of Nevada
that were reviewed by the Department of Agriculture in the second
roadless area review and evaluations (RARE II); and
(B) the lands described in subsection (d),
that review and evaluation or reference shall be deemed for the
purposes of the initial land management plans required for such
lands by section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604) to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System, and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans, but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a 10-year cycle, or at least every 15 years,
unless, prior to such time, the Secretary of Agriculture finds
that conditions in a unit have significantly changed;
(3) areas in the State of Nevada reviewed in such final
environmental statement or referenced in subsection (d) and not
designated as wilderness in section 2 shall be managed for
multiple use in accordance with land management plans pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604): Provided, That such areas need not
be managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of the initial
land management plans;
(4) in the event that revised land management plans in the
State of Nevada are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purposes of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600-1614) and other applicable law; and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of National Forest System lands in the State
of Nevada for the purpose of determining their suitability for
inclusion in the National Wilderness Preservation System.
(c) REVISIONS. -- As used in this section, and as provided in
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604), the term "revision" shall not include an
"amendment" to a plan.
(d) APPLICATION OF SECTION. -- Lands identified by reference to this
subsection are --
(1) National Forest System roadless lands in the State of
Nevada of less than 5,000 acres; and
(2) Those National Forest System roadless areas, or portions
thereof in the State of Nevada, identified in the unit plans
listed below, which are not designated as wilderness in section 2:
SEC. 6. GRAZING IN WILDERNESS AREAS.
(a) LIVESTOCK GRAZING. -- Grazing of livestock in wilderness areas
designated in section 2 that was established prior to the date of
enactment of this Act shall be administered in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of
the Act entitled "An Act to designate certain National Forest System
lands in the States of Colorado, South Dakota, Missouri, South Carolina,
and Louisiana for inclusion in the National Wilderness Preservation
System, and for other purposes (16 U.S.C. 1133 note).
(b) REVIEW. -- The Secretary of Agriculture is directed to review
all policies, practices, and regulations of the Department of
Agriculture regarding livestock grazing in National Forest Wilderness
areas in Nevada in order to insure that such policies, practices, and
regulations fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed in this
Act.
(c) REPORTS. -- Not later than 1 year after the enactment of this
Act, and at least every 5 years thereafter, the Secretary of Agriculture
shall submit to the Committee on Interior and Insular Affairs of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report detailing the progress made by the
Forest Service in carrying out the provisions of subsections (a) and
(b).
SEC. 7. PROHIBITION OF BUFFER ZONES.
Congress does not intend that the designation of wilderness areas in
the State of Nevada implies the creation of protective perimeters or
buffer zones around each wilderness area. The fact that nonwilderness
activities or uses can be seen or heard from within a wilderness area
shall not, of itself, preclude such activities or uses up to the
boundary of the wilderness area.
SEC. 8. WATER ALLOCATION AUTHORITY.
(a) Within the wilderness areas designated by this Act, there is
hereby reserved a quantity of water sufficient to fulfill the purposes
of the wilderness areas created by this Act.
(b) The priority date of the water rights reserved in paragraph (a)
shall be the date of enactment of this Act.
(c) The Secretary shall file a claim for the quantification of the
water rights reserved in paragraph (a) in an appropriate stream
adjudication and shall take all steps necessary to protect such rights
in such an adjudication.
(d) The Federal water rights reserved by this Act shall be in
addition to any water rights which may have been previously reserved or
obtained by the United States for other than wilderness purposes.
(e) The Federal water rights reserved by this Act are specific to the
wilderness areas located in the State of Nevada designated by this Act.
Nothing in this Act, nor in any legislative history accompanying this
Act related to reserved Federal water rights, shall be construed as
establishing a precedent with regard to any future designations, nor
shall it constitute an interpretation of any other Act or any
designation made pursuant thereto.
SEC. 9. STATE FISH AND WILDLIFE AUTHORITY.
As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C.
1133(d)(7)), nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Nevada with respect to
wildlife and fish in the national forests in Nevada.
SEC. 10. CLIMATOLOGICAL DATA COLLECTION.
Subject to such reasonable terms and conditions as the Secretary may
prescribe, nothing in this Act or the Wilderness Act shall be construed
to prevent, where appropriate, the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices within
the wilderness areas or additions thereto designated by this Act, where
such facilities and access thereto are essential to flood warning, flood
control and water reservoir operation purposes.
SEC. 11. LOW ALTITUDE FLIGHT ACTIVITIES.
Nothing in this Act shall preclude low level overflights of military
aircraft, the designation of new units of special airspace, or the use
or establishment of military flight training routes over the Alta
Toquima, Arc Dome, Currant Mountain or Table Mountain Wilderness areas.
Approved December 5, 1989.
LEGISLATIVE HISTORY -- S. 974:
HOUSE REPORTS: No. 101-339, Pt. 1 (Comm. on Interior and Insular
Affairs).
SENATE REPORTS: No. 101-113 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): Sept. 20, considered and
passed Senate. Nov. 16, 17, considered and passed House, amended. Nov.
20, Senate concurred in House amendments with an amendment. Nov. 21,
House concurred in Senate amendment.
Public Law 101-194, 103 Stat. 1716
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "5 USC app. 101 note" SHORT TITLE.
This Act may be cited as the "Ethics Reform Act of 1989".
SEC. 101. RESTRICTIONS ON POSTEMPLOYMENT ACTIVITIES.
(a) RESTRICTIONS. -- Section 207 of title 18, United States Code, is
amended to read as follows:
"Section 207. Restrictions on former officers, employees, and
elected officials of the executive and legislative branches
"(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOYEES OF THE EXECUTIVE
BRANCH AND CERTAIN OTHER AGENCIES. --
"(1) PERMANENT RESTRICTIONS ON REPRESENTATION ON PARTICULAR
MATTERS. -- Any person who is an officer or employee of the
executive branch of the United States Government (including any
independent agency of the United States and any special Government
employee), or of the District of Columbia, and who, after the
termination of his or her service or employment with the United
States Government or the District of Columbia, as the case may be,
knowingly makes, with the intent to influence, any communication
to or appearance before any officer or employee of any department,
agency, court, or court-martial of the United States or the
District of Columbia, as the case may be, on behalf of any other
person (except the United States) in connection with a particular
matter --
"(A) in which the United States is a party or has a direct and
substantial interest,
"(B) in which the person participated personally and
substantially as such officer or employee, and
"(C) which involved a specific party or specific parties at the
time of such participation,
shall be punished as provided in section 216 of this title.
"(2) TWO-YEAR RESTRICTIONS CONCERNING PARTICULAR MATTERS UNDER
OFFICIAL RESPONSIBILITY. -- Any person subject to the
restrictions contained in paragraph (1) who, within 2 years after
the termination of his or her service or employment with the
United States Government, knowingly makes, with the intent to
influence, any communication to or appearance before any officer
or employee of any department, agency, court, or court-martial of
the United States or the District of Columbia, on behalf of any
other person (except the United States), in connection with a
particular matter --
"(A) in which the United States is a party or has a direct and
substantial interest,
"(B) which such person knows or reasonably should know was
actually pending under his or her official responsibility as such
officer or employee within a period of 1 year before the
termination of his or her service or employment with the United
States Government or the District of Columbia, and
"(C) which involved a specific party or specific parties at the
time it was so pending,
shall be punished as provided in section 216 of this title.
"(b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING. --
"(1) IN GENERAL. -- Any person who is a former officer or
employee subject to the restrictions contained in subsection
(a)(1), and any person described in subsection (e)(7), who
personally and substantially participated in any ongoing trade or
treaty negotiation on behalf of the United States within the
1-year period preceding the date on which his or her service or
employment with the United States terminated, and who had access
to information concerning such trade or treaty negotiation which
is exempt from disclosure under section 552 of title 5, and which
is so designated by the appropriate department or agency, shall
not, on the basis of that information, which the person knew or
should have known was so designated, knowingly represent, aid, or
advise any other person (except the United States) concerning such
ongoing trade or treaty negotiation for 1 year after his or her
service or employment with the United States Government
terminates. Any person who violates this subsection shall be
punished as provided in section 216 of this title.
"(2) DEFINITION. -- For purposes of this paragraph --
"(A) the term 'trade negotiation' means negotiations which the
President determines to undertake to enter into a trade agreement
pursuant to section 1102 of the Omnibus Trade and Competitiveness
Act of 1988, and does not include any action taken before that
determination is made; and
"(B) the term 'treaty' means an international agreement made by
the President that requires the advice and consent of the Senate.
"(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PERSONNEL OF THE
EXECUTIVE BRANCH AND INDEPENDENT AGENCIES. --
"(1) RESTRICTIONS. -- In addition to the restrictions set
forth in subsections (a) and (b), any person who is an officer or
employee of the executive branch (including an independent
agency), who is referred to in paragraph (2), and who, within 1
year after the termination of his or her service or employment as
such officer or employee, knowingly makes, with the intent to
influence, any communication to or appearance before any officer
or employee of the department or agency in which such person
served within 1 year before such termination, on behalf of any
other person (except the United States), in connection with any
matter on which such person seeks official action by any officer
or employee of such department or agency, shall be punished as
provided in section 216 of this title.
"(2) PERSONS TO WHOM RESTRICTIONS APPLY. -- (A) Paragraph (1)
shall apply to a person (other than a person subject to the
restrictions of subsection (d)) --
"(i) employed at a rate of pay fixed according to subchapter II
of chapter 53 of title 5, or a comparable or greater rate of pay
under other authority,
"(ii) employed in a position which is not referred to in clause
(i) and for which the basic rate of pay is equal to or greater
than the basic rate of pay payable for GS-17 of the General
Schedule,
"(iii) appointed by the President to a position under section
105(a)(2)(B) of title 3 or by the Vice President to a position
under section 106(a)(1)(B) of title 3, or
"(iv) employed in a position which is held by an active duty
commissioned officer of the uniformed services who is serving in a
grade or rank for which the pay grade (as specified in section 201
of title 37) is pay grade O-7 or above.
"(B) Paragraph (1) shall not apply to a special Government
employee who serves less than 60 days in the 1-year period before
his or her service or employment as such employee terminates.
"(C) Subparagraph (A)(ii) includes persons employed in the
Senior Executive Service at the basic rate of pay specified in
that subparagraph.
"(D) At the request of a department or agency, the Director of
the Office of Government Ethics may waive the restrictions
contained in paragraph (1) with respect to any position, or
category of positions, referred to in clause (ii) or (iv) of
subparagraph (A), in such department or agency if the Director
determines that --
"(i) the imposition of the restrictions with respect to such
position or positions would create an undue hardship on the
department or agency in obtaining qualified personnel to fill such
position or positions, and
"(ii) granting the waiver would not create the potential for
use of undue influence or unfair advantage.
"(d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE EXECUTIVE BRANCH
AND INDEPENDENT AGENCIES. --
"(1) RESTRICTIONS. -- In addition to the restrictions set
forth in subsections (a) and (b), any person who --
"(A) serves in the position of Vice President of the United
States,
"(B) is employed in a position paid at a rate of pay payable
for level I of the Executive Schedule or employed in a position in
the Executive Office of the President at a rate of pay payable for
level II of the Executive Schedule, or
"(C) is appointed by the President to a position under section
105(a)(2)(A) of title 3 or by the Vice President to a position
under section 106(a)(1)(A) of title 3,
and who, within 1 year after the termination of that person's
service in that position, knowingly makes, with the intent to
influence, any communication to or appearance before any person
described in paragraph (2), on behalf of any other person (except
the United States), in connection with any matter on which such
person seeks official action by any officer or employee of the
executive branch of the United States, shall be punished as
provided in section 216 of this title.
"(2) ENTITIES TO WHICH RESTRICTIONS APPLY. -- The persons
referred to in paragraph (1) with respect to appearances or
communications by a person in a position described in subparagraph
(A), (B), or (C) of paragraph (1) are --
"(A) any officer or employee of any department or agency in
which such person served in such position within a period of 1
year before such person's service or employment with the United
States Government terminated, and
"(B) any other person appointed to a position in the executive
branch which is listed in section 5312, 5313, 5314, 5315, or 5316
of title 5.
"(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND OFFICERS AND EMPLOYEES
OF THE LEGISLATIVE BRANCH. --
"(1) MEMBERS OF CONGRESS AND ELECTED OFFICERS. -- (A) Any
person who is a Member of Congress or an elected officer of either
House of Congress and who, within 1 year after that person leaves
office, knowingly makes, with the intent to influence, any
communication to or appearance before any of the persons described
in subparagraph (B) or (C), on behalf of any other person (except
the United States) in connection with any matter on which such
former Member of Congress or elected officer seeks action by a
Member, officer, or employee of either House of Congress, in his
or her official capacity, shall be punished as provided in section
216 of this title.
"(B) The persons referred to in subparagraph (A) with respect
to appearances or communications by a former Member of Congress
are any Member, officer, or employee of either House of Congress,
and any employee of any other legislative office of the Congress.
"(C) The persons referred to in subparagraph (A) with respect
to appearances or communications by a former elected officer are
any Member, officer, or employee of the House of Congress in which
the elected officer served.
"(2) PERSONAL STAFF. -- (A) Any person who is an employee of a
Senator or an employee of a Member of the House of Representatives
and who, within 1 year after the termination of that employment,
knowingly makes, with the intent to influence, any communication
to or appearance before any of the persons described in
subparagraph (B), on behalf of any other person (except the United
States) in connection with any matter on which such former
employee seeks action by a Member, officer, or employee of either
House of Congress, in his or her official capacity, shall be
punished as provided in section 216 of this title.
"(B) The persons referred to in subparagraph (A) with respect
to appearances or communications by a person who is a former
employee are the following:
"(i) the Senator or Member of the House of Representatives for
whom that person was an employee; and
"(ii) any employee of that Senator or Member of the House of
Representatives.
"(3) COMMITTEE STAFF. -- Any person who is an employee of a
committee of Congress and who, within 1 year after the termination
of that person's employment on such committee, knowingly makes,
with the intent to influence, any communication to or appearance
before any person who is a Member or an employee of that committee
or who was a Member of the committee in the year immediately prior
to the termination of such person's employment by the committee,
on behalf of any other person (except the United States) in
connection with any matter on which such former employee seeks
action by a Member, officer, or employee of either House of
Congress, in his or her official capacity, shall be punished as
provided in section 216 of this title.
"(4) LEADERSHIP STAFF. -- (A) Any person who is an employee on
the leadership staff of the House of Representatives or an
employee on the leadership staff of the Senate and who, within 1
year after the termination of that person's employment on such
staff, knowingly makes, with the intent to influence, any
communication to or appearance before any of the persons described
in subparagraph (B), on behalf of any other person (except the
United States) in connection with any matter on which such former
employee seeks action by a Member, officer, or employee of either
House of Congress, in his or her official capacity, shall be
punished as provided in section 216 of this title.
"(B) The persons referred to in subparagraph (A) with respect
to appearances or communications by a former employee are the
following:
"(i) in the case of a former employee on the leadership staff
of the House of Representatives, those persons are any Member of
the leadership of the House of Representatives and any employee on
the leadership staff of the House of Representatives; and
"(ii) in the case of a former employee on the leadership staff
of the Senate, those persons are any Member of the leadership of
the Senate and any employee on the leadership staff of the Senate.
"(5) OTHER LEGISLATIVE OFFICES. -- (A) Any person who is an
employee of any other legislative office of the Congress and who,
within 1 year after the termination of that person's employment in
such office, knowingly makes, with the intent to influence, any
communication to or appearance before any of the persons described
in subparagraph (B), on behalf of any other person (except the
United States) in connection with any matter on which such former
employee seeks action by any officer or employee of such office,
in his or her official capacity, shall be punished as provided in
section 216 of this title.
"(B) The persons referred to in subparagraph (A) with respect
to appearances or communications by a former employee are the
employees and officers of the former legislative office of the
Congress of the former employee.
"(6) LIMITATION ON RESTRICTIONS. -- The restrictions contained
in paragraphs (2), (3), (4), and (5) apply only to acts by a
former employee who, for at least 60 days, in the aggregate,
during the 1-year period before that former employee's service as
such employee terminated, was paid for such service at a basic
rate of pay equal to or greater than the basic rate of pay payable
for GS-17 of the General Schedule under section 5332 of title 5.
"(7) DEFINITIONS. -- As used in this subsection --
"(A) the term 'committee of Congress' includes standing
committees, joint committees, and select committees;
"(B) a person is an employee of a House of Congress if that
person is an employee of the Senate or an employee of the House of
Representatives;
"(C) the term 'employee of the House of Representatives' means
an employee of a Member of the House of Representatives, an
employee of a committee of the House of Representatives, an
employee of a joint committee of the Congress whose pay is
disbursed by the Clerk of the House of Representatives, and an
employee on the leadership staff of the House of Representatives;
"(D) the term 'employee of the Senate' means an employee of a
Senator, an employee of a committee of the Senate, an employee of
a joint committee of the Congress whose pay is disbursed by the
Secretary of the Senate, and an employee on the leadership staff
of the Senate;
"(E) a person is an employee of a Member of the House of
Representatives if that person is an employee of a Member of the
House of Representatives under the clerk hire allowance;
"(F) a person is an employee of a Senator if that person is an
employee in a position in the office of a Senator;
"(G) the term 'employee of any other legislative office of the
Congress' means an officer or employee of the Architect of the
Capitol, the United States Botanic Garden, the General Accounting
Office, the Government Printing Office, the Library of Congress,
the Office of Technology Assessment, the Congressional Budget
Office, the Copyright Royalty Tribunal, the United States Capitol
Police, and any other agency, entity, or office in the legislative
branch not covered by paragraph (1), (2), (3), or (4) of this
subsection;
"(H) the term 'employee on the leadership staff of the House of
Representatives' means an employee of the office of a Member of
the leadership of the House of Representatives described in
subparagraph (L), and any elected minority employee of the House
of Representatives;
"(I) the term 'employee on the leadership staff of the Senate'
means an employee of the office of a Member of the leadership of
the Senate described in subparagraph (M);
"(J) the term 'Member of Congress' means a Senator or a Member
of the House of Representatives;
"(K) the term 'Member of the House of Representatives' means a
Representative in, or a Delegate or Resident Commissioner to, the
Congress;
"(L) the term 'Member of the leadership of the House of
Representatives' means the Speaker, majority leader, minority
leader, majority whip, minority whip, chief deputy majority whip,
chief deputy minority whip, chairman of the Democratic Steering
Committee, chairman and vice chairman of the Democratic Caucus,
chairman, vice chairman, and secretary of the Republican
Conference, chairman of the Republican Research Committee, and
chairman of the Republican Policy Committee, of the House of
Representatives (or any similar position created after the
effective date set forth in section 102(a) of the Ethics Reform
Act of 1989);
"(M) the term 'Member of the leadership of the Senate' means
the Vice President, and the President pro tempore, Deputy
President pro tempore, majority leader, minority leader, majority
whip, minority whip, chairman and secretary of the Conference of
the Majority, chairman and secretary of the Conference of the
Minority, chairman and co-chairman of the Majority Policy
Committee, and chairman of the Minority Policy Committee, of the
Senate (or any similar position created after the effective date
set forth in section 102(a) of the Ethics Reform Act of 1989).
"(f) RESTRICTIONS RELATING TO FOREIGN ENTITIES. --
"(1) RESTRICTIONS. -- Any person who is subject to the
restrictions contained in subsection (c), (d), or (e) and who
knowingly, within 1 year after leaving the position, office, or
employment referred to in subsection (c), (d), or (e), as the case
may be --
"(A) represents the interests of a foreign entity before any
officer or employee of any department or agency of the Government
of the United States with the intent to influence a decision of
such officer or employee in carrying out his or her official
duties, or
"(B) aids or advises a foreign entity with the intent to
influence a decision of any officer or employee of any department
or agency of the Government of the United States, in carrying out
his or her official duties,
shall be punished as provided in section 216 of this title.
"(2) DEFINITION. -- For purposes of this subsection, the term
'foreign entity' means the government of a foreign country as
defined in section 1(e) of the Foreign Agents Registration Act of
1938, as amended, or a foreign political party as defined in
section 1(f) of that Act.".
"(g) SPECIAL RULES FOR DETAILEES. -- For purposes of this section, a
person who is detailed from one department, agency, or other entity to
another department, agency, or other entity shall, during the period
such person is detailed, be deemed to be an officer or employee of both
departments, agencies, or such entities.
"(h) DESIGNATIONS OF SEPARATE STATUTORY AGENCIES AND BUREAUS. --
"(1) DESIGNATIONS. -- For purposes of subsection (c) and
except as provided in paragraph (2), whenever the Director of the
Office of Government Ethics determines that an agency or bureau
within a department or agency in the executive branch exercises
functions which are distinct and separate from the remaining
functions of the department or agency and that there exists no
potential for use of undue influence or unfair advantage based on
past Government service, the Director shall by rule designate such
agency or bureau as a separate department or agency. On an annual
basis the Director of the Office of Government Ethics shall review
the designations and determinations made under this subparagraph
and, in consultation with the department or agency concerned, make
such additions and deletions as are necessary. Departments and
agencies shall cooperate to the fullest extent with the Director
of the Office of Government Ethics in the exercise of his or her
responsibilities under this paragraph.
"(2) INAPPLICABILITY OF DESIGNATIONS. -- No agency or bureau
within the Executive Office of the President may be designated
under paragraph (1) as a separate department or agency. No
designation under paragraph (1) shall apply to persons referred to
in subsection (c)(2)(A)(i) or (iii).
"(i) DEFINITIONS. -- For purposes of this section --
"(1) the term 'intent to influence' means the intent to affect
any official action by a Government entity of the United States
through any officer or employee of the United States, including
Members of Congress;
"(2) the term 'participated' means an action taken as an
officer or employee through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or other
such action; and
"(3) the term 'particular matter' includes any investigation,
application, request for a ruling or determination, rulemaking,
contract, controversy, claim, charge, accusation, arrest, or
judicial or other proceeding.
"(j) EXCEPTIONS. --
"(1) OFFICIAL GOVERNMENT DUTIES. -- The restrictions contained
in subsections (a), (c), (d), and (e) shall not apply to acts done
in carrying out official duties as an officer or employee of the
United States Government or as an elected official of a State or
local government.
"(2) STATE AND LOCAL GOVERNMENTS AND INSTITUTIONS, HOSPITALS,
AND ORGANIZATIONS. -- The restrictions contained in subsections
(c), (d), and (e) shall not apply to acts done in carrying out
official duties as an employee of --
"(A) an agency or instrumentality of a State or local
government if the appearance, communication, or representation is
on behalf of such government, or
"(B) an accredited, degree-granting institution of higher
education, as defined in section 1201(a) of the Higher Education
Act of 1965, or a hospital or medical research organization,
exempted and defined under section 501(c)(3) of the Internal
Revenue Code of 1986, if the appearance, communication, or
representation is on behalf of such institution, hospital, or
organization.
"(3) INTERNATIONAL ORGANIZATIONS. -- The restrictions
contained in subsections (c), (d), and (e) shall not apply to an
appearance or communication on behalf of, or advice or aid to, an
international organization of which the United States is a member.
"(4) PERSONAL MATTERS AND SPECIAL KNOWLEDGE. -- The
restrictions contained in subsections (c), (d), and (e) shall not
apply to appearances or communications by a former officer or
employee concerning matters of a personal and individual nature,
such as personal income taxes or pension benefits; nor shall the
prohibitions of those subsections prevent a former officer or
employee from making or providing a statement, which is based on
the former officer's or employee's own special knowledge in the
particular area that is the subject of the statement, if no
compensation is thereby received, other than that regularly
provided for by law or regulation for witnesses.
"(5) EXCEPTION FOR SCIENTIFIC OR TECHNOLOGICAL INFORMATION. --
The restrictions contained in subsections (a), (c), (d), and (e)
shall not apply with respect to the making of communications
solely for the purpose of furnishing scientific or technological
information, if such communications are made under procedures
acceptable to the department or agency concerned or if the head of
the department or agency concerned with the particular matter, in
consultation with the Director of the Office of Government Ethics,
makes a certification, published in the Federal Register, that the
former officer or employee has outstanding qualifications in a
scientific, technological, or other technical discipline, and is
acting with respect to a particular matter which requires such
qualifications, and that the national interest would be served by
the participation of the former officer or employee.
"(6) EXCEPTION FOR TESTIMONY. -- Nothing in this section shall
prevent a former Member of Congress or officer or employee of the
executive or legislative branch or an independent agency
(including the Vice President and any special Government employee)
from giving testimony under oath, or from making statements
required to be made under penalty of perjury. Notwithstanding the
preceding sentence, a former officer or employee subject to the
restrictions contained in subsection (a)(1) with respect to a
particular matter may not, except pursuant to court order, serve
as an expert witness for any other person (except the United
States) in that matter.".
(b) CONFORMING AMENDMENT. -- The item relating to section 207 in the
table of sections at the beginning of chapter 11 of title 18, United
States Code, is amended to read as follows:
"207. Restrictions on former officers, employees, and elected
officials of the executive and legislative branches."
SEC. 102. "18 USC 207 note" EFFECTIVE DATE.
(a) IN GENERAL. -- Subject to subsection (b), the amendments made by
section 101 take effect on January 1, 1991.
(b) EFFECT ON EMPLOYMENT. -- (1) The amendments made by section 101
apply only to persons whose service as a Member of Congress or an
officer or employee to which such amendments apply terminates on or
after the effective date of such amendments.
(2) With respect to service as an officer or employee which
terminates before the effective date set forth in subsection (a),
section 207 of title 18, United States Code, as in effect at the time of
the termination of such service, shall continue to apply, on and after
such effective date, with respect to such service.
SEC. 201. REPEAL OF TITLES II AND III OF THE ETHICS IN GOVERNMENT
ACT OF 1978.
Titles II and III of the Ethics in Government Act of 1978 (5 U.S.C.
App.; 28 U.S.C. App.) are repealed.
SEC. 202. FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL.
Title I of the Ethics in Government Act of 1978 (2 U.S.C. 701 et
seq.) is amended to read as follows:
"SEC. 101. (a) "5 USC app. 101" Within thirty days of assuming the
position of an officer or employee described in subsection (f), an
individual shall file a report containing the information described in
section 102(b) unless the individual has left another position described
in subsection (f) within thirty days prior to assuming such new position
or has already filed a report under this title with respect to
nomination for the new position or as a candidate for the position.
"(b)(1) Within five days of the transmittal by the President to the
Senate of the nomination of an individual (other than an individual
nominated for appointment to a position as a Foreign Service Officer or
a grade or rank in the uniformed services for which the pay grade
prescribed by section 201 of title 37, United States Code, is O-6 or
below) to a position, appointment to which requires the advice and
consent of the Senate, such individual shall file a report containing
the information described in section 102(b). Such individual shall, not
later than the date of the first hearing to consider the nomination of
such individual, make current the report filed pursuant to this
paragraph by filing the information required by section 102(a)(1)(A)
with respect to income and honoraria received as of the date which
occurs five days before the date of such hearing. Nothing in this Act
shall prevent any Congressional committee from requesting, as a
condition of confirmation, any additional financial information from any
Presidential nominee whose nomination has been referred to that
committee.
"(2) An individual whom the President or the President-elect has
publicly announced he intends to nominate to a position may file the
report required by paragraph (1) at any time after that public
announcement, but not later than is required under the first sentence of
such paragraph.
"(c) Within thirty days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of President, Vice President, or
Member of Congress, or on or before May 15 of that calendar year,
whichever is later, but in no event later than 30 days before the
election, and on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall file a report
containing the information described in section 102(b). Notwithstanding
the preceding sentence, in any calendar year in which an individual
continues to be a candidate for any office but all elections for such
office relating to such candidacy were held in prior calendar years,
such individual need not file a report unless he becomes a candidate for
another vacancy in that office or another office during that year.
"(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of sixty days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 102(a).
"(e) Any individual who occupies a position described in subsection
(f) shall, on or before the later of May 15 or the thirtieth day after
termination of employment in such position, file a report containing the
information described in section 102(a) covering the preceding calendar
year if the report required by subsection (d) has not been filed and
covering the portion of the calendar year in which such termination
occurs up to the date the individual left such office or position,
unless such individual has accepted employment in another position
described in subsection (f).
"(f) The officers and employees referred to in subsections (a), (d),
and (e) are --
"(1) the President;
"(2) the Vice President;
"(3) each officer or employee in the executive branch,
including a special Government employee as defined in section 202
of title 18, United States Code, whose position is classified at
GS-16 or above of the General Schedule prescribed by section 5332
of title 5, United States Code, or the rate of basic pay for which
is fixed (other than under the General Schedule) at a rate equal
to or greater than the minimum rate of basic pay fixed for GS-16;
each member of a uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37, United States Code;
and each officer or employee in any other position determined by
the Director of the Office of Government Ethics to be of equal
classification;
"(4) each employee appointed pursuant to section 3105 of title
5, United States Code;
"(5) any employee not described in paragraph (3) who is in a
position in the executive branch which is excepted from the
competitive service by reason of being of a confidential or
policymaking character, except that the Director of the Office of
Government Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of individuals, who are
in such positions, but only in cases in which the Director
determines such exclusion would not affect adversely the integrity
of the Government or the public's confidence in the integrity of
the Government;
"(6) the Postmaster General, the Deputy Postmaster General,
each Governor of the Board of Governors of the United States
Postal Service and each officer or employee of the United States
Postal Service or Postal Rate Commission whose basic rate of pay
is equal to or greater than the minimum rate of basic pay fixed
for GS-16;
"(7) the Director of the Office of Government Ethics and each
designated agency ethics official;
"(8) any civilian employee not described in paragraph (3),
employed in the Executive Office of the President (other than a
special government employee) who holds a commission of appointment
from the President;
"(9) a Member of Congress as defined under section 109(12);
"(10) an officer or employee of the Congress as defined under
section 109(13);
"(11) a judicial officer as defined under section 109(10); and
"(12) a judicial employee as defined under section 109(8).
"(g) Reasonable extensions of time for filing any report may be
granted under procedures prescribed by the supervising ethics office for
each branch, but the total of such extensions shall not exceed ninety
days.
"(h) The provisions of subsections (a), (b), and (e) shall not apply
to an individual who, as determined by the designated agency ethics
official or Secretary concerned (or in the case of a Presidential
appointee under subsection (b), the Director of the Office of Government
Ethics), the congressional ethics committees, or the Judicial Conference
of the United States, is not reasonably expected to perform the duties
of his office or position for more than sixty days in a calendar year,
except that if such individual performs the duties of his office or
position for more than sixty days in a calendar year --
"(1) the report required by subsections (a) and (b) shall be
filed within fifteen days of the sixtieth day, and
"(2) the report required by subsection (e) shall be filed as
provided in such subsection.
"(i) The supervising ethics office for each branch may grant a
publicly available request for a waiver of any reporting requirement
under this section for an individual who is expected to perform or has
performed the duties of his office or position less than one hundred and
thirty days in a calendar year, but only if the supervising ethics
office determines that --
"(1) such individual is not a full-time employee of the
Government,
"(2) such individual is able to provide services specially
needed by the Government,
"(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
"(4) public financial disclosure by such individual is not
necessary in the circumstances.
"SEC. 102. (a) "5 USC app. 102" Each report filed pursuant to
section 101(d) and (e) shall include a full and complete statement with
respect to the following:
"(1)(A) The source, type, and amount or value of income (other
than income referred to in subparagraph (B)) from any source
(other than from current employment by the United States
Government), and the source, date, and amount of honoraria from
any source, received during the preceding calendar year,
aggregating $200 or more in value and, effective January 1, 1991,
the source, date, and amount of payments made to charitable
organizations in lieu of honoraria, and such individuals shall
simultaneously file with the applicable supervising ethics office,
on a confidential basis, a corresponding list of recipients of all
such payments, together with the dates and amounts of such
payments.
"(B) The source and type of income which consists of dividends,
rents, interest, and capital gains, received during the preceding
calendar year which exceeds $200 in amount or value, and an
indication of which of the following categories the amount or
value of such item of income is within:
"(i) not more than $1,000,
"(ii) greater than $1,000 but not more than $2,500,
"(iii) greater than $2,500 but not more than $5,000,
"(iv) greater than $5,000 but not more than $15,000,
"(v) greater than $15,000 but not more than $50,000,
"(vi) greater than $50,000 but not more than $100,000,
"(vii) greater than $100,000 but not more than $1,000,000, or
"(viii) greater than $1,000,000.
"(2)(A) The identity of the source and a brief description
(including a travel itinerary, dates, and nature of expenses
provided) of any gifts of transportation, lodging, food, or
entertainment aggregating $250 or more in value received from any
source other than a relative of the reporting individual during
the preceding calendar year, except that any food, lodging, or
entertainment received as personal hospitality of any individual
need not be reported, and any gift with a fair market value of $75
or less need not be aggregated for purposes of this subparagraph.
"(B) The identity of the source, a brief description, and the
value of all gifts other than transportation, lodging, food, or
entertainment aggregating $100 or more in value received from any
source other than a relative of the reporting individual during
the preceding calendar year, except that any gift with a fair
market value of $75 or less need not be aggregated for purposes of
this subparagraph.
"(C) The identity of the source and a brief description
(including a travel itinerary, dates, and nature of expenses
provided) of reimbursements received from any source aggregating
$250 or more in value and received during the preceding calendar
year.
"(D) In an unusual case, a gift need not be aggregated under
subparagraph (A) or (B) if a publicly available request for a
waiver is granted.
"(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade or
business, or for investment or the production of income, which has
a fair market value which exceeds $1,000 as of the close of the
preceding calendar year, excluding any personal liability owed to
the reporting individual by a spouse, parent, brother, sister, or
child or any deposits aggregating $5,000 or less in a personal
savings account. For purposes of this paragraph, a personal
savings account shall include any certificate of deposit or any
other form of deposit in a bank, savings and loan association,
credit union, or similar financial institution.
"(4) The identity and category of value of the total
liabilities owed to any creditor other than a relative which
exceed $10,000 at any time during the preceding calendar year,
excluding --
"(A) any mortgage secured by real property which is a personal
residence of the reporting individual or his spouse; and
"(B) any loan secured by a personal motor vehicle, household
furniture, or appliances, which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of the
preceding calendar year need be reported under this paragraph.
"(5) Except as provided in this paragraph, a brief description,
the date, and category of value of any purchase, sale or exchange
during the preceding calendar year which exceeds $1,000 --
"(A) in real property, other than property used solely as a
personal residence of the reporting individual or his spouse; or
"(B) in stocks, bonds, commodities futures, and other forms of
securities.
Reporting is not required under this paragraph of any
transaction solely by and between the reporting individual, his
spouse, or dependent children.
"(6)(A) The identity of all positions held on or before the
date of filing during the current calendar year (and, for the
first report filed by an individual, during the two-year period
preceding such calendar year) as an officer, director, trustee,
partner, proprietor, representative, employee, or consultant of
any corporation, company, firm, partnership, or other business
enterprise, any nonprofit organization, any labor organization, or
any educational or other institution other than the United States.
This subparagraph shall not require the reporting of positions
held in any religious, social, fraternal, or political entity and
positions solely of an honorary nature.
"(B) If any person, other than the United States Government,
paid a nonelected reporting individual compensation in excess of
$5,000 in any of the two calendar years prior to the calendar year
during which the individual files his first report under this
title, the individual shall include in the report --
"(i) the identity of each source of such compensation; and
"(ii) a brief description of the nature of the duties performed
or services rendered by the reporting individual for each such
source.
The preceding sentence shall not require any individual to
include in such report any information which is considered
confidential as a result of a privileged relationship, established
by law, between such individual and any person nor shall it
require an individual to report any information with respect to
any person for whom services were provided by any firm or
association of which such individual was a member, partner, or
employee unless such individual was directly involved in the
provision of such services.
"(7) A description of the date, parties to, and terms of any
agreement or arrangement with respect to (A) future employment;
(B) a leave of absence during the period of the reporting
individual's Government service; (C) continuation of payments by
a former employer other than the United States Government; and
(D) continuing participation in an employee welfare or benefit
plan maintained by a former employer.
"(b)(1) Each report filed pursuant to subsections (a), (b), and (c)
of section 101 shall include a full and complete statement with respect
to the information required by --
"(A) paragraph (1) of subsection (a) for the year of filing and
the preceding calendar year,
"(B) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days
before the filing date, and
"(C) paragraphs (6) and (7) of subsection (a) as of the filing
date but for periods described in such paragraphs.
"(2)(A) In lieu of filling out one or more schedules of a financial
disclosure form, an individual may supply the required information in an
alternative format, pursuant to either rules adopted by the supervising
ethics office for the branch in which such individual serves or pursuant
to a specific written determination by such office for a reporting
individual.
"(B) In lieu of indicating the category of amount or value of any
item contained in any report filed under this title, a reporting
individual may indicate the exact dollar amount of such item.
"(c) In the case of any individual described in section 101(e), any
reference to the preceding calendar year shall be considered also to
include that part of the calendar year of filing up to the date of the
termination of employment.
"(d)(1) The categories for reporting the amount or value of the items
covered in paragraphs (3), (4), and (5) of subsection (a) are as
follows:
"(A) not more than $15,000;
"(B) greater than $15,000 but not more than $50,000;
"(C) greater than $50,000 but not more than $100,000;
"(D) greater than $100,000 but not more than $250,000;
"(E) greater than $250,000 but not more than $500,000;
"(F) greater than $500,000 but not more than $1,000,000; and
"(G) greater than $1,000,000.
"(2) For the purposes of paragraph (3) of subsection (a) if the
current value of an interest in real property (or an interest in a real
estate partnership) is not ascertainable without an appraisal, an
individual may list (A) the date of purchase and the purchase price of
the interest in the real property, or (B) the assessed value of the real
property for tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but such individual shall
include in his report a full and complete description of the method used
to determine such assessed value, instead of specifying a category of
value pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under paragraph (3) of
subsection (a) is not ascertainable without an appraisal, such
individual may list the book value of a corporation whose stock is not
publicly traded, the net worth of a business partnership, the equity
value of an individually owned business, or with respect to other
holdings, any recognized indication of value, but such individual shall
include in his report a full and complete description of the method used
in determining such value. In lieu of any value referred to in the
preceding sentence, an individual may list the assessed value of the
item for tax purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at less than
100 percent of such market value, but a full and complete description of
the method used in determining such assessed value shall be included in
the report.
"(e)(1) Except as provided in the last sentence of this paragraph,
each report required by section 101 shall also contain information
listed in paragraphs (1) through (5) of subsection (a) of this section
respecting the spouse or dependent child of the reporting individual as
follows:
"(A) The source of items of earned income earned by a spouse
from any person which exceed $1,000 and the source and amount of
any honoraria received by a spouse, except that, with respect to
earned income (other than honoraria), if the spouse is
self-employed in business or a profession, only the nature of such
business or profession need be reported.
"(B) All information required to be reported in subsection
(a)(1)(B) with respect to income derived by a spouse or dependent
child from any asset held by the spouse or dependent child and
reported pursuant to subsection (a)(3).
"(C) In the case of any gifts received by a spouse or dependent
child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of
gifts of transportation, lodging, food, or entertainment and a
brief description and the value of other gifts.
"(D) In the case of any reimbursements received by a spouse or
dependent child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of
each such reimbursement.
"(E) In the case of items described in paragraphs (3) through
(5), all information required to be reported under these
paragraphs other than items (i) which the reporting individual
certifies represent the spouse's or dependent child's sole
financial interest or responsibility and which the reporting
individual has no knowledge of, (ii) which are not in any way,
past or present, derived from the income, assets, or activities of
the reporting individual, and (iii) from which the reporting
individual neither derives, nor expects to derive, any financial
or economic benefit.
Reports required by subsections (a), (b), and (c) of section 101 shall,
with respect to the spouse and dependent child of the reporting
individual, only contain information listed in paragraphs (1), (3), and
(4) of subsection (a), as specified in this paragraph.
"(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his spouse.
"(f)(1) Except as provided in paragraph (2), each reporting
individual shall report the information required to be reported pursuant
to subsections (a), (b), and (c) of this section with respect to the
holdings of and the income from a trust or other financial arrangement
from which income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual, his spouse,
or any dependent child.
"(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of --
"(A) any qualified blind trust (as defined in paragraph (3));
"(B) a trust --
"(i) which was not created directly by such individual, his
spouse, or any dependent child, and
"(ii) the holdings or sources of income of which such
individual, his spouse, and any dependent child have no knowledge
of; or
"(C) an entity described under the provisions of paragraph (8),
but such individual shall report the category of the amount of income
received by him, his spouse, or any dependent child from the trust or
other entity under subsection (a)(1)(B) of this section.
"(3) For purposes of this subsection, the term 'qualified blind
trust' includes any trust in which a reporting individual, his spouse,
or any minor or dependent child has a beneficial interest in the
principal or income, and which meets the following requirements:
"(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary duties is
a financial institution, an attorney, a certified public
accountant, a broker, or an investment advisor who --
"(I) is independent of and not associated with any interested
party so that the trustee or other person cannot be controlled or
influenced in the administration of the trust by any interested
party; and
"(II) is not and has not been an employee of or affiliated with
any interested party and is not a partner of, or involved in, any
joint venture or other investment with, any interested party; and
"(III) is not a relative of any interested party.
"(ii) Any officer or employee of a trustee or other entity who
is involved in the management or control of the trust --
"(I) is independent of and not associated with any interested
party so that such officer or employee cannot be controlled or
influenced in the administration of the trust by any interested
party;
"(II) is not or has not been a partner of any interested party
and is not a partner of, or involved in any joint venture or other
investment with any interested party; and
"(III) is not a relative of any interested party.
"(B) Any asset transferred to the trust by an interested party
is free of any restriction with respect to its transfer or sale
unless such restriction is expressly approved by the supervising
ethics office of the reporting individual.
"(C) The trust instrument which establishes the trust provides
that --
"(i) except to the extent provided in subparagraph (B) of this
paragraph, the trustee in the exercise of his authority and
discretion to manage and control the assets of the trust shall not
consult or notify any interested party;
"(ii) the trust shall not contain any asset the holding of
which by an interested party is prohibited by any law or
regulation;
"(iii) the trustee shall promptly notify the reporting
individual and his supervising ethics office when the holdings of
any particular asset transferred to the trust by any interested
party are disposed of or when the value of such holding is less
than $1,000;
"(iv) the trust tax return shall be prepared by the trustee or
his designee, and such return and any information relating thereto
(other than the trust income summarized in appropriate categories
necessary to complete an interested party's tax return), shall not
be disclosed to any interested party;
"(v) an interested party shall not receive any report on the
holdings and sources of income of the trust, except a report at
the end of each calendar quarter with respect to the total cash
value of the interest of the interested party in the trust or the
net income or loss of the trust or any reports necessary to enable
the interested party to complete an individual tax return required
by law or to provide the information required by subsection (a)(1)
of this section, but such report shall not identify any asset or
holding;
"(vi) except for communications which solely consist of
requests for distributions of cash or other unspecified assets of
the trust, there shall be no direct or indirect communication
between the trustee and an interested party with respect to the
trust unless such communication is in writing and unless it
relates only (I) to the general financial interest and needs of
the interested party (including, but not limited to, an interest
in maximizing income or long-term capital gain), (II) to the
notification of the trustee of a law or regulation subsequently
applicable to the reporting individual which prohibits the
interested party from holding an asset, which notification directs
that the asset not be held by the trust, or (III) to directions to
the trustee to sell all of an asset initially placed in the trust
by an interested party which in the determination of the reporting
individual creates a conflict of interest or the appearance
thereof due to the subsequent assumption of duties by the
reporting individual (but nothing herein shall require any such
direction); and
"(vii) the interested parties shall make no effort to obtain
information with respect to the holdings of the trust, including
obtaining a copy of any trust tax return filed or any information
relating thereto except as otherwise provided in this subsection.
"(D) The proposed trust instrument and the proposed trustee is
approved by the reporting individual's supervising ethics office.
"(E) For purposes of this subsection, 'interested party' means
a reporting individual, his spouse, and any minor or dependent
child; 'broker' has the meaning set forth in section 3(a)(4) of
the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4));
and 'investment adviser' includes any investment adviser who, as
determined under regulations prescribed by the supervising ethics
office, is generally involved in his role as such an adviser in
the management or control of trusts.
"(F) Any trust qualified by a supervising ethics office before
the effective date of this section shall continue to be governed
by the law and regulations in effect immediately before such
effective date.
"(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
"(B)(i) The provisions of subparagraph (A) shall not apply with
respect to a trust created for the benefit of a reporting individual, or
the spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that --
"(I) the assets placed in the trust consist of a
well-diversified portfolio of readily marketable securities;
"(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
"(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraphs (3)(C)(iii) and (iv)
of this subsection, from making public or informing any interested
party of the sale of any securities;
"(IV) the trustee is given power of attorney, notwithstanding
the provisions of paragraph (3)(C)(v) of this subsection, to
prepare on behalf of any interested party the personal income tax
returns and similar returns which may contain information relating
to the trust; and
"(V) except as otherwise provided in this paragraph, the trust
instrument provides (or in the case of a trust established prior
to the effective date of this Act which by its terms does not
permit amendment, the trustee, the reporting individual, and any
other interested party agree in writing) that the trust shall be
administered in accordance with the requirements of this
subsection and the trustee of such trust meets the requirements of
paragraph (3)(A).
"(ii) In any instance covered by subparagraph (B) in which the
reporting individual is an individual whose nomination is being
considered by a congressional committee, the reporting individual
shall inform the congressional committee considering his
nomination before or during the period of such individual's
confirmation hearing of his intention to comply with this
paragraph.
"(5)(A) The reporting individual shall, within thirty days after a
qualified blind trust is approved by his supervising ethics office, file
with such office a copy of --
"(i) the executed trust instrument of such trust (other than
those provisions which relate to the testamentary disposition of
the trust assets), and
"(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as determined
under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
"(B) The reporting individual shall, within thirty days of
transferring an asset (other than cash) to a previously established
qualified blind trust, notify his supervising ethics office of the
identity of each such asset and the category of value of each asset as
determined under subsection (d) of this section.
"(C) Within thirty days of the dissolution of a qualified blind
trust, a reporting individual shall --
"(i) notify his supervising ethics office of such dissolution,
and
"(ii) file with such office a copy of a list of the assets of
the trust at the time of such dissolution and the category of
value under subsection (d) of this section of each such asset.
"(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made available
under section 105 and the provisions of that section shall apply with
respect to such documents and lists.
"(E) A copy of each written communication with respect to the trust
under paragraph (3)(C)(vi) shall be filed by the person initiating the
communication with the reporting individual's supervising ethics office
within five days of the date of the communication.
"(6)(A) A trustee of a qualified blind trust shall not knowingly or
negligently (i) disclose any information to an interested party with
respect to such trust that may not be disclosed under paragraph (3) of
this subsection; (ii) acquire any holding the ownership of which is
prohibited by the trust instrument; (iii) solicit advice from any
interested party with respect to such trust, which solicitation is
prohibited by paragraph (3) of this subsection or the trust agreement;
or (iv) fail to file any document required by this subsection.
"(B) A reporting individual shall not knowingly or negligently (i)
solicit or receive any information with respect to a qualified blind
trust of which he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection or (ii) fail to file any document
required by this subsection.
"(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is brought may
assess against such individual a civil penalty in any amount not to
exceed $10,000.
"(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
negligently violates the provisions of subparagraph (A) or (B) of this
paragraph. The court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed $5,000.
"(7) Any trust may be considered to be a qualified blind trust if --
"(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested party
agree in writing that the trust shall be administered in
accordance with the requirements of this subsection and the
trustee of such trust meets the requirements of paragraph (3)(A);
except that in the case of any interested party who is a dependent
child, a parent or guardian of such child may execute the
agreement referred to in this subparagraph;
"(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust at
the time of approval by the supervising ethics office, including
the category of value of each asset as determined under subsection
(d) of this section, are filed with such office and made available
to the public as provided under paragraph (5)(D) of this
subsection; and
"(C) the supervising ethics office determines that approval of
the trust arrangement as a qualified blind trust is in the
particular case appropriate to assure compliance with applicable
laws and regulations.
"(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or deferred
compensation plan, or other investment fund), if --
"(A)(i) the fund is publicly traded; or
"(ii) the assets of the fund are widely diversified; and
"(B) the reporting individual neither exercises control over
nor has the ability to exercise control over the financial
interests held by the fund.
"(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
"(h) A report filed pursuant to subsection (a), (d), or (e) of
section 101 need not contain the information described in subparagraphs
(A), (B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting individual was
not an officer or employee of the Federal Government.
"SEC. 103. "5 USC app. 103" (a) Except as otherwise provided in this
section, the reports required under this title shall be filed by the
reporting individual with the designated agency ethics official at the
agency by which he is employed (or in the case of an individual
described in section 101(e), was employed) or in which he will serve.
The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such official.
"(b) The President, the Vice President, and independent counsel and
persons appointed by independent counsel under chapter 40 of title 28,
United States Code, shall file reports required under this title with
the Director of the Office of Government Ethics.
"(c) Copies of the reports required to be filed under this title by
the Postmaster General, the Deputy Postmaster General, the Governors of
the Board of Governors of the United States Postal Service, designated
agency ethics officials, employees described in section 105(a)(2)(A) or
(B), 106(a)(1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i), of title 3,
United States Code, candidates for the office of President or Vice
President and officers and employees in (and nominees to) offices or
positions which require confirmation by the Senate or by both Houses of
Congress other than those referred to in subsection (f) shall be
transmitted to the Director of the Office of Government Ethics. The
Director shall forward a copy of the report of each nominee to the
congressional committee considering the nomination.
"(d) Reports required to be filed under this title by the Director
shall be filed in the Office of Government Ethics and, immediately after
being filed, shall be made available to the public in accordance with
this title.
"(e) Each individual identified in section 101(c) shall file the
reports required by this title with the Federal Elections Commission.
"(f) Reports required of members of the uniformed services shall be
filed with the Secretary concerned.
"(g) The Office of Government Ethics shall develop and make available
forms for reporting the information required by this title.
"(h)(1) The reports required under this title shall be filed by a
reporting individual with --
"(A)(i) the appropriate congressional ethics committee with
regard to a Member of Congress, officer or employee of the
Congress described under paragraphs (9) and (10) of section 101(f)
(including individuals terminating service in such office or
position under section 101(e) or immediately preceding service in
such office or position); and
"(ii) in the case of an officer or employee of the Congress as
described under section 101(f)(10) who is employed by an agency or
commission established in the legislative branch after the date of
the enactment of the Ethics Reform Act of 1989 --
"(I) the congressional ethics committee designated in the
statute establishing such agency or commission; or
"(II) if such statute does not designate such committee, the
Senate Select Committee on Ethics for agencies and commissions
established in even numbered calendar years, and the Committee on
Standards of Official Conduct of the House of Representatives for
agencies and commissions established in odd numbered calendar
years; and
"(B) the Judicial Conference of the United States with regard
to a judicial officer or employee described under paragraphs (11)
and (12) of section 101(f) (including individuals terminating
service in such office or position under section 101(e) or
immediately preceding service in such office or position).
"(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
"SEC. 104. "5 USC app. 104" (a) The Attorney General may bring a
civil action in any appropriate United States district court against any
individual who knowingly and willfully falsifies or who knowingly and
willfully fails to file or report any information that such individual
is required to report pursuant to section 102. The court in which such
action is brought may assess against such individual a civil penalty in
any amount, not to exceed $10,000.
"(b) The head of each agency, each Secretary concerned, the Director
of the Office of Government Ethics, each congressional ethics committee,
or the Chairman of the Judicial Conference of the United States, as the
case may be, shall refer to the Attorney General the name of any
individual which such official or committee has reasonable cause to
believe has willfully failed to file a report or has willfully falsified
or willfully failed to file information required to be reported.
"(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a congressional
ethics committee, and the Judicial Conference of the United States, may
take any appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing to file a
report or falsifying or failing to report information required to be
reported.
"(d)(1) Any individual who files a report required to be filed under
this title more than 30 days after the later of --
"(A) the date such report is required to be filed pursuant to
the provisions of this title and the rules and regulations
promulgated thereunder; or
"(B) if a filing extension is granted to such individual under
section 101(g), the last day of the filing extension period,
shall pay a filing fee of $200 to the miscellaneous receipts of the
General Treasury.
"(2) The supervising ethics office may waive the filing fee under
this subsection in extraordinary circumstances.
"SEC. 105. "5 USC app. 105" (a) Each agency and each supervisory
ethics office shall make each report filed with it under this title
available to the public in accordance with the provisions of subsection
(b) of this section, except that this section does not require public
availability of a report filed by --
"(1) any individual in the Central Intelligence Agency, the
Defense Intelligence Agency, or the National Security Agency, or
any individual engaged in intelligence activities in any agency of
the United States, if the President finds that, due to the nature
of the office or position occupied by such individual, public
disclosure of such report would, by revealing the identity of the
individual or other sensitive information, compromise the national
interest of the United States. In addition, such individuals may
be authorized, notwithstanding section 104(a), to file such
additional reports as are necessary to protect their identity from
public disclosure if the President first finds that such filing is
necessary in the national interest; or
"(2) an independent counsel or person appointed by independent
counsel under chapter 40 of title 28, United States Code, whose
identity has not otherwise been disclosed.
"(b)(1) Each agency and each supervising ethics office shall, within
thirty days after any report is received by such agency or office under
this title, permit inspection of such report by or furnish a copy of
such report to any person requesting such inspection or copy. The
agency or office may require a reasonable fee to be paid in any amount
which is found necessary to recover the cost of reproduction or mailing
of such report excluding any salary of any employee involved in such
reproduction or mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that waiver or
reduction of the fee is in the public interest.
"(2) Notwithstanding paragraph (1), a report may not be made
available under this section to any person nor may any copy thereof be
provided under this section to any person except upon a written
application by such person stating --
"(A) that person's name, occupation and address;
"(B) the name and address of any other person or organization
on whose behalf the inspection or copy is requested; and
"(C) that such person is aware of the prohibitions on the
obtaining or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
"(c)(1) It shall be unlawful for any person to obtain or use a report
--
"(A) for any unlawful purpose;
"(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
"(C) for determining or establishing the credit rating of any
individual; or
"(D) for use, directly or indirectly, in the solicitation of
money for any political, charitable, or other purpose.
"(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph (1)
of this subsection. The court in which such action is brought may
assess against such person a penalty in any amount not to exceed
$10,000. Such remedy shall be in addition to any other remedy available
under statutory or common law.
"(d) Any report filed with or transmitted to an agency or supervising
ethics office pursuant to this title shall be retained by such agency or
office, as the case may be. Such report shall be made available to the
public for a period of six years after receipt of the report. After
such six-year period the report shall be destroyed unless needed in an
ongoing investigation, except that in the case of an individual who
filed the report pursuant to section 101(b) and was not subsequently
confirmed by the Senate, or who filed the report pursuant to section
101(c) and was not subsequently elected, such reports shall be destroyed
one year after the individual either is no longer under consideration by
the Senate or is no longer a candidate for nomination or election to the
Office of President, Vice President, or as a Member of Congress, unless
needed in an ongoing investigation.
"SEC. 106. "5 USC app. 106" (a)(1) Each designated agency ethics
official or Secretary concerned shall make provisions to ensure that
each report filed with him under this title is reviewed within sixty
days after the date of such filing, except that the Director of the
Office of Government Ethics shall review only those reports required to
be transmitted to him under this title within sixty days after the date
of transmittal.
"(2) Each congressional ethics committee and the Judicial Conference
of the United States shall make provisions to ensure that each report
filed under this title is reviewed within sixty days after the date of
such filing.
"(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, Secretary concerned,
designated agency ethics official, or a person designated by the
congressional ethics committee, or the Chairman of the Judicial
Conference of the United States, as the case may be, is of the opinion
that on the basis of information contained in such report the individual
submitting such report is in compliance with applicable laws and
regulations, he shall state such opinion on the report, and shall sign
such report.
"(2) If the Director of the Office of Government Ethics, Secretary
concerned, designated agency ethics official or a person designated by
the congressional ethics committee, or the Chairman of the Judicial
Conference of the United States, after reviewing any report under
subsection (a) --
"(A) believes additional information is required to be
submitted, he shall notify the individual submitting such report
what additional information is required and the time by which it
must be submitted, or
"(B) is of the opinion, on the basis of information submitted,
that the individual is not in compliance with applicable laws and
regulations, he shall notify the individual, afford a reasonable
opportunity for a written or oral response, and after
consideration of such response, reach an opinion as to whether or
not, on the basis of information submitted, the individual is in
compliance with such laws and regulations.
"(3) If the Director of the Office of Government Ethics, Secretary
concerned, designated agency ethics official, a congressional ethics
committee, or the Judicial Conference of the United States, reaches an
opinion under paragraph (2)(B) that an individual is not in compliance
with applicable laws and regulations, the official or committee shall
notify the individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify the
individual of which steps, if any, would in the opinion of such official
or committee be appropriate for assuring compliance with such laws and
regulations and the date by which such steps should be taken. Such
steps may include, as appropriate --
"(A) divestiture,
"(B) restitution,
"(C) the establishment of a blind trust,
"(D) request for an exemption under section 208(b) of title 18,
United States Code, or
"(E) voluntary request for transfer, reassignment, limitation
of duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
"(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position (other than in the foreign service or the
uniformed services), appointment to which requires the advice and
consent of the Senate, the matter shall be referred to the President for
appropriate action.
"(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the foreign service or the uniformed services, the Secretary
concerned shall take appropriate action.
"(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference of the United States, for appropriate action;
except that in the case of the Postmaster General or Deputy Postmaster
General, the Director of the Office of Government Ethics shall recommend
to the Governors of the Board of Governors of the United States Postal
Service the action to be taken.
"(7) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title.
"SEC. 107. "5 USC app. 107" (a)(1) Each supervising ethics office
may require officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of title 18,
United States Code) to file confidential financial disclosure reports,
in such form as the supervising ethics office may prescribe. The
information required to be reported under this subsection by the
officers and employees of any department or agency shall be set forth in
rules or regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title, or more
extensive when determined by the supervising ethics office to be
necessary and appropriate in light of sections 202 through 209 of title
18, United States Code, regulations promulgated thereunder, or the
authorized activities of such officers or employees. Any individual
required to file a report pursuant to section 101 shall not be required
to file a confidential report pursuant to this subsection, except with
respect to information which is more extensive than information
otherwise required by this title. Subsections (a), (b), and (d) of
section 105 shall not apply with respect to any such report.
"(2) Any information required to be provided by an individual under
this subsection shall be confidential and shall not be disclosed to the
public.
"(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
"(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this title shall not
supersede the requirements of section 7342 of title 5, United States
Code.
"(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements;
the holding of assets, liabilities, or positions; or the participation
in transactions that are prohibited by law, Executive order, rule, or
regulation.
"SEC. 108. "5 USC app. 108" (a) The Comptroller General shall have
access to financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
"(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
"SEC. 109. "5 USC app. 109" For the purposes of this title, the term
--
"(1) 'congressional ethics committees' means the Senate Select
Committee on Ethics and the Committee on Standards of Official
Conduct of the House of Representatives;
"(2) 'dependent child' means, when used with respect to any
reporting individual, any individual who is a son, daughter,
stepson, or stepdaughter and who --
"(A) is unmarried and under age 21 and is living in the
household of such reporting individual; or
"(B) is a dependent of such reporting individual within the
meaning of section 152 of the Internal Revenue Code of 1986;
"(3) 'designated agency ethics official' means an officer or
employee who is designated to administer the provisions of this
title within an agency;
"(4) 'executive branch' includes each Executive agency (as
defined in section 105 of title 5, United States Code) and any
other entity or administrative unit in the executive branch;
"(5) 'gift' means a payment, advance, forbearance, rendering,
or deposit of money, or any thing of value, unless consideration
of equal or greater value is received by the donor, but does not
include --
"(A) bequest and other forms of inheritance;
"(B) suitable mementos of a function honoring the reporting
individual;
"(C) food, lodging, transportation, and entertainment provided
by a foreign government within a foreign country or by the United
States Government;
"(D) food and beverages consumed at banquets, receptions, or
similar events; or
"(E) communications to the offices of a reporting individual
including subscriptions to newspapers and periodicals;
"(6) 'honoraria' has the meaning given such term in section 505
of this Act;
"(7) 'income' means all income from whatever source derived,
including but not limited to the following items: compensation
for services, including fees, commissions, and similar items;
gross income derived from business (and net income if the
individual elects to include it); gains derived from dealings in
property; interest; rents; royalties; dividends; annuities;
income from life insurance and endowment contracts; pensions;
income from discharge of indebtedness; distributive share of
partnership income; and income from an interest in an estate or
trust;
"(8) 'judicial employee' means any employee of the judicial
branch of the Government, of the Tax Court, of the Court of
Veterans Appeals, or of the United States Court of Military
Appeals, who is not a judicial officer and who is authorized to
perform adjudicatory functions with respect to proceedings in the
judicial branch, or who receives compensation at a rate at or in
excess of the minimum rate prescribed for grade 16 of the General
Schedule under section 5332 of title 5, United States Code;
"(9) 'Judicial Conference' means the Judicial Conference of the
United States;
"(10) 'judicial officer' means the Chief Justice of the United
States, the Associate Justices of the Supreme Court, and the
judges of the United States courts of appeals, United States
district courts, including the district courts in the Canal Zone,
Guam, and the Virgin Islands, Court of Claims, Court of Appeals
for the Federal Circuit, Court of International Trade, Tax Court,
United States Court of Military Appeals, and any court created by
Act of Congress, the judges of which are entitled to hold office
during good behavior;
"(11) 'legislative branch' includes --
"(A) the Architect of the Capitol;
"(B) the Botanic Gardens;
"(C) the Congressional Budget Office;
"(D) the General Accounting Office;
"(E) the Government Printing Office;
"(F) the Library of Congress;
"(G) the United States Capitol Police;
"(H) the Office of Technology Assessment; and
"(I) any other agency, entity, office, or commission
established in the legislative branch;
"(12) 'Member of Congress' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico;
"(13) 'officer or employee of the Congress' means --
"(A) any individual described under subparagraph (B), other
than a Member of Congress or the Vice President, whose
compensation is disbursed by the Secretary of the Senate or the
Clerk of the House of Representatives;
"(B)(i) each officer or employee of the legislative branch who
is compensated for 60 consecutive days at a rate equal to or in
excess of the annual rate of basic pay in effect for grade GS-16
of the General Schedule; and
"(ii) at least one principal assistant designated for purposes
of this paragraph by each Member who does not have an employee
compensated at a rate equal to or in excess of the annual rate of
basic pay in effect for grade GS-16 of the General Schedule;
"(14) 'personal hospitality of any individual' means
hospitality extended for a nonbusiness purpose by an individual,
not a corporation or organization, at the personal residence of
that individual or his family or on property or facilities owned
by that individual or his family;
"(15) 'reimbursement' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which
are --
"(A) provided by the United States Government;
"(B) required to be reported by the reporting individual under
section 7342 of title 5, United States Code; or
"(C) required to be reported under section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434);
"(16) 'relative' means an individual who is related to the
reporting individual, as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, half sister, or who is the grandfather or grandmother of
the spouse of the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting individual;
"(17) 'Secretary concerned' has the meaning set forth in
section 101(8) of title 10, United States Code, and, in addition,
means --
"(A) the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric Administration;
and
"(B) the Secretary of Health and Human Services, with respect
to matters concerning the Public Health Service;
"(18) 'supervising ethics office' means --
"(A) the Select Committee on Ethics of the Senate, for
Senators, officers and employees of the Senate, and other officers
or employees of the legislative branch required to file financial
disclosure reports with such committee pursuant to section 103(h)
of this title;
"(B) the Committee on Standards of Official Conduct of the
House of Representatives, for Members, officers and employees of
the House of Representatives and other officers or employees of
the legislative branch required to file financial disclosure
reports with such committee pursuant to section 103(h) of this
title;
"(C) the Judicial Conference of the United States for judicial
officers and judicial employees; and
"(D) the Office of Government Ethics for all executive branch
employees; and
"(19) 'value' means a good faith estimate of the dollar value
if the exact value is neither known nor easily obtainable by the
reporting individual.
"SEC. 110. "5 USC app. 110" (a) In any case in which an individual
agrees with that individual's designated agency ethics official, the
Office of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference of the United
States, to take any action to comply with this Act or any other law or
regulation governing conflicts of interest of, or establishing standards
of conduct applicable with respect to, officers or employees of the
Government, that individual shall notify in writing the designated
agency ethics official, the Office of Government Ethics, the appropriate
committee of the Senate, the congressional ethics committee, or the
Judicial Conference of the United States, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than three months after the date of the agreement, if no date for action
is so specified.
"(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall
be considered to have complied with the requirements of subsection (a)
with respect to such recusal agreement if such individual files a copy
of the document setting forth the information described in the preceding
sentence with such individual's designated agency ethics official or the
appropriate supervising ethics office within the time prescribed in the
last sentence of subsection (a).
"SEC. 111. "5 USC app. 111" The provisions of this title shall be
administered by --
"(1) the Director of the Office of Government Ethics, the
designated agency ethics official, or the Secretary concerned, as
appropriate, with regard to officers and employees described in
paragraphs (1) through (8) of section 101(f);
"(2) the Senate Select Committee on Ethics and the Committee on
Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f); and
"(3) the Judicial Conference of the United States and clerk of
the applicable court, as appropriate, in the case of an officer or
employee described in paragraphs (11) and (12) of section 101(f).
"SEC. 112. "5 USC app. 112" The provisions made by this title shall
take effect on January 1, 1990, and shall be applicable to reports filed
under this title after January 1, 1991.".
SEC. 203. PRESIDENT'S COMMISSION ON THE FEDERAL APPOINTMENT PROCESS.
(a) ESTABLISHMENT. -- There shall be established an advisory
commission to study the best means of simplifying the Presidential
appointment process, in particular by reducing the number and complexity
of forms to be completed by nominees. The Commission shall be known as
the President's Commission on the Federal Appointment Process.
(b) MEMBERSHIP. -- The Commission shall be composed of 14 members
from among officers and employees of the three branches of the Federal
Government. Eight members shall be appointed by the President, two
members shall be appointed by the majority leader of the Senate, two
members shall be appointed by the minority leader of the Senate, one
member shall be appointed by the Speaker of the House of
Representatives, and one member shall be appointed by the minority
leader of the House of Representatives. Any vacancy on the Commission
shall be filled in the same manner as the initial appointment.
(c) REPORT. -- The Commission shall present its report to the
President no later than ninety days after its first meeting. The
Commission shall cease to exist upon submission of its report.
SEC. 301. GIFTS TO SUPERIORS.
Section 7351 of title 5, United States Code, is amended by --
(1) adding "(a)" before "An employee may not"; and
(2) striking the final sentence and inserting the following:
"(b) An employee who violates this section shall be subject to
appropriate disciplinary action by the employing agency or entity.
"(c) The Office of Government Ethics is authorized to issue
regulations implementing this section, including regulations exempting
voluntary gifts or contributions that are given or received for special
occasions such as marriage or retirement or under other similar
circumstances.".
SEC. 302. TRAVEL ACCEPTANCE AUTHORITY.
(a) IN GENERAL. -- Subchapter III of chapter 13 of title 31, United
States Code, is amended by adding at the end thereof the following:
"Section 1352. Acceptance of travel and related expenses from
non-Federal sources
"(a) Notwithstanding any other provision of law, the Administrator of
General Services, in consultation with the Director of the Office of
Government Ethics, shall prescribe by regulation the conditions under
which an agency or employee in the executive branch may accept payment
from non-Federal sources for travel, subsistence, and related expenses
with respect to attendance of the employee (or the spouse of such
employee) at any meeting or similar function relating to the official
duties of the employee. Any cash payment so accepted shall be credited
to the appropriation applicable to such expenses. In the case of a
payment in kind so accepted, a pro rata reduction shall be made in any
entitlement of the employee to payment from the Government for such
expenses.
"(b) Except as provided in this section or section 4111 of title 5,
an agency or employee may not accept payment for expenses referred to in
subsection (a). An employee who accepts any payment in violation of the
preceding sentence --
"(1) may be required, in addition to any penalty provided by
law, to repay, for deposit in the general fund of the Treasury, an
amount equal to the amount of the payment so accepted; and
"(2) in the case of a repayment under paragraph (1) shall not
be entitled to any payment from the Government for such expenses.
"(c) As used in this section --
"(1) the term 'executive branch' means any executive agency (as
such term is defined in section 105 of title 5); and
"(2) the term 'employee in the executive branch' means --
"(A) an appointed officer or employee in the executive branch;
and
"(B) an expert or consultant in the executive branch, under
section 3109 of title 5; and
"(3) the term 'payment' means a payment or reimbursement, in
cash or in kind.
"(d)(1) The head of each agency of the executive branch shall, in the
manner provided in paragraph (2), submit to the Director of the Office
of Government Ethics reports of payments of more than $250 accepted
under this section with respect to employees of the agency. The
Director shall make such reports available for public inspection and
copying.
"(2) The reports required by paragraph (1) shall, with respect to
each payment --
"(A) specify the amount and method of payment, the name of the
person making the payment, the name of the employee, the nature of
the meeting or similar function, the time and place of travel, the
nature of the expenses, and such other information as the
Administrator of General Services may prescribe by regulation
under subsection (a);
"(B) be submitted not later than May 31 of each year with
respect to payments in the preceding period beginning on October 1
and ending on March 31; and
"(C) be submitted not later than November 30 of each year with
respect to payments in the preceding period beginning on April 1
and ending on September 30.".
(b) CLERICAL AMENDMENT. -- The table of sections for subchapter III
of chapter 13 of title 31, United States Code, is amended by adding at
the end the following new item:
"1352. Acceptance of travel and related expenses from non-Federal
sources.".
SEC. 303. GIFTS TO FEDERAL EMPLOYEES.
(a) IN GENERAL. -- Subchapter V of chapter 73 of title 5, United
States Code, is amended by adding at the end thereof the following new
section:
"Section 7353. Gifts to Federal employees
"(a) Except as permitted by subsection (b), no Member of Congress or
officer or employee of the executive, legislative, or judicial branches
shall solicit or accept anything of value from a person --
"(1) seeking official action from, doing business with, or (in
the case of executive branch officers and employees) conducting
activities regulated by the individual's employing agency; or
"(2) whose interests may be substantially affected by the
performance or nonperformance of the individual's official duties.
"(b)(1) Each supervising ethics office is authorized to issue rules
or regulations implementing the provisions of this section and providing
for such reasonable exceptions as may be appropriate.
"(2)(A) Subject to subparagraph (B), a Member, officer, or employee
may accept a gift pursuant to rules or regulations established by such
individual's supervising ethics office pursuant to paragraph (1).
"(B) No gift may be accepted pursuant to subparagraph (A) in return
for being influenced in the performance of any official act.
"(3) Nothing in this section precludes a Member, officer, or employee
from accepting gifts on behalf of the United States Government or any of
its agencies in accordance with statutory authority.
"(c) An employee who violates this section shall be subject to
appropriate disciplinary and other remedial action in accordance with
any applicable laws, Executive orders, and rules or regulations.
"(d) For purposes of this section --
"(1) the term 'supervising ethics office' means --
"(A) the Committee on Standards of Official Conduct of the
House of Representatives or the House of Representatives as a
whole, for Members, officers, and employees of the House of
Representatives;
"(B) the Select Committee on Ethics of the Senate, or the
Senate as a whole, for Senators, officers and employees of the
Senate;
"(C) the Judicial Conference of the United States for judges
and judicial branch officers and employees;
"(D) the Office of Government Ethics for all executive branch
officers and employees; and
"(E) the ethics committee with which the officer or employee is
required to file financial disclosure forms, for all legislative
branch officers and employees other than those specified in
subparagraphs (A) and (B), except that such authority may be
delegated; and
"(2) the term 'officer or employee' means an individual holding
an appointive or elective position in the executive, legislative,
or judicial branch of Government other than a Member of Congress.
(b) AMENDMENT TO TABLE OF CONTENTS. -- The table of contents for
chapter 73 of title 5, United States Code, is amended by inserting after
the item relating to section 7352 the following new item:
"7353. Gifts to Federal employees.".
SEC. 401. AMENDMENT TO SECTION 202 OF TITLE 18, UNITED STATES CODE.
Section 202 of title 18, United States Code, is amended by adding at
the end thereof the following new subsections:
"(c) Except as otherwise provided in such sections, the terms
'officer' and 'employee' in sections 203, 205, 207, 208, and 209 of this
title, mean those individuals defined in sections 2104 and 2105 of title
5. The terms 'officer' and 'employee' shall not include the President,
the Vice President, a Member of Congress, or a Federal judge.
"(d) The term 'Member of Congress' in sections 204 and 207 shall
include --
"(1) a United States Senator; and
"(2) a Representative in, or a Delegate or Resident
Commissioner to, the House of Representatives.
"(e) As used in this chapter, the term --
"(1) 'executive branch' means any executive agency as defined
in title 5, and any other entity or administrative unit in the
executive branch;
"(2) 'judicial branch' means the Supreme Court of the United
States; the United States courts of appeals; the United States
district courts; the Court of International Trade; the United
States bankruptcy courts; any court created pursuant to article I
of the United States Constitution, including the Court of Military
Appeals, the United States Claims Court, and the United States Tax
Court, but not including a court of a territory or possession of
the United States; the Federal Judicial Center; and any other
agency, office, or entity in the judicial branch; and
"(3) 'legislative branch' means --
"(A) a Member of Congress, or any officer or employee of the
United States Senate or United States House of Representatives;
and
"(B) an officer or employee of the Architect of the Capitol,
the United States Botanic Garden, the General Accounting Office,
the Government Printing Office, the Library of Congress, the
Office of Technology Assessment, the Congressional Budget Office,
the United States Capitol Police, and any other agency, entity,
office, or commission established in the legislative branch.".
SEC. 402. AMENDMENTS TO SECTION 203 OF TITLE 18, UNITED STATES CODE.
Section 203 of title 18, United States Code, is amended by --
(1) striking "services" the first place it appears in
subsection (a)(1) and inserting "representational services, as
agent or attorney or otherwise,";
(2) inserting "court," after "department, agency," in
subsection (a)(1);
(3) striking "shall be fined under this title or imprisoned for
not more than two years, or both; and shall be incapable of
holding any office of honor, trust, or profit under the United
States" in subsection (a) and inserting "shall be subject to the
penalties set forth in section 216 of this title";
(4) inserting "representational" before "services" in
subsection (a)(2);
(5) inserting "Member Elect," after "Member," in subsection
(a)(2);
(6) inserting "Delegate Elect," after "Delegate," in subsection
(a)(2);
(7) striking "including the District of Columbia," in
subsection (a)(1)(B);
(8) in subsection (b) --
(A) by redesignating such subsection as subsection (c); and
(B) by striking "subsection (a)" and inserting "subsections (a)
and (b)";
(9) by inserting after subsection (a) the following:
"(b) Whoever, otherwise than as provided by law for the proper
discharge of official duties, directly or indirectly --
"(1) demands, seeks, receives, accepts, or agrees to receive or
accept any compensation for any representational services, as
agent or attorney or otherwise, rendered or to be rendered either
personally or by another, at a time when such person is an officer
or employee of the District of Columbia, in relation to any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which the District of
Columbia is a party or has a direct and substantial interest,
before any department, agency, court, officer, or commission; or
"(2) knowingly gives, promises, or offers any compensation for
any such services rendered or to be rendered at a time when the
person to whom the compensation is given, promised, or offered, is
or was an officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this
title."; and
(10) adding at the end the following:
"(d) Nothing in this section prevents an officer or employee,
including a special Government employee, from acting, with or without
compensation, as agent or attorney for or otherwise representing his
parents, spouse, child, or any person for whom, or for any estate for
which, he is serving as guardian, executor, administrator, trustee, or
other personal fiduciary except --
"(1) in those matters in which he has participated personally
and substantially as a Government employee, through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise; or
"(2) in those matters that are the subject of his official
responsibility,
subject to approval by the Government official responsible for
appointment to his position.
"(e) Nothing in this section prevents a special Government employee
from acting as agent or attorney for another person in the performance
of work under a grant by, or a contract with or for the benefit of, the
United States if the head of the department or agency concerned with the
grant or contract certifies in writing that the national interest so
requires and publishes such certification in the Federal Register.".
SEC. 403. AMENDMENT TO SECTION 204 OF TITLE 18, UNITED STATES CODE.
Section 204 of title 18, United States Code, is amended to read as
follows:
"Section 204. Practice in United States Claims Court or the United
States Court of Appeals for the Federal Circuit by Members of Congress
"Whoever, being a Member of Congress or Member of Congress Elect,
practices in the United States Claims Court or the United States Court
of Appeals for the Federal Circuit shall be subject to the penalties set
forth in section 216 of this title.".
SEC. 404. AMENDMENT TO SECTION 205 OF TITLE 18, UNITED STATES CODE.
Section 205 of title 18, United States Code, is amended to read as
follows:
"Section 205. Activities of officers and employees in claims against
and other matters affecting the Government
"(a) Whoever, being an officer or employee of the United States in
the executive, legislative, or judicial branch of the Government or in
any agency of the United States, other than in the proper discharge of
his official duties --
"(1) acts as agent or attorney for prosecuting any claim
against the United States, or receives any gratuity, or any share
of or interest in any such claim, in consideration of assistance
in the prosecution of such claim; or
"(2) acts as agent or attorney for anyone before any
department, agency, court, court-martial, officer, or any civil,
military, or naval commission in connection with any covered
matter in which the United States is a party or has a direct and
substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
"(b) Whoever, being an officer or employee of the District of
Columbia or an officer or employee of the Office of the United States
Attorney for the District of Columbia, otherwise than in the proper
discharge of official duties --
"(1) acts as agent or attorney for prosecuting any claim
against the District of Columbia, or receives any gratuity, or any
share of or interest in any such claim in consideration of
assistance in the prosecution of such claim; or
"(2) acts as agent or attorney for anyone before any
department, agency, court, officer, or any commission in
connection with any covered matter in which the District of
Columbia is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
"(c) A special Government employee shall be subject to subsections
(a) and (b) only in relation to a covered matter involving a specific
party or parties --
"(1) in which he has at any time participated personally and
substantially as a Government employee or special Government
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise; or
"(2) which is pending in the department or agency of the
Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government
employee who has served in such department or agency no more than sixty
days during the immediately preceding period of three hundred and
sixty-five consecutive days.
"(d) Nothing in subsection (a) or (b) prevents an officer or
employee, if not inconsistent with the faithful performance of his
duties, from acting without compensation as agent or attorney for, or
otherwise representing, any person who is the subject of disciplinary,
loyalty, or other personnel administration proceedings in connection
with those proceedings.
"(e) Nothing in subsection (a) or (b) prevents an officer or
employee, including a special Government employee, from acting, with or
without compensation, as agent or attorney for, or otherwise
representing, his parents, spouse, child, or any person for whom, or for
any estate for which, he is serving as guardian, executor,
administrator, trustee, or other personal fiduciary except --
"(1) in those matters in which he has participated personally
and substantially as a Government employee or special Government
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise, or
"(2) in those matters which are the subject of his official
responsibility,
subject to approval by the Government official responsible for
appointment to his position.
"(f) Nothing in subsection (a) or (b) prevents a special Government
employee from acting as agent or attorney for another person in the
performance of work under a grant by, or a contract with or for the
benefit of, the United States if the head of the department or agency
concerned with the grant or contract certifies in writing that the
national interest so requires and publishes such certification in the
Federal Register.
"(g) Nothing in this section prevents an officer or employee from
giving testimony under oath or from making statements required to be
made under penalty for perjury or contempt.
"(h) For the purpose of this section, the term 'covered matter' means
any judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, investigation,
charge, accusation, arrest, or other particular matter.".
SEC. 405. AMENDMENTS TO SECTION 208 OF TITLE 18, UNITED STATES CODE.
Section 208 of title 18, United States Code, is amended --
(1) in subsection (a) --
(A) by inserting "or" after "United States Government,";
(B) by inserting "an officer or employee" before "of the
District of Columbia";
(C) by striking "partner" and inserting "general partner"; and
(D) by striking "Shall be fined not more than $10,000, or
imprisoned not more than two years, or both." and inserting "Shall
be subject to the penalties set forth in section 216 of this
title."; and
(2) by striking subsection (b) and inserting the following:
"(b) Subsection (a) shall not apply --
"(1) if the officer or employee first advises the Government
official responsible for appointment to his or her position of the
nature and circumstances of the judicial or other proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, charge, accusation, arrest, or other
particular matter and makes full disclosure of the financial
interest and receives in advance a written determination made by
such official that the interest is not so substantial as to be
deemed likely to affect the integrity of the services which the
Government may expect from such officer or employee;
"(2) if, by regulation issued by the Director of the Office of
Government Ethics, applicable to all or a portion of all officers
and employees covered by this section, and published in the
Federal Register, the financial interest has been exempted from
the requirements of paragraph (1) as being too remote or too
inconsequential to affect the integrity of the services of the
Government officers or employees to which such regulation applies;
"(3) in the case of a special Government employee serving on an
advisory committee within the meaning of the Federal Advisory
Committee Act (including an individual being considered for an
appointment to such a position), the official responsible for the
employee's appointment, after review of the financial disclosure
report filed by the individual pursuant to section 107 of the
Ethics in Government Act of 1978, certifies in writing that the
need for the individual's services outweighs the potential for a
conflict of interest created by the financial interest involved;
or
"(4) the financial interest that would be affected by the
particular matter involved is that resulting solely from the
interest of the officer or employee, or his or her spouse or minor
child, in birthrights --
"(A) in an Indian tribe, band, nation, or other organized group
or community, including any Alaska Native village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act, which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians,
"(B) in an Indian allotment the title to which is held in trust
by the United States or which is inalienable by the allottee
without the consent of the United States, or
"(C) in an Indian claims fund held in trust or administered by
the United States,
if the particular matter does not involve the Indian allotment
or claims fund or the Indian tribe, band, nation, organized group
or community, or Alaska Native village corporation as a specific
party or parties.
"(c)(1) For the purpose of paragraph (1) of subsection (b), in the
case of class A and B directors of Federal Reserve Banks, the Board of
Governors of the Federal Reserve System shall be deemed to be the
Government official responsible for appointment.
"(2) The potential availability of an exemption under any particular
paragraph of subsection (b) does not preclude an exemption being granted
pursuant to another paragraph of subsection (b).
"(d)(1) A copy of any determination by other than the Director of the
Office of Government Ethics granting an exemption pursuant to subsection
(b)(1) or (b)(3) shall be submitted to the Director, who shall make all
determinations available to the public pursuant to section 105 of the
Ethics in Government Act of 1978. For determinations pursuant to
subsection (b)(3), the information from the financial disclosure report
of the officer or employee involved describing the asset or assets that
necessitated the waiver shall also be made available to the public.
This subsection shall not apply, however, if the head of the agency or
his or her designee determines that the determination under subsection
(b)(1) or (b)(3), as the case may be, involves classified information.
"(2) The Office of Government Ethics, after consultation with the
Attorney General, shall issue uniform regulations for the issuance of
waivers and exemptions under subsection (b) which shall --
"(A) list and describe exemptions; and
"(B) provide guidance with respect to the types of interests
that are not so substantial as to be deemed likely to affect the
integrity of the services the Government may expect from the
employee.".
SEC. 406. AMENDMENT TO SECTION 209 OF TITLE 18, UNITED STATES CODE.
Section 209(a) of title 18, United States Code, is amended by
striking "Shall be fined not more than $5,000 or imprisoned not more
than one year, or both." and inserting "Shall be subject to the
penalties set forth in section 216 of this title.".
SEC. 407. PENALTIES AND INJUNCTIONS.
(a) IN GENERAL. -- Chapter 11 of title 18, United States Code, is
amended by inserting after section 215 the following new section:
"Section 216. Penalties and injunctions
"(a) The punishment for an offense under sections 203, 204, 205, 207,
208, and 209 of this title is the following:
"(1) Whoever engages in the conduct constituting the offense
shall be imprisoned for not more than one year or fined in the
amount set forth in this title, or both.
"(2) Whoever willfully engages in the conduct constituting the
offense shall be imprisoned for not more than five years or fined
in the amount set forth in this title, or both.
"(b) The Attorney General may bring a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under sections 203, 204, 205, 207, 208, and 209
of this title and, upon proof of such conduct by a preponderance of the
evidence, such person shall be subject to a civil penalty of not more
than $50,000 for each violation or the amount of compensation which the
person received or offered for the prohibited conduct, whichever amount
is greater. The imposition of a civil penalty under this subsection
does not preclude any other criminal or civil statutory, common law, or
administrative remedy, which is available by law to the United States or
any other person.
"(c) If the Attorney General has reason to believe that a person is
engaging in conduct constituting an offense under section 203, 204, 205,
207, 208, or 209 of this title, the Attorney General may petition an
appropriate United States district court for an order prohibiting that
person from engaging in such conduct. The court may issue an order
prohibiting that person from engaging in such conduct if the court finds
that the conduct constitutes such an offense. The filing of a petition
under this section does not preclude any other remedy which is available
by law to the United States or any other person.".
(b) TABLE OF SECTIONS. -- The table of sections at the beginning of
chapter 11 of title 18, United States Code, is amended by inserting
after the item relating to section 215 the following:
"216. Penalties and injunctions.".
SEC. 501. "2 USC 72a-1g" REFERRAL OF ETHICS VIOLATIONS BY THE SENATE
ETHICS COMMITTEE TO THE GENERAL ACCOUNTING OFFICE FOR INVESTIGATION.
If the Committee on Ethics of the Senate determines that there is a
reasonable basis to believe that a Member, officer, or employee of the
Senate may have committed an ethics violation, the committee may request
the Office of Special Investigations of the General Accounting Office to
conduct factfinding and an investigation into the matter. The Office of
Special Investigations shall promptly investigate the matter as directed
by the committee.
SEC. 502. NONRECOGNITION FOR CERTAIN SALES TO COMPLY WITH
CONFLICT-OF-INTEREST REQUIREMENTS.
(a) GENERAL RULE. -- Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end thereof the following new section:
"SEC. 1043. SALE OF PROPERTY TO COMPLY WITH CONFLICT-OF-INTEREST
REQUIREMENTS.
"(a) NONRECOGNITION OF GAIN. -- If an eligible person sells any
property pursuant to a certificate of divestiture, at the election of
the taxpayer, gain from such sale shall be recognized only to the extent
that the amount realized on such sale exceeds the cost (reduced by any
basis adjustment under subsection (c) attributable to a prior sale) of
any permitted property purchased by the taxpayer during the 60-day
period beginning on the date of such sale.
"(b) DEFINITIONS. -- For purposes of this section --
"(1) ELIGIBLE PERSON. -- The term 'eligible person' means --
"(A) an officer or employee of the executive branch of the
Federal Government, but does not mean a special Government
employee as defined in section 202 of title 18, United States
Code, and
"(B) any spouse or minor or dependent child whose ownership of
any property is attributable under any statute, regulation, rule,
or executive order referred to in paragraph (2) to a person
referred to in subparagraph (A).
"(2) CERTIFICATE OF DIVESTITURE. -- The term 'certificate of
divestiture' means any written determination --
"(A) that states that divestiture of specific property is
reasonably necessary to comply with any Federal conflict of
interest statute, regulation, rule, or executive order (including
section 208 of title 18, United States Code), or requested by a
congressional committee as a condition of confirmation,
"(B) that has been issued by the President or the Director of
the Office of Government Ethics, and
"(C) that identifies the specific property to be divested.
"(3) PERMITTED PROPERTY. -- The term 'permitted property'
means any obligation of the United States or any diversified
investment fund approved by regulations issued by the Office of
Government Ethics.
"(4) PURCHASE. -- The taxpayer shall be considered to have
purchased any permitted property if, but for subsection (c), the
unadjusted basis of such property would be its cost within the
meaning of section 1012.
"(c) BASIS ADJUSTMENTS. -- If gain from the sale of any property is
not recognized by reason of subsection (a), such gain shall be applied
to reduce (in the order acquired) the basis for determining gain or loss
of any permitted property which is purchased by the taxpayer during the
60-day period described in subsection (a).".
(b) TECHNICAL AMENDMENTS. --
(1) Section 1223 of such Code (relating to holding period of
property) is amended by redesignating paragraph (14) as paragraph
(15) and by inserting after paragraph (13) the following new
paragraph:
"(14) In determining the period for which the taxpayer has held
property the acquisition of which resulted under section 1043 in
the nonrecognition of any part of the gain realized on the sale of
other property, there shall be included the period for which such
other property had been held as of the date of such sale.".
(2) Subsection (a) of section 1016 of such Code (relating to
adjustments to basis) is amended by striking "and" at the end of
paragraph (23), by striking the period at the end of paragraph
(24) and inserting ", and", and by adding at the end thereof the
following new paragraph:
"(25) in the case of property the acquisition of which resulted
under section 1043 in the nonrecognition of any part of the gain
realized on the sale of other property, to the extent provided in
section 1043(c).".
(3) The table of sections for part III of subchapter O of
chapter 1 of such Code is amended by adding at the end thereof the
following new item:
"Sec. 1043. Sale of property to comply with conflict-of-interest
requirements.".
(c) EFFECTIVE DATE. -- The amendments made by this section "26 USC
1016 note" shall apply to sales after the date of the enactment of this
Act.
SEC. 503. "31 USC 1344 note" USE OF GOVERNMENT VEHICLES.
Notwithstanding any other provision of law, the head of each
department, agency, or other entity of each branch of the Government
shall prescribe by rule appropriate conditions for the incidental use,
for other than official business, of vehicles owned or leased by the
Government. Such use with respect to vehicles owned or leased by, or
the cost of which is reimbursed by, the House of Representatives or the
Senate shall be only as prescribed by rule of the House of
Representatives or the Senate, as applicable.
SEC. 504. AMENDMENT TO THE FEDERAL ELECTION CAMPAIGN ACT OF 1971 TO
ELIMINATE THE EXCESS CAMPAIGN FUND GRANDFATHER PROVISION.
(a) IN GENERAL. -- Section 313 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 439a) is amended by striking ", with respect to" and
all that follows through "1979,".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) -- "2
USC 439a note"
(1) in the case of an individual who serves as a Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress in the 102nd Congress or an earlier Congress, shall
apply, except as provided in paragraph (2), to the use of excess
amounts totaling more than the amount equal to the unobligated
balance on hand on the date of the enactment of this Act; and
(2) in the case of an individual who serves as a Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress after the 102nd Congress (including an individual
referred to in paragraph (1) who so serves), shall apply to the
use of any excess amount on or after the first day of such
service.
SEC. 505. REPEAL OF CERTAIN OBSOLETE PROVISIONS.
(a) RESTRICTION ON PAYMENT TO CERTAIN RETIRED MILITARY OFFICERS. --
Subsection (a) of section 801 of title 37, United States Code, is
repealed.
(b) INTERIOR APPROPRIATIONS. -- Section 319 of the Act of September
27, 1988 (Interior Department Appropriations, Fiscal Year 1988) (Public
Law 100-446, "18 USC 208 note" 102 Stat. 1774, 1826) is repealed.
SEC. 506. RECERTIFICATION OF SENIOR EXECUTIVES.
(a) Chapter 33 of title 5, United States Code, is amended --
(1) by inserting immediately following section 3393 the
following new section:
"Section 3393a. Recertification
"(a)(1) In order to ensure that the performance of career appointees
demonstrates the excellence needed to meet the goals of the Senior
Executive Service, as set forth in section 3131, each career appointee
shall be subject to recertification by the employing agency in
accordance with the provisions of this section.
"(2) Beginning in calendar year 1991, and recurring every third
calendar year thereafter, the head of an agency shall determine a time
during such calendar year when the performance of career appointees in
the agency shall be subject to recertification. Recertification shall
not be required of any career appointee who has not been continuously
employed as a senior executive for the 156 weeks preceding the time
determined for the recertification. For the purposes of the previous
sentence, a break in service of 6 months shall be deemed not to
interrupt the 156 weeks of continuous employment.
"(b) The supervising official of each career appointee shall submit
to a performance review board established by the agency under section
4314 a recommendation as to whether the career appointee's performance
justifies recertification as a senior executive, based on such factors
as the career appointee's performance ratings for the 3 preceding years
under section 4314, any award or other recognition received by the
career appointee, any developmental activities of the career appointee,
and any other relevant factors. The supervising official's
recommendation shall reflect that official's view as to whether the
career appointee's overall performance over the 3 preceding years has
demonstrated the excellence expected of a senior executive in relation
to the written performance requirements for the career appointee's
senior executive position as established under section 4312(b). The
career appointee may submit to the performance review board a statement
of accomplishments and other documentation giving evidence of the
quality of the career appointee's performance.
"(c)(1) After considering the recommendation and other information
received under subsection (b), the performance review board shall submit
to the appointing authority a recommendation as to whether the career
appointee should be recertified, conditionally recertified, or not
recertified as a senior executive. If the board proposes to recommend
conditional recertification or non-recertification, then the affected
appointee shall be so notified and shall have the opportunity to appear
before the performance review board. If the board is recommending that
the career appointee be recertified, the board may also recommend that
the career appointee's rate of basic pay be increased to a higher rate
established under section 5382. If the board is recommending that the
career appointee be conditionally recertified, the board may recommend
that the career appointee's pay be reduced to the next lower rate
established under section 5382. The board shall also provide to the
appointing authority the recommendation and other information received
under subsection (b).
"(2) More than one-half of the members of a performance review board
under this section shall consist of career appointees. The requirement
of the preceding sentence shall not apply in any case in which the
Office of Personnel Management determines that there exists an
insufficient number of career appointees available to comply with the
requirement.
"(d)(1) If the appointing authority determines that the career
appointee's performance during the preceding 3 years demonstrates the
excellence expected of a senior executive, the appointing authority
shall recommend to the head of the agency that the career appointee be
recertified as a senior executive.
"(2) If the appointing authority determines that the career
appointee's performance has not demonstrated the excellence expected of
a senior executive, the appointing authority shall recommend to the head
of the agency that the career appointee be conditionally recertified as
a senior executive or not be recertified as a senior executive.
"(e)(1) If the head of the agency decides that the career appointee's
performance warrants recertification as a senior executive, the career
appointee shall continue in the Senior Executive Service. If a career
appointee is recertified as a senior executive, the career appointee's
rate of basic pay may not be reduced at the time of recertification.
"(2) If the head of the agency decides that the career appointee's
performance does not warrant full recertification, but does warrant
conditional recertification, the career appointee --
"(A) shall remain a career appointee in the Senior Executive
Service;
"(B) shall be subject to continuing close review of the career
appointee's performance by the supervising official in
coordination with an executive resources board established under
section 3393, in accordance with a performance improvement plan
developed by the supervising official and subject to the approval
of the executive resources board;
"(C) may, if the head of the agency so determines, be reduced
to the next lower rate of basic pay established under section
5382; and
"(D) shall be removed from the Senior Executive Service if the
career appointee is not recertified as a senior executive at the
end of the 12-month period following the conditional
recertification.
If, at the end of the 12-month period following the conditional
recertification, the career appointee is recertified as a senior
executive, any reduction that was made in the career appointee's rate of
basic pay under subparagraph (C) shall be restored prospectively.
"(3) If the head of the agency decides that the career appointee's
performance does not demonstrate that the career appointee qualifies for
recertification or conditional recertification as a senior executive,
the career appointee shall be removed from the Senior Executive Service
in accordance with section 3592.
"(f) The Office of Personnel Management shall prescribe standards and
procedures to ensure consistency and fairness for the process of
recertification under this section.".
(2) by inserting in the analysis, immediately following the
item relating to section 3393, the following new item:
"3393a. Recertification.".
(b) Title 5, United States Code, is further amended as follows:
(1) in section 3151(a)(5) --
(A) by striking "and" at the end of subparagraph (C);
(B) by inserting "and" after the semicolon at the end of
subparagraph (D); and
(C) by inserting after subparagraph (D) the following new
subparagraph:
"(E) recertification consistent with section 3393a;";
(2) in section 3393(g), by inserting after "1207," the
following: "3393a,";
(3) in section 3592(a) --
(A) by striking "or" at the end of paragraph (1);
(B) by inserting "or" after the comma at the end of paragraph
(2);
(C) by inserting after paragraph (2) the following new
paragraph:
"(3) if the career appointee is not recertified as a senior
executive under section 3393a,"; and
(D) by inserting at the end thereof the following: "In the
case of a removal under paragraph (3) of this subsection, the
career appointee shall have the right to appeal the removal from
the Senior Executive Service to the Merit Systems Protection Board
under section 7701.";
(4) in section 3593(a)(2) --
(A) by striking "or";
(B) by striking the period and inserting in lieu thereof the
following: ", or failure to be recertified as a senior executive
under section 3393a.";
(5) in section 3594(b) --
(A) by striking "or" at the end of paragraph (1);
(B) by inserting "or" after the semicolon at the end of
paragraph (2); and
(C) by inserting after paragraph (2) the following new
paragraph:
"(3) is removed from the Senior Executive Service for failure
to be recertified under section 3393a;";
(6) in section 7701(c)(1)(A) by striking "of" and inserting in
lieu thereof the following: "of a removal from the Senior
Executive Service for failure to be recertified under section
3393a or";
(7) in section 8336(h) --
(A) in paragraph (1) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive under section 3393a or for";
(B) in paragraph (2) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive or for"; and
(C) in paragraph (3) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive or for";
(8) in section 8339(h) by striking the period at the end of the
first sentence and inserting in lieu thereof the following: ",
except that such reduction shall not apply in the case of an
employee retiring under section 8336(h) for failure to be
recertified as a senior executive.";
(9) in section 8414(a) --
(A) in paragraph (1) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive under section 3393a or for";
(B) in paragraph (2) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive or for"; and
(C) in paragraph (3) by striking "for" and inserting in lieu
thereof the following: "for failure to be recertified as a senior
executive or for"; and
(10) in section 8421(a)(2) by striking the period and inserting
in lieu thereof the following: ", except that an individual
entitled to an annuity under section 8414(a) for failure to be
recertified as a senior executive shall be entitled to an annuity
supplement without regard to such applicable minimum retirement
age".
(c)(1) Section 305 of the Foreign Service Act of 1980 "22 USC 3945"
is amended by inserting at the end thereof the following new subsection:
"(c) The Secretary shall by regulation establish a recertification
process for members of the Senior Foreign Service that is equivalent to
the recertification process for the Senior Executive Service under
section 3393a of title 5, United States Code.".
(2) Section 12(a)(1) of the National Security Agency Act "50
USC 402 note" of 1959 is amended --
(A) by striking "and" at the end of paragraph (F);
(B) by inserting "and" after the semicolon at the end of
paragraph (G); and
(C) by inserting after paragraph (G) the following new
paragraph:
"(H) provide for the recertification of members of the Senior
Cryptologic Executive Service consistent with the provisions of
section 3393a of such title.".
(3) Section 1601(a) of title 10, United States Code, is amended
--
(A) by striking "and" at the end of paragraph (6);
(B) by inserting "and" after the semicolon at the end of
paragraph (7); and
(C) by inserting after paragraph (7) the following new
paragraph:
"(8) provide for the recertification of members of the Defense
Intelligence Senior Executive Service consistent with the
provisions of section 3393a of title 5.".
(d) The amendments made by this section "5 USC 3151 note" shall take
effect on January 1, 1991.
SEC. 507. SUSPENSION OF EFFECT OF CERTAIN PROVISIONS OF LAW.
The following provisions of law shall have no force or effect during
the period beginning on the day after the date of enactment of this Act
and ending one year after such day:
(1) Section 27 of the Office of Federal Procurement Policy Act
"41 USC 423 note" (41 U.S.C. 423).
(2) Sections 2397a and 2397b of title 10, "10 USC 2397a note,
2397b note" United States Code.
(3) Section 281 of title 18, "18 USC 281 note" United States
Code.
(4) Sections 603 through 606, subsections (a) and (b) of
section 607, and subsections (a) and (c) of section 608 "42 USC
7213 note, 7214 note, 7215 note, 7216 note, 7217 note, 7218 note"
of the Department of Energy Organization Act.
SEC. 601. LIMITATIONS ON OUTSIDE EARNED INCOME AND EMPLOYMENT.
(a) LIMITATIONS. -- Title V of the Ethics in Government Act of 1978
is amended to read as follows:
"SEC. 501. "5 USC app. 501" OUTSIDE EARNED INCOME LIMITATION.
"(a) OUTSIDE EARNED INCOME LIMITATION. --
"(1) Except as provided by paragraph (2), a Member or an
officer or employee who is not a career civil servant and whose
rate of basic pay is equal to or greater than the annual rate of
basic pay in effect for grade GS-16 of the General Schedule under
section 5332 of title 5, United States Code, may not in any
calendar year have outside earned income attributable to such
calendar year which exceeds 15 percent of the annual rate of basic
pay for level II of the Executive Schedule under section 5313 of
title 5, United States Code, as of January 1 of such calendar
year.
"(2) In the case of any individual who becomes a Member or an
officer or employee who is not a career civil servant and whose
rate of basic pay is equal to or greater than the annual rate of
basic pay in effect for grade GS-16 of the General Schedule during
a calendar year, such individual may not have outside earned
income attributable to the portion of that calendar year which
occurs after such individual becomes a Member, officer or employee
which exceeds 15 percent of the annual rate of basic pay for level
II of the Executive Schedule under section 5313 of title 5, United
States Code, as of January 1 of such calendar year multiplied by a
fraction the numerator of which is the number of days such
individual is a Member, officer or employee during such calendar
year and the denominator of which is 365.
"(b) HONORARIA PROHIBITION. -- An individual may not receive any
honorarium while that individual is a Member, officer or employee.
"(c) TREATMENT OF CHARITABLE CONTRIBUTIONS. -- Any honorarium which,
except for subsection (b), might be paid to a Member, officer or
employee, but which is paid instead on behalf of such Member, officer or
employee to a charitable organization, shall be deemed not to be
received by such Member, officer or employee. No such payment shall
exceed $2,000 or be made to a charitable organization from which such
individual or a parent, sibling, spouse, child, or dependent relative of
such individual derives any financial benefit.
"SEC. 502. "5 USC app. 502" LIMITATIONS ON OUTSIDE EMPLOYMENT.
"A Member or an officer or employee who is not a career civil servant
and whose rate of basic pay is equal to or greater than the annual rate
of basic pay in effect for grade GS-16 of the General Schedule shall not
--
"(1) affiliate with or be employed by a firm, partnership,
association, corporation, or other entity to provide professional
services which involves a fiduciary relationship for compensation;
"(2) permit that Member's, officer's, or employee's name to be
used by any such firm, partnership, association, corporation, or
other entity;
"(3) practice a profession which involves a fiduciary
relationship for compensation;
"(4) serve for compensation as an officer or member of the
board of any association, corporation, or other entity; or
"(5) receive compensation for teaching, without the prior
notification and approval of the appropriate entity referred to in
section 503.
"SEC. 503. "5 USC app. 503" ADMINISTRATION.
"This title shall be subject to the rules and regulations of --
"(1) and administered by the committee of the House of
Representatives assigned responsibility for administering the
reporting requirements of title I with respect to Members,
officers and employees of the House of Representatives;
"(2) the Office of Government Ethics and administered by
designated agency ethics officials with respect to officers and
employees of the executive branch; and
"(3) and administered by the Judicial Conference of the United
States (or such other agency as it may designate) with respect to
officers and employees of the judicial branch.
"SEC. 504. "5 USC app. 504" CIVIL PENALTIES.
"(a) CIVIL ACTION. -- The Attorney General may bring a civil action
in any appropriate United States district court against any individual
who violates any provision of section 501 or 502. The court in which
such action is brought may assess against such individual a civil
penalty of not more than $10,000 or the amount of compensation, if any,
which the individual received for the prohibited conduct, whichever is
greater.
"(b) ADVISORY OPINIONS. -- Any entity described in section 503 may
render advisory opinions interpreting this title, in writing, to
individuals covered by this title. Any individual to whom such an
advisory opinion is rendered and any other individual covered by this
title who is involved in a fact situation which is indistinguishable in
all material aspects, and who, after the issuance of such advisory
opinion, acts in good faith in accordance with its provisions and
findings shall not, as a result of such actions, be subject to any
sanction under subsection (a).
"SEC. 505. "5 USC app. 505" DEFINITIONS.
"For purposes of this title:
"(1) The term 'Member' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
"(2) The term 'officer or employee' means any officer or
employee of the Government except (A) any individual (other than
the Vice President) whose compensation is disbursed by the
Secretary of the Senate or (B) any special Government employee (as
defined in section 202 of title 18, United States Code).
"(3) The term 'honorarium' means a payment of money or any
thing of value for an appearance, speech or article by a Member,
officer or employee, excluding any actual and necessary travel
expenses incurred by such individual (and one relative) to the
extent that such expenses are paid or reimbursed by any other
person, and the amount otherwise determined shall be reduced by
the amount of any such expenses to the extent that such expenses
are not paid or reimbursed.
"(4) The term 'travel expenses' means, with respect to a
Member, officer or employee, or a relative of any such individual,
the cost of transportation, and the cost of lodging and meals
while away from his or her residence or principal place of
employment.
"(5) The term 'charitable organization' means an organization
described in section 170(c) of the Internal Revenue Code of
1986.".
(b) CONFORMING AMENDMENTS. --
(1) Section 323 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441i) is amended --
(A) in subsection (a) by striking "No person while an elected
or appointed officer or employee of the Federal Government" and by
inserting "No person while a Senator or officer or employee of the
Senate", and by striking "accept" the first place it appears; and
(B) in subsection (b) by striking "an elected or appointed
officer or employee of any branch of the Federal Government" and
by inserting "a Senator or any officer or employee of the Senate".
(2) Section 908(a)(3) of the Supplemental Appropriations Act,
1983 (2 U.S.C. 31-1(a)(3)), is amended to read as follows:
"(3) 'Member' means a Senator; and".
SEC. 602. TAX TREATMENT OF AMOUNTS PAID TO CHARITY.
Section 7701 of the Internal Revenue Code of 1986 "26 USC 7701" is
amended by redesignating subsection (k) as subsection (l) and by
inserting after subsection (j) the following:
"(k) TREATMENT OF CERTAIN AMOUNTS PAID TO CHARITY. -- In the case of
any payment which, except for section 501(b) of the Ethics in Government
Act of 1978, might be made to any officer or employee of the Federal
Government but which is made instead on behalf of such officer or
employee to an organization described in section 170(c) --
"(1) such payment shall not be treated as received by such
officer or employee for all purposes of this title and for all
purposes of any tax law of a State or political subdivision
thereof, and
"(2) no deduction shall be allowed under any provision of this
title (or of any tax law of a State or political subdivision
thereof) to such officer or employee by reason of having such
payment made to such organization.
For purposes of this subsection, a Representative in, or a Delegate or
Resident Commissioner to, the Congress shall be treated as an officer or
employee of the Federal Government and a Senator or officer (except the
Vice President) or employee of the Senate shall not be treated as an
officer or employee of the Federal Government.".
SEC. 603. "2 USC 31-1 note" EFFECTIVE DATE.
The amendments made by this title shall take effect on January 1,
1991. Such amendments shall cease to be effective if the provisions of
section 703 are subsequently repealed, in which case the laws in effect
before such amendments shall be deemed to be reenacted.
SEC. 701. CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION.
(a) REDESIGNATION. --
(1) IN GENERAL. -- Section 225(a) of the Federal Salary Act of
1967 (2 U.S.C. 351) is amended by striking "Commission on
Executive, Legislative, and Judicial Salaries" and inserting
"Citizens' Commission on Public Service and Compensation".
(2) CONFORMING AMENDMENT. -- The heading for section 225 of
such Act (2 U.S.C. 351 and following) is amended to read as
follows:
(b) MEMBERSHIP. -- Section 225(b) of such Act (2 U.S.C. 352) is
amended to read as follows:
"(b) MEMBERSHIP. --
"(1) The Commission shall be composed of 11 members, who shall
be appointed from private life as follows:
"(A) 2 appointed by the President of the United States;
"(B) 1 appointed by the President pro tempore of the Senate,
upon the recommendation of the majority and minority leaders of
the Senate;
"(C) 1 appointed by the Speaker of the House of
Representatives;
"(D) 2 appointed by the Chief Justice of the United States;
and
"(E) 5 appointed by the Administrator of General Services in
accordance with paragraph (4).
"(2) No person shall serve as a member of the Commission who is
--
"(A) an officer or employee of the Federal Government;
"(B) registered (or required to register) under the Federal
Regulation of Lobbying Act; or
"(C) a parent, sibling, spouse, child, or dependent relative,
of anyone under subparagraph (A) or (B).
"(3) The persons appointed under subparagraphs (A) through (D)
of paragraph (1) shall be selected without regard to political
affiliation, and should be selected from among persons who have
experience or expertise in such areas as government, personnel
management, or public administration.
"(4) The Administrator of General Services shall by regulation
establish procedures under which persons shall be selected for
appointment under paragraph (1)(E). Such procedures --
"(A) shall be designed in such a way so as to provide for the
maximum degree of geographic diversity practicable among members
under paragraph (1)(E);
"(B) shall include provisions under which those members shall
be chosen by lot from among names randomly selected from voter
registration lists; and
"(C) shall otherwise comply with applicable provisions of this
subsection.
"(5) The chairperson shall be designated by the President.
"(6) A vacancy in the membership of the Commission shall be
filled in the manner in which the original appointment was made.
"(7) Each member of the Commission shall be paid at the rate of
$100 for each day such member is engaged upon the work of the
Commission and shall be allowed travel expenses, including a per
diem allowance, in accordance with section 5703 of title 5, United
States Code, when engaged in the performance of services for the
Commission.
"(8)(A) The terms of office of persons first appointed as
members of the Commission shall be for the period of the 1993
fiscal year of the Federal Government, and shall begin not later
than February 14, 1993.
"(B) After the close of the 1993 fiscal year of the Federal
Government, persons shall be appointed as members of the
Commission with respect to every fourth fiscal year following the
1993 fiscal year. The terms of office of persons so appointed
shall be for the period of the fiscal year with respect to which
the appointment is made, except that, if any appointment is made
after the beginning and before the close of any such fiscal year,
the term of office based on such appointment shall be for the
remainder of such fiscal year.
"(C)(i) Notwithstanding any provision of subparagraph (A) or
(B), members of the Commission may continue to serve after the
close of a fiscal year, if the date designated by the President
under subsection (g) (relating to the date by which the Commission
is to submit its report to the President) is subsequent to the
close of such fiscal year, and only if or to the extent necessary
to allow the Commission to submit such report.
"(ii) Notwithstanding any provision of subsection (c),
authority under such subsection shall remain available, after the
close of a fiscal year, so long as members of the Commission
continue to serve.".
(c) AMENDMENTS TO SECTION 225(c). -- Section 225(c) of such Act (2
U.S.C. 353) is amended by striking "subsection (b)(2) and (3)" each
place it appears and inserting "subparagraphs (A) and (B) of subsection
(b)(8)".
(d) AMENDMENT TO SECTION 225(f). -- Section 225(f) of such Act (2
U.S.C. 356) is amended by striking "subsection (b)(2) and (3)" and
inserting "subparagraphs (A) and (B) of subsection (b)(8)".
(e) REPORT TO THE PRESIDENT. -- Section 225(g) of such Act (2 U.S.C.
357) is amended --
(1) by amending the subsection heading to read as follows:
"REPORT BY COMMISSION TO THE PRESIDENT WITH RESPECT TO PAY";
(2) in the first sentence, by striking "Commission of" and
inserting "Commission with respect to rates of pay for"; and
(3) in the second sentence, by striking "December 15" and all
that follows thereafter through the period and inserting "December
15 next following the close of the fiscal year in which the review
is conducted by the Commission.".
(f) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY. -- Section
225(h) of such Act (2 U.S.C. 358) is amended to read as follows:
"(h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY. --
"(1) After considering the report and recommendations of the
Commission submitted under subsection (g), the President shall
transmit to Congress his recommendations with respect to the exact
rates of pay, for offices and positions within the purview of
subparagraphs (A), (B), (C), and (D) of subsection (f), which the
President considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing market
value of the services rendered in the offices and positions
involved, the overall economic condition of the country, and the
fiscal condition of the Federal Government.
"(2) The President shall transmit his recommendations under
this subsection to Congress on the first Monday after January 3 of
the first calendar year beginning after the date on which the
Commission submits its report and recommendations to the President
under subsection (g).".
(g) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT. -- Section
225(i) of such Act (2 U.S.C. 359) is amended to read as follows:
"(i) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT. --
"(1) None of the President's recommendations under subsection
(h) shall take effect unless approved under paragraph (2).
"(2)(A) The recommendations of the President under subsection
(h) shall be considered approved under this paragraph if there is
enacted into law a bill or joint resolution approving such
recommendations in their entirety. This bill or joint resolution
shall be passed by recorded vote to reflect the vote of each
Member of Congress thereon.
"(B)(i) The provisions of this subparagraph are enacted by the
Congress --
"(I) as an exercise of the rulemaking power of the Senate and
the House of Representatives and as such shall be considered as
part of the rules of each House, and shall supersede other rules
only to the extent that they are inconsistent therewith; and
"(II) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedures of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
"(ii) During the 60-calendar-day period beginning on the date
that the President transmits his recommendations to the Congress
under subsection (h), it shall be in order as a matter of highest
privilege in each House of Congress to consider a bill or joint
resolution, if offered by the majority leader of such House (or a
designee), approving such recommendations in their entirety.
"(3) Except as provided in paragraph (4), any recommended pay
adjustment approved under paragraph (2) shall take effect as of
the date proposed by the President under subsection (h) with
respect to such adjustment.
"(4)(A) Notwithstanding the approval of the President's pay
recommendations in accordance with paragraph (2), none of those
recommendations shall take effect unless, between the date on
which the bill or resolution approving those recommendations is
signed by the President (or otherwise becomes law) and the
earliest date as of which the President proposes (under subsection
(h)) that any of those recommendations take effect, an election of
Representatives shall have intervened.
"(B) For purposes of this paragraph, the term 'election of
Representatives' means an election held on the Tuesday following
the first Monday of November in any even-numbered calendar year.".
(h) AMENDMENT TO SECTION 225(j). -- Section 225(j)(A) of such Act (2
U.S.C. 360(A)) is amended by striking "(other than" and all that follows
thereafter through ", and" and inserting "(other than any provision of
law enacted with respect to such recommendations in the period beginning
on the date the President transmits his recommendations to the Congress
under subsection (h) and ending on the date of their approval under
subsection (i)(2)), and".
(i) REQUIREMENTS APPLICABLE TO RECOMMENDATIONS. -- Section 225 of
such Act (2 U.S.C. 351 and following) is amended by adding at the end
the following:
"(l) "2 USC 362" REQUIREMENTS APPLICABLE TO RECOMMENDATIONS. --
Notwithstanding any other provision of this section, the recommendations
submitted by the Commission to the President under subsection (g), and
the recommendations transmitted by the President to the Congress under
subsection (h), shall be in conformance with the following:
"(1) Any recommended pay adjustment shall specify the date as
of which it is proposed that such adjustment take effect.
"(2) The proposed effective date of a pay adjustment may occur
no earlier than January 1 of the second fiscal year, and no later
than December 31 next following the close of the fifth fiscal
year, beginning after the fiscal year in which the Commission
conducts its review under subsection (f).
"(3)(A)(i) The rates of pay recommended for the Speaker of the
House of Representatives, the Vice President of the United States,
and the Chief Justice of the United States, respectively, shall be
equal.
"(ii) The rates of pay recommended for the majority and
minority leaders of the Senate and the House of Representatives,
the President pro tempore of the Senate, and each office or
position under section 5312 of title 5, United States Code
(relating to level I of the Executive Schedule), respectively,
shall be equal.
"(iii) The rates of pay recommended for a Senator, a Member of
the House of Representatives, the Resident Commissioner from
Puerto Rico, a Delegate to the House of Representatives, a judge
of a district court of the United States, a judge of the United
States Court of International Trade, and each office or position
under section 5313 of title 5, United States Code (relating to
level II of the Executive Schedule), respectively, shall be equal.
"(B) Nothing in this subsection shall be considered to require
that the rate recommended for any office or position by the
President under subsection (h) be the same as the rate recommended
for such office or position by the Commission under subsection
(g).".
(j) ADDITIONAL FUNCTION. -- Section 225 of such Act (2 U.S.C. 351
and following), "2 USC 363" as amended by subsection (i), is further
amended by adding at the end the following:
"(m) ADDITIONAL FUNCTION. -- The Commission shall, whenever it
conducts a review under subsection (f), also conduct a review under this
subsection relating to any recruitment or retention problems, and any
public policy issues involved in maintaining appropriate ethical
standards, with respect to any offices or positions within the Federal
public service. Any findings or recommendations under this subsection
shall be included by the Commission as part of its report to the
President under subsection (g).".
(k) PROVISION RELATING TO CERTAIN OTHER PAY ADJUSTMENTS. -- Section
225 of such Act (2 U.S.C. 351 and following) "2 USC 364" is amended by
adding after subsection (m) (as added by subsection (j)) the following:
"(n) PROVISION RELATING TO CERTAIN OTHER PAY ADJUSTMENTS. --
"(1) A provision of law increasing the rate of pay payable for
an office or position within the purview of subparagraph (A), (B),
(C), or (D) of subsection (f) shall not take effect before the
beginning of the Congress following the Congress during which such
provision is enacted.
"(2) For purposes of this subsection, a provision of law
enacted during the period beginning on the Tuesday following the
first Monday of November of an even-numbered year of any Congress
and ending at noon on the following January 3 shall be considered
to have been enacted during the first session of the following
Congress.
"(3) Nothing in this subsection shall be considered to apply
with respect to any pay increase --
"(A) which takes effect under the preceding subsections of this
section;
"(B) which is based on a change in the Employment Cost Index
(as determined under section 704(a)(1) of the Ethics Reform Act of
1989) or which is in lieu of any pay adjustment which might
otherwise be made in a year based on a change in such index (as so
determined); or
"(C) which takes effect under section 702 or 703 of the Ethics
Reform Act of 1989.".
SEC. 702. "5 USC 5305 note" RESTORATION OF COMPARABILITY
ADJUSTMENTS.
(a) RESTORATION. --
(1) IN GENERAL. -- Effective for pay periods beginning on or
after the date of enactment of this Act, the rate of basic pay for
any office or position in the executive, legislative, or judicial
branch of the Government or in the government of the District of
Columbia shall be determined as if the provisions of law cited in
paragraph (2) had never been enacted.
(2) CITATIONS. -- The provisions of law referred to in
paragraph (1) are as follows:
(A) Section 620(b) of the Treasury, Postal Service and General
Government Appropriations Act, 1989 "5 USC 5305 note" (2 U.S.C.
5305 note).
(B) Section 619(b) of the Treasury, Postal Service and General
Government Appropriations Act, "5 USC 5305 note" 1990 (Public Law
101-136).
(b) EXCEPTIONS. -- Notwithstanding any other provision of this
section, the rate of basic pay for a Senator, the President pro tempore
of the Senate, and the majority leader and the minority leader of the
Senate shall be determined as if subsection (a) had not been enacted.
(c) SPECIFIC AUTHORITY. -- For purposes of section 140 of Public Law
97-92 (28 U.S.C. 461 note), appropriate salary increases are hereby
authorized for Federal judges and Justices of the Supreme Court pursuant
to subsection (a).
(d) SPECIAL RULE. -- Notwithstanding any other provision of this
section, no adjustment in any rate of pay shall become effective, as a
result of the enactment of this section, before the first applicable pay
period beginning on or after the date as of which the order issued by
the President on October 16, 1989, pursuant to section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 is rescinded.
SEC. 703. "5 USC 5318 note" SALARY LEVELS OF SENIOR GOVERNMENT
OFFICIALS.
(a) SALARY LEVELS. --
(1) EXECUTIVE POSITIONS. -- Effective the first day of the
first applicable pay period that begins on or after January 1,
1991, the rate of basic pay for positions in the Executive
Schedule shall be increased in the amount of 25 percent of their
respective rates (as last in effect before the increase), rounded
to the nearest multiple of $100 (or, if midway between multiples
of $100, to the next higher multiple of $100).
(2) LEGISLATIVE POSITIONS; OFFICE OF THE VICE PRESIDENT. --
(A) GENERALLY. -- Effective the first day of the first
applicable pay period that begins on or after January 1, 1991, the
rate of basic pay for the offices and positions under
subparagraphs (A) and (B) of section 225(f) of the Federal Salary
Act of 1967 (2 U.S.C. 356(A) and (B)) shall be increased in the
amount of 25 percent of their respective rates (as last in effect
before the increase), rounded to the nearest multiple of $100 (or,
if midway between multiples of $100, to the next higher multiple
of $100), except as provided in subparagraph (B).
(B) EXCEPTIONS. -- Nothing in subparagraph (A) shall affect
the rate of basic pay for a Senator, the President pro tempore of
the Senate, or the majority leader or the minority leader of the
Senate.
(3) JUDICIAL POSITIONS. -- Effective the first day of the
first applicable pay period that begins on or after January 1,
1991, the rate of basic pay for the Chief Justice of the United
States, an associate justice of the Supreme Court of the United
States, a judge of a United States circuit court, a judge of a
district court of the United States, and a judge of the United
States Court of International Trade shall be increased in the
amount of 25 percent of their respective rates (as last in effect
before the increase), rounded to the nearest multiple of $100 (or,
if midway between multiples of $100, to the next higher multiple
of $100).
(b) COORDINATION RULE. -- If a pay adjustment under subsection (a)
is to be made for an office or position as of the same date as any other
pay adjustment affecting such office or position, the adjustment under
subsection (a) shall be made first.
SEC. 704. "5 USC 5318 note" REVISION IN METHOD BY WHICH ANNUAL PAY
ADJUSTMENTS FOR CERTAIN EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS
ARE TO BE MADE.
(a) PERCENT CHANGE IN THE EMPLOYMENT COST INDEX. --
(1) METHOD FOR COMPUTING PERCENT CHANGE IN THE ECI. --
(A) DEFINITIONS. -- For purposes of this paragraph --
(i) the term "Employment Cost Index" or "ECI" means the
Employment Cost Index (wages and salaries, private industry
workers) published quarterly by the Bureau of Labor Statistics;
and
(ii) the term "base quarter" means the 3-month period ending on
December 31 of a year.
(B) METHOD. -- For purposes of the provisions of law amended
by paragraph (2), the "most recent percentage change in the ECI",
as of any date, shall be one-half of 1 percent less than the
percentage (rounded to the nearest one-tenth of 1 percent) derived
by --
(i) reducing --
(I) the ECI for the last base quarter prior to that date, by
(II) the ECI for the second to last base quarter prior to that
date,
(ii) dividing the difference under clause (i) by the ECI for
the base quarter referred to in clause (i)(II), and
(iii) multiplying the quotient under clause (ii) by 100, except
that no percentage change determined under this paragraph shall be
--
(I) less than zero; or
(II) greater than 5 percent.
(2) PROVISIONS THROUGH WHICH NEW METHOD IS TO BE IMPLEMENTED.
--
(A) AMENDMENT TO TITLES 3, 5, AND 28 OF THE UNITED STATES CODE.
-- Section 104 of title 3, United States Code, section 5318 of
title 5, United States Code, and section 461(a) of title 28,
United States Code, are amended by striking "corresponds to" and
all that follows thereafter through the period, and inserting the
following:
"corresponds to the most recent percentage change in the ECI (relative
to the date described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under
this sentence is the first day of the fiscal year in which such
adjustment in the rates of pay under the General Schedule takes
effect.".
(B) AMENDMENT TO THE LEGISLATIVE REORGANIZATION ACT OF 1946.
-- Section 601(a)(2) of the Legislative Reorganization Act of 1946
(2 U.S.C. 31(2)) is amended by striking "corresponds to" and all
that follows thereafter through the period and inserting the
following:
"corresponds to the most recent percentage change in the ECI (relative
to the date described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under
this sentence is the first day of the fiscal year in which such
adjustment in the rates of pay under the General Schedule takes
effect.".
(b) EFFECTIVE DATE. -- This section and the amendments made by this
section shall take effect on January 1, 1991.
SEC. 705. WORK PERFORMED BY SENIOR JUDGES IN ORDER TO RECEIVE
CERTAIN SALARY INCREASES.
(a) IN GENERAL. -- Section 371 of title 28, United States Code, is
amended --
(1) in subsection (b) --
(A) by inserting "(1)" after "(b)";
(B) by inserting "or her" after "his"; and
(C) by striking the period and inserting the following: "if he
or she meets the requirements of subsection (f).
"(2) In a case in which a justice or judge who retires under
paragraph (1) does not meet the requirements of subsection (f), the
justice or judge shall continue to receive the salary that he or she was
receiving when he or she was last in active service or, if a
certification under subsection (f) was made for such justice or judge,
when such a certification was last in effect. The salary of such
justice or judge shall be adjusted under section 461 of this title.";
and
(2) by adding at the end the following new subsection:
"(f)(1) In order to continue receiving the salary of the office under
subsection (b), a justice must be certified in each calendar year by the
Chief Justice, and a judge must be certified by the chief judge of the
circuit in which the judge sits, as having met the requirements set
forth in at least one of the following subparagraphs:
"(A) The justice or judge must have carried in the preceding
calendar year a caseload involving courtroom participation which
is equal to or greater than the amount of work involving courtroom
participation which an average judge in active service would
perform in three months. In the instance of a justice or judge
who has sat on both district courts and courts of appeals, the
caseload of appellate work and trial work shall be determined
separately and the results of those determinations added together
for purposes of this paragraph.
"(B) The justice or judge performed in the preceding calendar
year substantial judicial duties not involving courtroom
participation under subparagraph (A), including settlement
efforts, motion decisions, writing opinions in cases that have not
been orally argued, and administrative duties for the court to
which the justice or judge is assigned. Any certification under
this subparagraph shall include a statement describing in detail
the nature and amount of work and certifying that the work done is
equal to or greater than the work described in this subparagraph
which an average judge in active service would perform in three
months.
"(C) The justice or judge has, in the preceding calendar year,
performed work described in subparagraphs (A) and (B) in an amount
which, when calculated in accordance with such subparagraphs, in
the aggregate equals at least 3 months work.
"(D) The justice or judge has, in the preceding calendar year,
performed substantial administrative duties directly related to
the operation of the courts, or has performed substantial duties
for a Federal or State governmental entity. A certification under
this subparagraph shall specify that the work done is equal to the
full-time work of an employee of the judicial branch.
"(E) The justice or judge was unable in the preceding calendar
year to perform judicial or administrative work to the extent
required by any of subparagraphs (A) through (D) because of a
temporary or permanent disability. A certification under this
subparagraph shall be made to a justice who certifies in writing
his or her disability to the Chief Justice, and to a judge who
certifies in writing his or her disability to the chief judge of
the circuit in which the judge sits. A justice or judge who is
certified under this subparagraph as having a permanent disability
shall be deemed to have met the requirements of this subsection
for each calendar year thereafter.
"(2) Determinations of work performed under subparagraphs (A), (B)),
(C), and (D) of paragraph (1) shall be made pursuant to rules
promulgated by the Judicial Conference of the United States. In
promulgating such criteria, the Judicial Conference shall take into
account existing standards promulgated by the Conference for allocation
of space and staff for senior judges.
"(3) If in any year a justice or judge who retires under subsection
(b) does not receive a certification under this subsection (except as
provided in paragraph (1)(E)), he or she is thereafter ineligible to
receive such a certification.
"(4) In the case of any justice or judge who retires under subsection
(b) during a calendar year, there shall be included in the determination
under this subsection of work performed during that calendar year all
work performed by that justice or judge (as described in subparagraphs
(A), (B), (C), and (D) of paragraph (1)) during that calendar year
before such retirement.".
(b) "28 USC 371 note" EFFECTIVE DATE. --
(1) IN GENERAL. -- The amendments made by subsection (a) shall
first apply with respect to work performed on or after January 1,
1990, by a justice or judge of the United States who has retired
under section 371(b) of title 28, United States Code.
(2) CALENDAR YEAR 1990. -- In the case of certifications
required by section 371(f) of title 28, United States Code, for
calendar year 1990 --
(A) such certifications shall be based on the 10-month period
beginning on January 1, 1990, and ending on October 31, 1990, and
shall be completed not later than December 15, 1990;
(B) determinations of work performed under section 371(f) of
title 28, United States Code, shall be made pro rata on the basis
of such 10-month period; and
(C) such certifications shall be deemed to be certifications
made in calendar year 1991.
SEC. 801. ACCEPTANCE OF GIFTS.
(a) DOLLAR LIMITS. -- Clause 4 of rule XLIII of the Rules of the
House of Representatives is amended to read as follows:
"4. A Member, officer or employee of the House of Representatives
shall not accept gifts (other than the personal hospitality of an
individual or with a fair market value of $75 or less) in any calendar
year aggregating more than the minimal value as established by paragraph
(5) of section 7342 of title 5, United States Code, directly or
indirectly from any person (other than from a relative), except to the
extent permitted by written waiver granted in exceptional circumstances
by the Committee on Standards of Official Conduct pursuant to clause
4(e)(1)(E) of rule X.".
(b) DEFINITIONS. -- The last undesignated paragraph of rule XLIII of
the Rules of the House of Representatives is amended --
(1) by striking the dash after "Conduct" and by striking "(1)
The" and by inserting ", the";
(2) by striking "the person reporting" and by inserting "such
Member, officer, or employee, and shall be deemed to include the
fiance or fiancee of the Member, officer, or employee"; and
(3) by repealing subparagraph (2).
(c) Rule XLIII of the Rules of the House of Representatives is
amended by inserting after clause 11 the following:
"12. (a) Except as provided by paragraph (b), any employee of the
House of Representatives who is required to file a report pursuant to
rule XLIV shall refrain from participating personally and substantially
as an employee of the House of Representatives in any contact with any
agency of the executive or judicial branch of Government with respect to
non-legislative matters affecting any non-governmental person in which
the employee has a significant financial interest.
"(b) Paragraph (a) shall not apply if an employee first advises his
employing authority of his significant financial interest and obtains
from his employing authority a written waiver stating that the
participation of the employee is necessary. A copy of each such waiver
shall be filed with the Committee on Standards of Official Conduct.".
(d) ADDITIONAL DUTIES OF THE COMMITTEE ON STANDARDS OF OFFICIAL
CONDUCT. -- Clause 4(e)(1) of rule X of the Rules of the House of
Representatives is amended by striking "and" before "(D)" and by
inserting before the period the following: "; and (E) to give
consideration to the request of any Member, officer, or employee of the
House for a written waiver in exceptional circumstances with respect to
clause 4 of rule XLIII".
(e) "2 USC 29d note" ADVISORY OPINION AMENDMENTS. -- The Committee
on Standards of Official Conduct of the House of Representatives shall
amend its advisory opinions relating to the acceptance of gifts (1) to
prohibit lodging received as personal hospitality in excess of 30 days
in any calendar year from any individual unless a written waiver is
granted by the committee and (2) to exempt gifts of food and beverages
consumed not in connection with gifts of lodging from coverage under
clause 4 of rule XLIII of the Rules of the House of Representatives.
(f) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on January 1, 1990.
SEC. 802. USE OF OFFICIAL RESOURCES.
(a) QUALIFICATIONS OF OFFICERS AND EMPLOYEES. -- Rule XLI of the
Rules of the House of Representatives is amended to read as follows:
"No person shall be an officer or employee of the House, or continue
in its employment, who shall be an agent for the prosecution of any
claim against the Government or be interested in such claim otherwise
than as an original claimant or than in the proper discharge of official
duties.".
(b) RIGHTS AND DUTIES OF STAFF. -- (1) Clause 8 of rule XLIII of the
Rules of the House of Representatives is amended to read as follows:
"8. A Member or officer of the House of Representatives shall retain
no one under his payroll authority who does not perform official duties
commensurate with the compensation received in the offices of the
employing authority. In the case of committee employees who work under
the direct supervision of a Member other than a chairman, the chairman
may require that such Member affirm in writing that the employees have
complied with the preceding sentence (subject to clause 6 of rule XI) as
evidence of the chairman's compliance with this clause and with clause 6
of rule XI.".
(2) Clause 9 of rule XLIII of the Rules of the House of
Representatives is amended by inserting "(including marital or parental
status), handicap" after "sex" and by inserting before the period the
following: ", but may take into consideration the domicile or political
affiliation of such individual".
(3) Clause 6 of rule XI of the Rules of the House of Representatives
is amended --
(A) in paragraph (a)(3) by striking subdivision (A) and by
redesignating subdivisions (B) and (C) as subdivisions (A) and
(B), respectively; and
(B) in paragraph (a)(3)(A) (as redesignated) by inserting
"during congressional working hours" after "business"; and
(C) in paragraph (b)(1) by striking ", without regard to race,
creed, sex, or age".
(c) CLARIFICATION OF POLITICAL ACTIVITIES. -- The second sentence of
clause 6 of rule XLIII of the Rules of the House of Representatives is
amended to read as follows: "A Member shall convert no campaign funds
to personal use in excess of reimbursement for legitimate and verifiable
campaign expenditures and shall expend no funds from his campaign
account not attributable to bona fide campaign or political purposes.".
(d) USE OF OFFICIAL VEHICLES. -- The Committee on House
Administration of the House of Representatives shall take such action as
may be necessary to carry out section 503 "31 USC 1344 note" with
respect to vehicles of the House of Representatives.
(e) USE OF CAMPAIGN VEHICLES. -- "2 USC 29d note" The Committee on
Standards of Official Conduct of the House of Representatives shall
issue an advisory opinion to provide for appropriate conditions for the
incidental noncampaign use of vehicles owned or leased by a campaign
committee of a Member of the House of Representatives.
(f) CONFORMING AMENDMENT. -- Clause 1 of rule XLIV of the Rules of
the House of Representatives is amended by striking "July 1" and by
inserting "August 1" and by striking "May 15" and by inserting "June
15".
(g) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on January 1, 1990.
SEC. 803. REFORMS RESPECTING THE COMMITTEE ON STANDARDS OF OFFICIAL
CONDUCT.
(a) MEMBERSHIP OF COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. --
Clause (6)(a)(2) of rule X of the Rules of the House of Representatives
is amended by inserting at the end the following: "No Member shall
serve as a member of the Committee on Standards of Official Conduct
during more than 3 Congresses in any period of 5 successive Congresses
(disregarding for this purpose any service performed as a member of such
committee for less than a full session in any Congress).".
(b) "2 USC 29d" COMMITTEE COMPOSITION. -- The respective party
caucus or conference of the House of Representatives shall each nominate
to the House of Representatives at the beginning of each Congress 7
members to serve on the Committee on Standards of Official Conduct.
(c) "2 USC 29d" INVESTIGATIVE SUBCOMMITTEES. -- The Committee on
Standards of Official Conduct shall adopt rules providing --
(1) for the establishment of a 4 or 6-member investigative
subcommittee (with equal representation from the majority and
minority parties) whenever the committee votes to undertake any
investigation;
(2) that the senior majority and minority members on an
investigative subcommittee shall serve as the chairman and ranking
minority member of the subcommittee; and
(3) that the chairman and ranking minority member of the full
committee may only serve as non-voting, ex officio members on an
investigative subcommittee.
Clause 5(d) of rule XI of the Rules of the House of Representatives
shall not apply to any investigative subcommittee.
(d) "2 USC 29d" ADJUDICATORY SUBCOMMITTEES. -- The Committee on
Standards of Official Conduct shall adopt rules providing --
((1) that upon the completion of an investigation, an
investigative subcommittee shall report its findings and
recommendations to the committee;
(2) that, if an investigative subcommittee by majority vote of
its membership adopts a statement of alleged violation, the
remaining members of the committee shall comprise an adjudicatory
subcommittee to hold a disciplinary hearing on the violation
alleged in the statement;
(3) that any statement of alleged violation and any written
response thereto shall be made public at the first meeting or
hearing on the matter which is open to the public after the
respondent has been given full opportunity to respond to the
statement in accordance with committee rules, but, if no public
hearing or meeting is held on the matter, the statement of alleged
violation and any written response thereto shall be included in
the committee's final report to the House of Representatives as
required by clause 4(e)(1)(B) of rule X of the Rules of the House
of Representatives;
(4) that a quorum for an adjudicatory subcommittee for the
purpose of taking testimony and conducting any business shall
consist of a majority of the membership of the subcommittee plus
one; and
(5) that an adjudicatory subcommittee shall determine, after
receiving evidence, whether the counts in the statement have been
proved and shall report its findings to the committee.
Clause 5(d) of rule XI of the Rules of the House of Representatives
shall not apply to any adjudicatory subcommittee.
(e) ADMINISTRATIVE ACTIONS. -- Clause 4(e)(1)(A) of rule X of the
Rules of the House of Representatives is amended by inserting after
"House" the second time it appears the following: ", and any letter of
reproval or other administrative action of the committee pursuant to an
investigation under subdivision (B) shall only be issued or implemented
as a part of a report required by such subdivision".
(f) REPORT TO THE HOUSE. -- Clause 4(e)(1)(B) of rule X of the Rules
of the House of Representatives is amended by striking everything after
"hearing" through the semicolon and by inserting the following:
"(unless the right to a hearing is waived by the Member, officer, or
employee), shall report to the House its findings of fact and
recommendations, if any, upon the final disposition of any such
investigation, and such action as the committee may deem appropriate in
the circumstances;".
(g) STATUTE OF LIMITATIONS. -- Clause 4(e)(2)(C) of rule X of the
Rules of the House of Representatives is amended by inserting before the
period the following: "; nor shall any investigation be undertaken by
the committee of any alleged violation which occurred before the third
previous Congress unless the committee determines that the alleged
violation is directly related to any alleged violation which occurred in
a more recent Congress".
(h) RIGHT TO COUNSEL. -- Clause 1 of rule XXXII of the Rules of the
House of Representatives is amended by inserting "and one attorney to
accompany any Member who is the respondent in an investigation
undertaken by the Committee on Standards of Official Conduct when the
recommendation of such committee is under consideration;" after the last
semicolon.
(i) "2 USC 29d" ADVICE AND EDUCATION. --
(1) The Committee on Standards of Official Conduct shall
establish within the committee an Office on Advice and Education
(hereinafter in this subsection referred to as the "Office") under
the supervision of the chairman.
(2) The Office shall be headed by a director who shall be
appointed by the chairman, in consultation with the ranking
minority member, and shall be comprised of such staff as the
chairman determines is necessary to carry out the responsibilities
of the Office.
(3) The primary responsibilities of the Office shall include:
(A) Providing information and guidance to Members, officers and
employees of the House regarding any laws, rules, regulations, and
other standards of conduct applicable to such individuals in their
official capacities, and any interpretations and advisory opinions
of the committee.
(B) Submitting to the chairman and ranking minority member of
the committee any written request from any such Member, officer or
employee for an interpretation of applicable laws, rules,
regulations, or other standards of conduct, together with any
recommendations thereon.
(C) Recommending to the committee for its consideration formal
advisory opinions of general applicability.
(D) Developing and carrying out, subject to the approval of the
chairman, periodic educational briefings for Members, officers and
employees of the House on those laws, rules, regulations, or other
standards of conduct applicable to them.
(4) No information provided to the Committee on Standards of
Official Conduct by a Member, officer or employee of the House of
Representatives when seeking advice regarding prospective conduct
of such Member, officer or employee may be used as the basis for
initiating an investigation under clause 4(e)(1)(B) of rule X of
the Rules of the House of Representatives, if such Member, officer
or employee acts in accordance with the written advice of the
committee.
(j) "2 USC 29d note" EFFECTIVE DATE. -- This section shall take
effect immediately before noon January 3, 1991, except that subsections
(g), (h), and (i) shall take effect on January 1, 1990.
SEC. 804. ELIMINATION OF HONORARIA AND LIMITATIONS ON OUTSIDE EARNED
INCOME AND EMPLOYMENT.
(a) HONORARIA AND OUTSIDE EARNED INCOME. -- Clauses 1 and 2 of rule
XLVII of the Rules of the House of Representatives are amended to read
as follows:
"1. (a)(1) Except as provided by subparagraph (2), in calendar year
1991 or thereafter, a Member or an officer or employee of the House may
not --
"(A) have outside earned income attributable to such calendar
year which exceeds 15 percent of the annual rate of basic pay for
level II of the Executive Schedule under section 5313 of title 5,
United States Code, as of January 1 of such calendar year; or
"(B) receive any honorarium.
"(2) In the case of any individual who becomes a Member or an officer
or employee of the House during calendar year 1991 or thereafter, such
individual may not have outside earned income attributable to the
portion of that calendar year which occurs after such individual becomes
a Member, officer or employee which exceeds 15 percent of the annual
rate of basic pay for level II of the Executive Schedule under section
5313 of title 5, United States Code, as of January 1 of such calendar
year multiplied by a fraction the numerator of which is the number of
days such individual is a Member, officer, or employee during such
calendar year and the denominator of which is 365.
"(3) In calendar year 1991 or thereafter, any payment in lieu of an
honorarium which is made to a charitable organization on behalf of a
Member, officer or employee of the House may not be received by such
individual. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent, sibling,
spouse, child, or dependent relative of such individual derives any
financial benefit.
"(b)(1) Except as provided by subparagraph (2), in calendar year
1990, a Member may not have outside earned income (including honoraria
received in such calendar year) attributable to such calendar year which
exceeds 30 percent of the annual pay as a Member to which the Member was
entitled in 1989.
"(2) In the case of any individual who becomes a Member during
calendar year 1990, such individual may not have outside earned income
(including honoraria) attributable to the portion of that calendar year
which occurs after such individual becomes a Member which exceeds 30
percent of $89,500 multiplied by a fraction the numerator of which is
the number of days such individual is a Member during such calendar year
and the denominator of which is 365.".
(b) LIMITATIONS ON OUTSIDE EMPLOYMENT. -- Rule XLVII of the Rules of
the House of Representatives is amended by inserting after clause 1 the
following new clause:
"2. On or after January 1, 1991, a Member or an officer or employee
of the House shall not --
"(1) affiliate with or be employed by a firm, partnership,
association, corporation, or other entity to provide professional
services which involves a fiduciary relationship for compensation;
"(2) permit that Member's, officer's, or employee's name to be
used by any such firm, partnership, association, corporation, or
other entity;
"(3) practice a profession which involves a fiduciary
relationship for compensation;
"(4) serve for compensation as an officer or member of the
board of any association, corporation, or other entity; or
"(5) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of
Official Conduct.".
(c) DEFINITIONS. -- Clause 3 of rule XLVII is amended --
(1) by redesignating paragraphs (b) through (d) as paragraphs
(c) through (e), respectively, and by inserting after paragraph
(a) the following new paragraph:
"(b)(1) Except as provided by paragraph (2), the term 'officer
or employee of the House' means any individual (other than a
Member) whose pay is disbursed by the Clerk and who is paid at a
rate equal to or greater than the annual rate of basic pay in
effect for grade GS-16 of the General Schedule under section 5332
of title 5, United States Code, and so employed for more than 90
days in a calendar year.
"(2) When used with respect to honoraria, the term 'officer or
employee of the House' means any individual (other than a Member)
whose salary is disbursed by the Clerk.";
(2) by striking paragraphs (c) and (d) (as redesignated) and by
inserting the following:
"(c) The term 'honorarium' means a payment of money or any
thing of value for an appearance, speech or article by a Member or
an officer or employee of the House, excluding any actual and
necessary travel expenses incurred by such individual (and one
relative) to the extent that such expenses are paid or reimbursed
by any other person, and the amount otherwise determined shall be
reduced by the amount of any such expenses to the extent that such
expenses are not paid or reimbursed.
"(d) The term 'travel expenses' means, with respect to a Member
or an officer or employee of the House, or a relative of any such
individual, the cost of transportation, and the cost of lodging
and meals while away from his or her residence or principal place
of employment.".
(3) in paragraph (e) (as redesignated) --
(A) by striking "professional fees, honorariums," and inserting
"fees,";
(B) by striking "(other than copyright royalties)"; and
(C) by striking "and" at the end of subparagraph (3), by
striking the period at the end of subparagraph (4) and inserting
"; and", and by inserting after subparagraph (4) the following:
"(5) copyright royalties received from established publishers
pursuant to usual and customary contractual terms."; and
(4) by inserting at the end the following:
"(f) The term 'charitable organization' means an organization
described in section 170(c) of the Internal Revenue Code of
1986.".
(d) TITLE CHANGE. -- The title of rule XLVII of the Rules of the
House of Representatives is amended to read as follows: "LIMITATIONS ON
OUTSIDE EMPLOYMENT AND EARNED INCOME.".
(e) CONFORMING AMENDMENT. -- Effective January 1, 1991, clause 5 of
rule XLIII of the Rules of the House of Representatives is amended by
striking everything after "activity" and inserting a period.
(f) EFFECTIVE DATE. -- Except as provided by subsection (e), the
amendments made by this section shall take effect on January 1, 1990.
The amendments made by this section shall cease to be effective if the
provisions of section 703 are subsequently repealed, in which case the
rules in effect before the amendments made by this section shall be
deemed to be readopted.
SEC. 805. RESTRICTIONS ON REIMBURSABLE TRAVEL EXPENSES.
(a) RESTRICTIONS. -- The Committee on Standards of Official Conduct
of the House of Representatives shall amend its advisory opinions
relating to the acceptance of necessary travel expenses incurred on or
after January 1, 1990, in connection with speaking engagements and
similar events to --
(1) prohibit the acceptance of such expenses for more than 4
consecutive days in the case of domestic travel and 7 consecutive
days (excluding travel days) in the case of foreign travel; and
(2) permit the acceptance of travel expenses for the spouse or
other family member in connection with any substantial
participation event or fact-finding activity.
(b) EXEMPTION AUTHORITY. -- The Committee on Standards of Official
Conduct of the House of Representatives is authorized to grant prior
written exemptions from the limitations contained in subsection (a)(1)
in exceptional circumstances.
SEC. 806. EXERCISE OF RULEMAKING POWERS.
The provisions of this title are enacted by the Congress as an
exercise of the rulemaking power of the House of Representatives and as
such they shall be considered as part of the rules of the House and
shall supersede other rules only to the extent they are inconsistent
therewith; and with full recognition of the constitutional right of the
House to change such rules (so far as relating to the House) at any
time, in the same manner and to the same extent as in the case of any
other rule of the House.
SEC. 901. "2 USC 31-2" GIFTS AND TRAVEL.
(a) GIFTS. -- (1) No Member, officer, or employee of the Senate, or
the spouse or dependent thereof, shall knowingly accept, directly or
indirectly, any gift or gifts having an aggregate value exceeding $100
during a calendar year directly or indirectly from any person,
organization, or corporation having a direct interest in legislation
before the Congress or from any foreign national unless, in an unusual
case, a waiver is granted by the Select Committee on Ethics.
(2) No Member, officer, or employee of the Senate, or the spouse or
dependent thereof, shall knowingly accept, directly or indirectly, any
gift or gifts having an aggregate value exceeding $300 during a calendar
year from any person, organization, or corporation unless, in an unusual
case, a waiver is granted by the Select Committee on Ethics.
(3) In determining the aggregate value of any gift or gifts accepted
by an individual during a calendar year from any person, organization,
or corporation, there may be deducted the aggregate value of gifts
(other than gifts described in paragraph (5)) given by such individual
to such person, organization, or corporation during that calendar year.
(4) For purposes of this subsection, only the following shall be
deemed to have a direct interest in legislation before the Congress:
(A) a person, organization, or corporation registered under the
Federal Regulation of Lobbying Act of 1946, or any successor
statute, a person who is an officer or director of such a
registered lobbyist, or a person who has been employed or retained
by such a registered lobbyist for the purpose of influencing
legislation before the Congress; or
(B) a corporation, labor organization, or other organization
which maintains a separate segregated fund for political purposes
(within the meaning of section 321 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b)), a person who is an officer
or director of such corporation, labor organization, or other
organization, or a person who has been employed or retained by
such corporation, labor organization, or other organization for
the purpose of influencing legislation before the Congress.
(5) The prohibitions of this subsection do not apply to gifts --
(A) from relatives;
(B) with a value of less than $75;
(C) of personal hospitality of an individual; or
(D) from an individual who is a foreign national if that
individual is not acting; directly or indirectly, on behalf of a
foreign corporation, partnership or business enterprise, a foreign
trade, cultural, educational or other association, a foreign
political party or a foreign government.
(6) For purposes of this subsection --
(A) the term "gift" means a payment, subscription, advance,
forbearance, rendering, or deposit of money, services, or anything
of value, including food, lodging, transportation, or
entertainment, and reimbursement for other than necessary
expenses, unless consideration of equal or greater value is
received, but does not include (1) a political contribution
otherwise reported as required by law, (2) a loan made in a
commercially reasonable manner (including requirements that the
loan be repaid and that a reasonable rate of interest be paid),
(3) a bequest, inheritance, or other transfer at death, (4) a bona
fide award presented in recognition of public service and
available to the general public, (5) a reception at which the
Member, officer, or employee is to be honored, provided such
individual receives no other gifts that exceed the restrictions in
this rule, other than a suitable memento, (6) meals or beverages
consumed or enjoyed, provided the meals or beverages are not
consumed or enjoyed in connection with a gift of overnight
lodging, or (7) anything of value given to a spouse or dependent
of a reporting individual by the employer of such spouse or
dependent in recognition of the service provided by such spouse or
dependent; and
(B) the term "relative" has the same meaning given to such term
in section 107(2) of title I of the Ethics in Government Act of
1978 (Public Law 95-521).
(7) If a Member, officer, or employee, after exercising reasonable
diligence to obtain the information necessary to comply with this rule,
unknowingly accepts a gift described in paragraph (1) such Member,
officer, or employee shall, upon learning of the nature of the gift and
its source, return the gift or, if it is not possible to return the
gift, reimburse the donor for the value of the gift.
(8)(A) Notwithstanding the provisions of this subsection, a Member,
officer, or employee of the Senate may participate in a program, the
principal objective of which is educational, sponsored by a foreign
government or a foreign educational or charitable organization involving
travel to a foreign country paid for by that foreign government or
organization if such participation is not in violation of any law and if
the select Committee on Ethics has determined that participation in such
program by Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
(B) Any Member who accepts an invitation to participate in any such
program shall notify the Select Committee in writing of his acceptance.
A Member shall also notify the Select Committee in writing whenever he
has permitted any officer or employee whom he supervises to participate
in any such program. The chairman of the Select Committee shall place
in the Congressional Record a list of all individuals, participating,
the supervisors of such individuals where applicable; and the nature
and itinerary of such program.
(C) No Member, officer, or employee may accept funds in connection
with participation in a program permitted under subparagraph (A) if such
funds are not used for necessary food, lodging, transportation, and
related expenses of the Member, officer, or employee.
(b) LIMITS ON DOMESTIC AND FOREIGN TRAVEL BY MEMBERS AND STAFF OF THE
SENATE. -- The term "necessary expenses", with respect to limits on
domestic and foreign travel by Members and staff of the Senate, means
reasonable expenses for food, lodging, or transportation which are
incurred by a Member, officer, or employee of the Senate in connection
with services provided to (or participation in an event sponsored by)
the organization which provides reimbursement for such expenses or which
provides the food, lodging, or transportation directly. Necessary
expenses do not include the provision of food, lodging, or
transportation, or the payment for such expenses, for a continuous
period in excess of 3 days (and 2 nights) exclusive of travel time
within the United States or 7 days (and 6 nights) exclusive of travel
time outside of the United States unless such travel is approved by the
Committee on Ethics as necessary for participation in a conference,
seminar, meeting or similar matter. Necessary expenses do not include
the provision of food, lodging, or transportation, or the payment for
such expenses, for anyone accompanying a Member, officer, or employee of
the Senate, other than the spouse of a Member, officer, or employee of
the Senate or one Senate employee acting as an aide to a Member.
SEC. 902. "5 USC app. 111 note" TRANSMITTAL OF FINANCIAL DISCLOSURE
REPORTS.
(a) The Select Committee on Ethics shall transmit a copy of each
report filed with it under title I of the Ethics in Government Act of
1978 (other than a report filed by a Member of Congress) to the head of
the employing office of the individual filing the report.
(b) For purposes of this section, the head of the employing office
shall be --
(A) in the case of an employee of a Member, the Member by whom
that person is employed;
(B) in the case of an employee of a Committee, the chairman and
ranking minority member of such Committee;
(C) in the case of an employee on the leadership staff, the
Member of the leadership on whose staff such person serves; and
(D) in the case of any other employee of the legislative
branch, the head of the office in which such individual serves.
SEC. 903. "2 USC 60-2" AMENDMENT TO SENATE CONFLICT OF INTEREST
RULE.
(a) Except as provided by subsection (b), any employee of the Senate
who is required to file a report pursuant to Senate rules shall refrain
from participating personally and substantially as an employee of the
Senate in any contact with any agency of the executive or judicial
branch of Government with respect to non-legislative matters affecting
any non-governmental person in whichh the employee has a significant
financial interest.
(b) Subsection (a) shall not apply if an employee first advises his
supervisor of his significant financial interest and obtains from such
supervisor a written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be filed with
the Select Committee.
SEC. 1001. "5 USC app. 101 note" RULEMAKING POWER OF THE CONGRESS.
The provisions of this Act that are applicable to Members, officers,
or employees of the legislative branch are enacted by the Congress --
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically apply,
and such rules shall supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either
House to change such rules (so far as relating to such House) at
any time, in the same manner, and to the same extent as in the
case of any other rule of such House.
SEC. 1101. "5 USC 5305 note" ADJUSTMENTS IN RATES OF PAY AND
REDUCTION IN HONORARIUM OF SENATORS.
(a)(1) ADJUSTMENTS IN RATES OF PAY. -- Notwithstanding any other
provision of law (including any provision of this Act or amendment made
by this Act), effective as provided in paragraph (2), the rate of pay of
each office and position of United States Senator, the President pro
tempore of the Senate, and the majority and minority leaders of the
Senate shall be increased by --
(A) the percentage increase that would have taken effect in
fiscal year 1988 if the provisions of section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were
applied to the rate of pay of each such office and position in
effect on January 1, 1988 without regard to section 108 of the
resolution entitled "Joint resolution making further continuing
appropriations for the fiscal year 1988, and for other purposes",
approved December 22, 1987 (101 Stat. 1329-434; 5 U.S.C. 5305
note);
(B) the percentage increase that would have taken effect in
fiscal year 1989 if the provisions of section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were
applied to the rate of pay of each such office and position in
effect on January 1, 1989 (as adjusted under subparagraph (A) of
this paragraph) without regard to subsection (b) of section 620 of
the Treasury, Postal Service and General Government Appropriations
Act, 1989 (Public Law 100-440; 102 Stat. 1756; 5 U.S.C. 5305
note); and
(C) the percentage increase that would take effect in fiscal
year 1990 by the application of section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) (as
adjusted under subparagraphs (A) and (B) of this paragraph)
without regard to subsection (b) of section 619 of the Treasury,
Postal Service and General Government Appropriations Act, 1990
(Public Law 101-136).
(2) The increase in the rates of pay for each office and position
described under paragraph (1) shall be effective on the first day of the
first pay period beginning on or after January 1, 1990.
(b) REDUCTION OF HONORARIUM. -- Section 908(b) of the Supplemental
Appropriations Act, 1983 (2 U.S.C. 31-1) is amended by adding at the end
thereof the following new paragraph:
"(4) Notwithstanding the provisions of this subsection --
"(A) the percentage referred to under paragraphs (1) and (2)
shall be 27 percent as such paragraphs apply to United States
Senators in the calendar year beginning on January 1, 1990;
"(B)(i) beginning on and after January 1, 1991, if the
aggregate salary of a United States Senator is increased pursuant
to section 601(a)(2) of the Legislative Reorganization Act of 1946
(2 U.S.C. 31(2)), section 225 of the Federal Salary Act of 1967 (2
U.S.C. 351 et seq.), or any other provision of law, the percentage
referred to under paragraphs (1) and (2) (with respect to United
States Senators) shall be reduced by a percentage resulting in a
dollar amount decrease in the limit of honorarium for each dollar
amount of increase of such aggregate salary; and
"(ii) beginning on January 1 of the calendar year in which the
adjustments under clause (i) of this subparagraph result in a
limitation of accepting honoraria less than or equal to 1 percent
of the aggregate salary paid to United States Senators for service
as Senators in such calendar year, the acceptance of honoraria
shall be prohibited, and thereafter no Senator shall accept
honoraria.".
(c) "2 USC 31-1 note" SPECIAL RULE. -- Notwithstanding any other
provision of this section, no adjustment in any rate of pay and section
908(b)(4)(A) of the Supplemental Appropriations Act, 1983, as added by
subsection (b) of this section, shall become effective, as a result of
the enactment of this section, before the first applicable pay period
beginning on or after the date as of which the order issued by the
President on October 16, 1989, pursuant to section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 is rescinded.
Approved November 30, 1989.
LEGISLATIVE HISTORY -- H.R. 3660:
CONGRESSIONAL RECORD, Vol. 135 (1989): Nov. 16, considered and
passed House. Nov. 17, considered and passed Senate, amended. House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 1989): Nov.
30, Presidential statement.
Public Law 101-193, 103 Stat. 1701
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 "Intelligence Authorization Act, Fiscal Year 1990".
SEC. 101. Funds are hereby authorized to be appropriated for fiscal
year 1990 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
SEC. 102. The amounts authorized to be appropriated under section
101, and the authorized personnel ceilings as of September 30, 1990, for
the conduct of the intelligence and intelligence-related activities of
the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared by the Committee of
Conference to accompany H.R. 2748 of the One Hundred First Congress.
That Schedule of Authorizations shall be made available to the Committee
on Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
schedule, or of appropriate portions of the schedule, within the
executive branch.
SEC. 103. The Director of Central Intelligence may authorize
employment of civilian personnel in excess of the numbers authorized for
fiscal year 1990 under sections 102 and 202 of this Act when he
determines that such action is necessary to the performance of important
intelligence functions, except that such number may not, for any element
of the intelligence community, exceed 2 percent of the number of
civilian personnel authorized under such sections for such element. The
Director of Central Intelligence shall promptly notify the Permanent
Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate whenever he exercises the
authority granted by this section.
SEC. 104. Funds available to the Central Intelligence Agency, the
Department of Defense, or any other agency or entity of the United
States may be obligated and expended during fiscal year 1990 to provide
funds, materiel, or other assistance to the Nicaraguan democratic
resistance to support military or paramilitary operations in Nicaragua
only as authorized in section 101 and as specified in the classified
Schedule of Authorizations referred to in section 102, or pursuant to
section 502 of the National Security Act of 1947, or pursuant to any
provision of law specifically providing such funds, materiel, or
assistance.
SEC. 201. There is authorized to be appropriated for the
Intelligence Community Staff for fiscal year 1990 the sum of
$26,900,000.
SEC. 202. (a) The Intelligence Community Staff is authorized 240
full-time personnel as of September 30, 1990. Such personnel of the
Intelligence Community Staff may be permanent employees of the
Intelligence Community Staff or personnel detailed from other elements
of the United States Government.
(b) During fiscal year 1990, personnel of the Intelligence Community
Staff shall be selected so as to provide appropriate representation from
elements of the United States Government engaged in intelligence and
intelligence-related activities.
(c) During fiscal year 1990, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the
Intelligence Community Staff from another element of the United States
Government shall be detailed on a reimbursable basis, except that any
such officer, employee, or member may be detailed on a nonreimbursable
basis for a period of less than one year for the performance of
temporary functions as required by the Director of Central Intelligence.
SEC. 203. During fiscal year 1990, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of the
National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same
manner as activities and personnel of the Central Intelligence Agency.
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year 1990
the sum of $154,900,000.
SEC. 302. The Central Intelligence Agency Retirement Act of 1964 for
Certain Employees is amended --
(1) by redesignating section 236 as section 237; "50 USC 403
note" and
(2) by inserting after section 235 the following new section:
"SEC. 236. A participant must complete, within the last two years
before any separation from service, except a separation because of death
or disability, at least one year of creditable civilian service during
which he or she is subject to this title before he or she or his or her
survivors are eligible for an annuity under this title based on the
separation. If a participant, except a participant separated from the
service because of death or disability, fails to meet the service
requirement of the preceding sentence, the amounts deducted from his or
her pay during the period for which no eligibility is established based
on the separation shall be returned to him or her on the separation.
Failure to meet this service requirement does not deprive the individual
or his or her survivors of annuity rights which attached on a previous
separation.".
SEC. 303. Section 232(b) "50 USC 403 note" of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees is
amended --
(1) by adding at the end of paragraph (1) thereof the following
new sentence: "Payment of death-in-service benefits for former
spouses is also subject to paragraph (4) of this subsection.";
and
(2) by adding after paragraph (3) thereof the following:
"(4) If a former spouse eligible for death-in-service benefits under
provisions of this section is or becomes eligible for survivor benefits
under section 224, the benefits provided under this section will not be
payable and will be superseded by the benefits provided in section
224.".
SEC. 304. (a) Section 224(a)(2) of the Central Intelligence Agency
Retirement Act of 1964 "50 USC 403 note" for Certain Employees is
amended by striking out "and also by an amount" and all that follows
through "by the United States".
(b) The amendment made by this section "50 USC 403 note" shall be
effective as of October 1, 1986.
SEC. 305. The Central Intelligence Agency Act of 1949 (50 U.S.C.
403a et seq.) is amended by adding at the end the following new section:
"SEC. 18. "50 USC 403r" (a) Notwithstanding any provision of chapter
83 of title 5, United States Code, the annuity under subchapter III of
such chapter of an officer or employee of the Central Intelligence
Agency who retires on or after October 1, 1989, is not designated under
section 203 of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, and has served abroad as an officer or employee
of the Agency on or after January 1, 1987, shall be computed as provided
in subsection (b).
"(b)(1) The portion of the annuity relating to such service abroad
that is actually performed at any time during the officer's or
employee's first ten years of total service shall be computed at the
rate and using the percent of average pay specified in section
8339(a)(3) of title 5, United States Code, that is normally applicable
only to so much of an employee's total service as exceeds ten years.
"(2) The portion of the annuity relating to service abroad as
described in subsection (a) but that is actually performed at any time
after the officer's or employee's first ten years of total service shall
be computed as provided in section 8339(a)(3) of title 5, United States
Code; but, in addition, the officer or employee shall be deemed for
annuity computation purposes to have actually performed an equivalent
period of service abroad during his or her first ten years of total
service, and in calculating the portion of the officer's or employee's
annuity for his or her first ten years of total service, the computation
rate and percent of average pay specified in paragraph (1) shall also be
applied to the period of such deemed or equivalent service abroad.
"(3) The portion of the annuity relating to other service by an
officer or employee as described in subsection (a) shall be computed as
provided in the provisions of section 8339(a) of title 5, United States
Code, that would otherwise be applicable to such service.
"(4) For purposes of this subsection, the term 'total service' has
the meaning given such term under chapter 83 of title 5, United States
Code.
"(c) For purposes of subsections (f) through (m) of section 8339 of
title 5, United States Code, an annuity computed under this section
shall be deemed to be an annuity computed under subsections (a) and (o)
of section 8339 of title 5, United States Code.
"(d) The provisions of subsection (a) of this section shall not apply
to an officer or employee of the Central Intelligence Agency who would
otherwise be entitled to a greater annuity computed under an otherwise
applicable subsection of section 8339 of title 5, United States Code.".
SEC. 306. "50 USC 403r-l" The special accrual rates provided by
section 303 of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees and by section 18 of the Central Intelligence
Agency Act of 1949 for computation of the annuity of an individual who
has served abroad as an officer or employee of the Central Intelligence
Agency shall be used to compute that portion of the annuity of such
individual relating to such service abroad whether or not the individual
is employed by the Central Intelligence Agency at the time of retirement
from Federal service.
SEC. 307. (a) The Central Intelligence Agency Act of 1949, as
amended (50 U.S.C. 403a et seq.), is amended by adding after section 18
the following new section:
"SEC. 19. "50 USC 403s" (a) Notwithstanding any other provision of
law, an officer or employee of the Central Intelligence Agency subject
to retirement system coverage under subchapter III of chapter 83 of
title 5, United States Code, who --
"(i) has five years of civilian service credit toward
retirement under such subchapter III of chapter 83, title 5,
United States Code;
"(ii) has not been designated under section 203 of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees,
as amended (50 U.S.C. 403 note), as a participant in the Central
Intelligence Agency Retirement and Disability System;
"(iii) has become disabled during a period of assignment to the
performance of duties that are qualifying toward such designation
under section 203; and
"(iv) satisfies the requirements for disability retirement
under section 8337 of title 5, United States Code --
shall, upon his own application or upon order of the Director, be
retired on an annuity computed in accordance with the rules prescribed
in such section 231, in lieu of an annuity computed as provided by
section 8337 of title 5, United States Code.
"(b) Notwithstanding any other provision of law, in the case of an
officer or employee of the Central Intelligence Agency subject to
retirement system coverage under subchapter III of chapter 83, title 5,
United States Code, who --
"(i) has at least eighteen months of civilian service credit
toward retirement under such subchapter III of chapter 83, title
5, United States Code;
"(ii) has not been designated under section 203 of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees,
as amended (50 U.S.C. 403 note), as a participant in the Central
Intelligence Agency Retirement and Disability System;
"(iii) prior to separation or retirement from the Agency, dies
during a period of assignment to the performance of duties that
are qualifying toward such designation under such section 203;
and
"(iv) is survived by a widow or widower, former spouse, and/or
a child or children as defined in section 204 and section 232 of
the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, who would otherwise be entitled to an annuity under
section 8341 of title 5, United States Code --
such widow or widower, former spouse, and/or child or children of such
officer or employee shall be entitled to an annuity computed in
accordance with such section 232, in lieu of an annuity computed in
accordance with section 8341 of title 5, United States Code.
"(c) Notwithstanding any other provision of law, an officer or
employee of the Central Intelligence Agency subject to retirement system
coverage under chapter 84 of title 5, United States Code, who --
"(i) has completed at least eighteen months of civilian service
creditable under section 8411 of title 5, United States Code;
"(ii) has not been designated pursuant to section 302(a) of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note);
"(iii) has become disabled during a period of assignment to the
performance of duties that are qualifying toward such designation
pursuant to such section; and
"(iv) satisfies the requirements for disability retirement
under subchapter V of chapter 84, title 5, United States Code --
shall, on the officer's or employee's own application or an application
by the Director, be retired on an annuity computed as if the officer or
employee, prior to becoming disabled, had been designated pursuant to
section 302(a) of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended (50 U.S.C. 403 note), in lieu of the
annuity amount that would otherwise be computed under subchapter V of
chapter 84 of title 5, United States Code.
"(d) Notwithstanding any other provision of law, in the case of an
officer or employee of the Central Intelligence Agency subject to
retirement system coverage under chapter 84 of title 5, United States
Code, who --
"(i) has at least eighteen months of civilian service
creditable under section 8411 of title 5, United States Code;
"(ii) has not been designated pursuant to section 302(a) of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note);
"(iii) prior to separation or retirement from the Agency, dies
during a period of assignment to the performance of duties that
are qualifying toward such designation pursuant to such section;
and
"(iv) is survived by a widow or widower, former spouse, and/or
child or children as defined in section 8441 of title 5, United
States Code, who would be entitled to a lump-sum survivor benefit,
a survivor annuity and/or if applicable, a supplementary annuity,
under subchapter IV of chapter 84, title 5, United States Code --
the survivor benefit or benefits of such widow or widower, former
spouse, and/or child or children shall be computed as if the officer or
employee, prior to death, had been designated pursuant to section 302(a)
of the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (50 U.S.C. 403 note), in lieu of the benefit
amount or amounts that would otherwise be computed pursuant to
subchapter IV of chapter 84, title 5, United States Code.
"(e)(1) The annuities provided under subsections (a) and (b) of this
section shall be deemed to be annuities under chapter 83 of title 5,
United States Code, for purposes of the other provisions of such chapter
and other laws (including the Internal Revenue Code of 1986) relating to
such annuities, and shall be payable from the Central Intelligence
Agency Retirement and Disability Fund established by section 202 of the
Central Intelligence Agency Retirement Act of 1964 for Certain
Employees.
"(2) The annuities and/or other benefits provided under subsections
(c) and (d) of this section shall be deemed to be annuities and/or
benefits under chapter 84 of title 5, United States Code, for purposes
of the other provisions of such chapter and other laws (including the
Internal Revenue Code of 1986) relating to such annuities and/or
benefits, but shall be payable from the Central Intelligence Agency
Retirement and Disability Fund established by section 202 of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees.".
(b) The Central Intelligence Agency Retirement Act of 1964 for
Certain Employees is amended by adding at the end of title II the
following new section:
"SEC. 295. "50 USC 403 note" Notwithstanding any other provision of
law, the amount of the increase in any annuity that results from the
application of section 18 of the Central Intelligence Agency Act of
1949, if and when such increase is based on an individual's overseas
service as an employee of the Central Intelligence Agency, shall be paid
from the fund.".
SEC. 401. In the performance of its functions, the Central
Intelligence Agency may use its funds to procure commercial remote
sensing data by whatever means the Agency deems to be appropriate
notwithstanding any provision of law directing the procurement of such
data through other Government agencies.
SEC. 501. (a)(1) Chapter 81 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
"Section 1592. Foreign language proficiency: special pay
"(a) The Secretary of Defense may pay special pay under this section
to a civilian officer or employee of the Department of Defense who --
"(1) has been certified as being proficient in a foreign
language identified by the Secretary of Defense as being a
language in which proficiency by civilian personnel of the
Department is important for the effective collection, production,
or dissemination of foreign intelligence information; and
"(2) is serving in a position, or is subject to assignment to a
position, in which proficiency in that language facilitates
performance of officially assigned intelligence or
intelligence-related duties.
"(b) The annual rate of special pay under subsection (a) shall be
determined by the Secretary of Defense.
"(c) Special pay under this section may be paid in addition to any
compensation authorized under section 1604(b) of this title for which an
officer or employee is eligible.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following new item:
"1592. Foreign language proficiency: special pay.".
(b) Section 1592 of title 10, "50 USC 1592 note" United States Code,
as added by subsection (a), shall take effect on the first day of the
first pay period beginning on or after the later of --
(1) October 1, 1989, or
(2) the date of the enactment of this Act.
SEC. 502. (a) Chapter 155 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
"Section 2607. Acceptance of gifts for the Defense Intelligence
College
"(a) The Secretary of Defense may accept, hold, administer, and use
any gift (including any gift of an interest in real property) made for
the purpose of aiding and facilitating the work of the Defense
Intelligence College and may pay all necessary expenses in connection
with the acceptance of such a gift.
"(b) Money, and proceeds from the sale of property, received as a
gift under subsection (a) shall be deposited in the Treasury and shall
be available for disbursement upon the order of the Secretary of Defense
to the extent provided in annual appropriation Acts.
"(c) Subsection (c) of section 2601 of this title applies to property
that is accepted under subsection (a) in the same manner that such
subsection applies to property that is accepted under subsection (a) of
that section.
"(d) In this section, the term 'gift' includes a bequest of personal
property or a devise of real property.".
(b) The table of sections at the beginning of that chapter is amended
by adding at the end thereof the following new item:
"2607. Acceptance of gifts for the Defense Intelligence College.".
SEC. 503. (a) Section 1590(e)(1) of title 10, United States Code, is
amended by striking out ", during fiscal years 1988 and 1989,".
(b) Section 1604(e)(1) of such title is amended by striking out ",
during fiscal years 1988 and 1989,".
SEC. 504. (a) During fiscal year 1990, the Secretary of Defense may
pay a death gratuity identical to that payable under section 1489(b) of
title 10, United States Code, to the surviving dependents of a member of
the Armed Forces who, while serving on active duty assigned to a Defense
attache office outside the United States, died as a result of hostile or
terrorist activities.
(b) The death gratuity referred to in subsection (a) may be paid with
respect to an individual who died on or after June 15, 1988.
(c) The Secretary of Defense shall submit to Congress no later than
March 1, 1990, a report concerning the advisability of permanent law
permitting the payment of death gratuities to the survivors of any
member of the armed services who, while on active duty assigned to a
Defense attache office outside the United States, dies as a result of
hostile or terrorist activities.
SEC. 505. (a) Section 1605(a) of title 10, United States Code, is
amended --
(1) by striking out "who are subject to chapter 84 of title 5,"
in the last sentence; and
(2) by striking out the period at the end and inserting in lieu
thereof "and in section 18 of the Central Intelligence Agency Act
of 1949.".
(b) Section 9(b) of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended --
(1) in paragraph (1)(B), by striking "(including special" and
all that follows through "note)); and" and inserting in lieu
thereof a semicolon;
(2) by striking the period at the end of paragraph (2) and
inserting in lieu thereof "; and"; and
(3) by adding at the end the following new paragraph:
"(3) special retirement accrual in the same manner provided in
section 303 of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (50 U.S.C. 403 note) and in section 18
of the Central Intelligence Agency Act of 1949.".
SEC. 506. (a) For purposes of section 319(c) of the Immigration and
Nationality Act (8 U.S.C. 1430(c)), "8 USC 1430 note" the United States
Army Russian Institute, located in Garmisch, Federal Republic of
Germany, shall be considered to be an organization described in clause
(1) of this section.
(b) Subsection (a) shall apply with respect to periods of employment
before, on, or after the date of the enactment of this Act.
(c) No more than two persons per year may be naturalized based on the
provisions of subsection (a).
(d) Each instance of naturalization based on the provisions of
subsection (a) shall be reported to the Committees on the Judiciary of
the Senate and House of Representatives and to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives prior to such
naturalization.
SEC. 507. (a)(1) Chapter 83 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
"Section 1608. Financial assistance to certain employees in
acquisition of critical skills
"(a) The Secretary of Defense shall establish an undergraduate
training program with respect to civilian employees of the Defense
Intelligence Agency that is similar in purpose, conditions, content, and
administration to the program which the Secretary of Defense is
authorized to establish under section 16 of the National Security Agency
Act of 1959 (50 U.S.C. 402 note) for civilian employees of the National
Security Agency.
"(b) Any payments made by the Secretary to carry out the program
required to be established by subsection (a) may be made in any fiscal
year only to the extent that appropriated funds are available for that
purpose.".
(2) The table of sections at the beginning of that chapter is amended
by adding at the end thereof the following new item:
"1608. Financial assistance to certain employees in acquisition of
critical skills.".
(b) Section 1608 of title 10, "10 USC 1608 note" United States Code,
as added by subsection (a), shall take effect on the date of enactment
of this Act.
SEC. 601. (a) Section 601(a)(2) of the Intelligence Authorization
Act, Fiscal Year 1989 "102 Stat. 1911" is amended by striking out "who
are subject by policy and practice to directed geographical transfer or
reassignment".
(b) The amendment made by subsection (a) shall take effect on October
1, 1989.
(c) In preparing for submission to the Congress the Budget of the
United States for Fiscal Year 1991, the President shall take into
account and, to the greatest extent possible, incorporate into such
budget the recommendations of the National Advisory Commission on Law
Enforcement as established by section 6160 of the Anti-Drug Abuse Act of
1988.
SEC. 602. It is the sense of the Congress that the ceiling on
permanent positions at the United States Mission to the Soviet Union and
the Soviet Mission to the United States should not be increased unless
--
(a) the President determines that such increase is essential to
the effective functioning of the United States Mission to the
Soviet Union; and
(b) the FBI is provided sufficient additional resources to
fulfill its responsibilities resulting from the increased number
of permanent positions at the Soviet Mission to the United States.
SEC. 603. "28 USC 533 note" Subject to the authority of the Attorney
General, the FBI shall supervise the conduct of all investigations of
violations of the espionage laws of the United States by persons
employed by or assigned to United States diplomatic missions abroad.
All departments and agencies shall report immediately to the FBI any
information concerning such a violation. All departments and agencies
shall provide appropriate assistance to the FBI in the conduct of such
investigations. Nothing in this provision shall be construed as
establishing a defense to any criminal, civil, or administrative action.
SEC. 701. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 702. The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or laws
of the United States.
SEC. 703. Not later than April 1, 1990, the President shall submit
to Congress a report describing how intelligence activities relating to
narcotics trafficking can be integrated, including coordinating the
collection and analysis of intelligence information, ensuring the
dissemination of relevant intelligence information to officials with
responsibility for narcotics policy and to agencies of the United States
Government responsible for interdiction, eradication, law enforcement,
and other counternarcotics activities, and coordinating and controlling
all counternarcotics intelligence activities.
SEC. 801. Section 17 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q) is amended to read as follows:
"SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.
"(a) PURPOSE; ESTABLISHMENT. -- In order to --
"(1) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct independently
inspections, investigations, and audits relating to programs and
operations of the Agency;
"(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect fraud
and abuse in such programs and operations;
"(3) provide a means for keeping the Director fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations, and the necessity
for and the progress of corrective actions; and
"(4) in the manner prescribed by this section, ensure that the
Senate Select Committee on Intelligence and the House Permanent
Select Committee on Intelligence (hereafter in this section
referred to collectively as the 'intelligence committees') are
kept similarly informed of significant problems and deficiencies
as well as the necessity for and the progress of corrective
actions,
there is hereby established in the Agency an Office of Inspector General
(hereafter in this section referred to as the 'Office').
"(b) APPOINTMENT; SUPERVISION; REMOVAL. -- (1) There shall be at
the head of the Office an Inspector General who shall be appointed by
the President, by and with the advice and consent of the Senate. This
appointment shall be made without regard to political affiliation and
shall be solely on the basis of integrity, compliance with the security
standards of the Agency, and prior experience in the field of foreign
intelligence. Such appointment shall also be made on the basis of
demonstrated ability in accounting, financial analysis, law, management
analysis, or public administration.
"(2) The Inspector General shall report directly to and be under the
general supervision of the Director.
"(3) The Director may prohibit the Inspector General from initiating,
carrying out, or completing any audit, inspection, or investigation if
the Director determines that such prohibition is necessary to protect
vital national security interests of the United States.
"(4) If the Director exercises any power under paragraph (3), he
shall submit an appropriately classified statement of the reasons for
the exercise of such power within seven days to the intelligence
committees. The Director shall advise the Inspector General at the time
such report is submitted, and, to the extent consistent with the
protection of intelligence sources and methods, provide the Inspector
General with a copy of any such report. In such cases, the Inspector
General may submit such comments to the intelligence committees that he
considers appropriate.
"(5) In accordance with section 535 of title 28, United States Code,
the Director shall report to the Attorney General any information,
allegation, or complaint received from the Inspector General, relating
to violations of Federal criminal law involving any officer or employee
of the Agency, consistent with such guidelines as may be issued by the
Attorney General pursuant to subsection (b)(2) of such section. A copy
of all such reports shall be furnished to the Inspector General.
"(6) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the intelligence committees the reasons for any such removal.
"(c) DUTIES AND RESPONSIBILITIES. -- It shall be the duty and
responsibility of the Inspector General appointed under this section --
"(1) to provide policy direction for, and to conduct,
supervise, and coordinate independently, the inspections,
investigations, and audits relating to the programs and operations
of the Agency to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
"(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and other
serious problems, abuses and deficiencies that may occur in such
programs and operations, and to report the progress made in
implementing corrective action;
"(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Office, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence sources and
methods described in such reports; and
"(4) in the execution of his responsibilities, to comply with
generally accepted government auditing standards.
"(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF SERIOUS OR FLAGRANT
PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS. -- (1) The Inspector General
shall, not later than June 30 and December 31 of each year, prepare and
submit to the Director of Central Intelligence a classified semiannual
report summarizing the activities of the Office during the immediately
preceding six-month period. Within thirty days, the Director shall
transmit such reports to the intelligence committees with any comments
he may deem appropriate. Such reports shall, at a minimum, include a
list of the title or subject of each inspection, investigation, or audit
conducted during the reporting period and --
"(A) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the Agency identified by the Office during the
reporting period;
"(B) a description of the recommendations for corrective action
made by the Office during the reporting period with respect to
significant problems, abuses, or deficiencies identified in
subparagraph (A);
"(C) a statement of whether corrective action has been
completed on each significant recommendation described in previous
semiannual reports, and, in a case where corrective action has
been completed, a description of such corrective action;
"(D) a certification that the Inspector General has had full
and direct access to all information relevant to the performance
of his functions;
"(E) a description of all cases occurring during the reporting
period where the Inspector General could not obtain documentary
evidence relevant to any inspection, audit, or investigation due
to his lack of authority to subpoena such information; and
"(F) such recommendations as the Inspector General may wish to
make concerning legislation to promote economy and efficiency in
the administration of programs and operations undertaken by the
Agency, and to detect and eliminate fraud and abuse in such
programs and operations.
"(2) The Inspector General shall report immediately to the Director
whenever he becomes aware of particularly serious or flagrant problems,
abuses, or deficiencies relating to the administration of programs or
operations. The Director shall transmit such report to the intelligence
committees within seven calendar days, together with any comments he
considers appropriate.
"(3) In the event that --
"(A) the Inspector General is unable to resolve any differences
with the Director affecting the execution of the Inspector
General's duties or responsibilities;
"(B) an investigation, inspection, or audit carried out by the
Inspector General should focus upon the Director or Acting
Director; or
"(C) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, the Inspector
General shall immediately report such matter to the intelligence
committees.
"(4) Pursuant to Title V of the National Security Act of 1947, the
Director shall submit to the intelligence committees any report of an
inspection, investigation, or audit conducted by the office which has
been requested by the Chairman or Ranking Minority Member of either
committee.
"(e) AUTHORITIES OF THE INSPECTOR GENERAL. -- (1) The Inspector
General shall have direct and prompt access to the Director when
necessary for any purpose pertaining to the performance of his duties.
"(2) The Inspector General shall have access to any employee or any
employee of a contractor of the Agency whose testimony is needed for the
performance of his duties. In addition, he shall have direct access to
all records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of any
employee or contractor to cooperate with the Inspector General shall be
grounds for appropriate administrative actions by the Director, to
include loss of employment or the termination of an existing contractual
relationship.
"(3) The Inspector General is authorized to receive and investigate
complaints or information from an employee of the Agency concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of authority,
or a substantial and specific danger to the public health and safety.
Once such complaint or information has been received --
"(A) the Inspector General shall not disclose the identity of
the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is unavoidable
during the course of the investigation; and
"(B) no action constituting a reprisal, or threat of reprisal,
for making such complaint may be taken by any employee of the
Agency in a position to take such actions, unless the complaint
was made or the information was disclosed with the knowledge that
it was false or with willful disregard for its truth or falsity.
"(4) The Inspector General shall have authority to administer to or
take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of his duties, which oath, affirmation, or
affidavit when administered or taken by or before an employee of the
Office designated by the Inspector General shall have the same force and
effect as if administered or taken by or before an officer having a
seal.
"(5) The Inspector General shall be provided with appropriate and
adequate office space at central and field office locations, together
with such equipment, office supplies, maintenance services, and
communications facilities and services as may be necessary for the
operation of such offices.
"(6) Subject to applicable law and the policies of the Director, the
Inspector General shall select, appoint and employ such officers and
employees as may be necessary to carry out his functions. In making
such selections, the Inspector General shall ensure that such officers
and employees have the requisite training and experience to enable him
to carry out his duties effectively. In this regard, it is the sense of
Congress that the Inspector General should create within his
organization a career cadre of sufficient size to provide appropriate
continuity and objectivity needed for the effective performance of his
duties.
"(7) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out his duties and responsibilities from any Federal
agency. Upon request of the Inspector General for such information or
assistance, the head of the Federal agency involved shall, insofar as is
practicable and not in contravention of any existing statutory
restriction or regulation of the Federal agency concerned, furnish to
the Inspector General, or to an authorized designee, such information or
assistance.
"(f) SEPARATE BUDGET ACCOUNT. -- Beginning with fiscal year 1991,
and in accordance with procedures to be issued by the Director of
Central Intelligence in consultation with the intelligence committees,
the Director of Central Intelligence shall include in the National
Foreign Intelligence Program budget a separate account for the Office of
Inspector General established pursuant to this section.
"(g) TRANSFER. -- There shall be transferred to the Office the
office of the Agency referred to as the 'Office of Inspector General.'
The personnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, or available to such
'Office of Inspector General' are hereby transferred to the Office
established pursuant to this section.".
Approved November 30, 1989.
LEGISLATIVE HISTORY -- H.R. 2748 (S. 1324):
HOUSE REPORTS: No. 101-215, Pt. 1 (Permanent Select Comm. on
Intelligence) and Pt. 2 (Comm. on Armed Services); and No. 101-367
(Comm. of Conference).
SENATE REPORTS: No. 101-78 and No. 101-174 (Select Comm. on
Intelligence) and No. 101-151 (Comm. on Armed Services), all
accompanying S. 1324.
CONGRESSIONAL RECORD, Vol. 135 (1989): Oct. 12, considered and
passed House. Nov. 7, considered and passed Senate, amended. Nov. 17,
House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): Nov.
30, Presidential statement.
Public Law 101-192, 103 Stat. 1700
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 192b-10" BOUNDARY ADJUSTMENT.
(a) ACQUISITION AND BOUNDARY CHANGE. -- The Secretary of the
Interior (hereinafter referred to as the "Secretary") is authorized to
acquire, by donation, purchase with donated or appropriated funds, or by
exchange, lands or interests therein within the area generally depicted
as "Proposed Park Additions" on the map entitled "Proposed Park
Additions, Rocky Mountain National Park", numbered 121-80, 106-A and
dated May, 1989, which map shall be on file and available for public
inspection in the Office of the National Park Service, Department of the
Interior. Upon acquisition of such lands, the Secretary shall revise
the boundary of Rocky Mountain National Park to include such lands
within the park boundary and shall administer such lands as part of the
park subject to the laws and regulations applicable thereto.
(b) BOUNDARY ADJUSTMENT FOR ROOSEVELT NATIONAL FOREST. -- Upon
acquisition of such lands by the Secretary, the Secretary of Agriculture
shall revise the boundary of the Roosevelt National Forest to exclude
such lands from the national forest boundary.
(c) AGREEMENT. -- The Secretary is authorized to enter into an
agreement with the owner of the lands identified as Tract 1127 and
1127B4, Section 23, Township 3 North, Range 73, Boulder County,
Colorado, within the boundaries of Rocky Mountain National Park, to
ensure the right of use as a single family residence, unless said
property is being developed or is officially proposed to be developed by
the owners in a manner which would substantially change its use.
Approved November 29, 1989.
LEGISLATIVE HISTORY -- S. 737 (H.R. 1606):
HOUSE REPORTS: No. 101-252, accompanying H.R. 1606 (Comm. on
Interior and Insular Affairs).
SENATE REPORTS: No. 101-74 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): Sept. 15, considered and
passed Senate. Sept. 25, H.R. 1606 considered and passed House;
proceedings vacated and S. 737, amended, passed in lieu. Nov. 15,
Senate concurred in House amendments with an amendment. Nov. 17, House
concurred in Senate amendment.
Public Law 101-191, 103 Stat. 1697
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 1244 note" FINDINGS AND PURPOSES.
(a) FINDINGS. -- The Congress finds that --
(1) the nineteenth century American westward movement was an
important cultural event in shaping the postcolonial history of
the United States;
(2) the nineteenth century American westward movement consisted
of journeys along a system of trails across the American continent
by pioneers, explorers, religious groups, and scientists; and
(3) additional recognition and interpretation is appropriate in
light of the national scope of the nineteenth century American
westward movement.
(b) PURPOSES. -- The purposes of this Act are --
(1) to recognize the system of western trails established in
furtherance of the National Trails System Act because of their
national historic and cultural significance; and
(2) to provide the public with an interpretive facility devoted
to the vital role of the western trails in the development of the
United States.
SEC. 2. "16 USC 1244 note" AUTHORIZATION FOR THE DEVELOPMENT OF A
TRAILS INTERPRETATION CENTER.
(a) AUTHORIZATION. -- In furtherance of the purposes of section 7(c)
of the National Trails System Act (16 U.S.C. 1246(c)), the Secretary of
the Interior (hereinafter referred to as the "Secretary") is authorized
to provide for a trails interpretation center (hereinafter referred to
as the "center") in the city of Council Bluffs, Iowa, for the purpose of
interpreting the history of development and use in the State of Iowa and
the adjacent region of the Lewis and Clark National Historic Trail, the
Mormon Pioneer National Historic Trail, and the Oregon National Historic
Trail.
(b) PLAN AND DESIGN. -- (1) Within 18 months after the date of the
enactment of this Act, the Secretary, after consultation with the
Governor of Iowa and in cooperation with such other public, municipal,
and private entities as may be necessary and appropriate, shall complete
a plan and design for the center, including the following:
(A) a detailed description of the design of the facility;
(B) a description of the site;
(C) the method of acquisition;
(D) the estimated cost of acquisition, construction, operation
and maintenance; and
(E) the manner and extent to which non-Federal entities shall
participate in the acquisition, construction, operation, and
maintenance of the center.
(2) In the development of the plan and design for the center the
Secretary shall take into consideration the report and plans prepared by
The Western Historic Trails, Inc., and shall provide an opportunity for
public comment.
(3) Upon completion, the Secretary shall submit the plan to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate.
(c) IMPLEMENTATION. -- In order to implement the plan and design
under subsection (b) of this section, the Secretary is authorized to
acquire lands and interests in lands by donation, purchase with donated
or appropriated funds, or exchange, for the construction of the center
authorized in subsection (a). Federal funds to carry out this section
may only be expended on a two-for-one matching basis with non-Federal
funds, services, materials, or lands, fairly valued as determined by the
Secretary, or any combination thereof.
(d) AGREEMENT FOR THE OPERATION AND MAINTENANCE OF CENTER. -- Before
undertaking the construction of the center, the Secretary shall enter
into a binding agreement with a qualified non-Federal entity for
conveyance by deed or lease from the Secretary of any structure or
property acquired and developed as provided for by this Act. Any such
agreement shall provide that --
(1) the non-Federal entity agree to operate and maintain the
center and make no major alteration of the structure or grounds
without the express written authorization of the Secretary;
(2) a plan of operations shall be submitted that is
satisfactory to the Secretary;
(3) the Secretary shall have access to documents relating to
the operation and maintenance of the center;
(4) the Secretary shall have the right of access to the center;
and
(5) the United States shall be held harmless from all events
arising from the operation and maintenance of the center.
(e) COOPERATIVE AGREEMENTS FOR TECHNICAL ASSISTANCE. -- The
Secretary may enter into cooperative agreements with the State of Iowa,
the city of Council Bluffs, and other public or private entities to
provide technical assistance with respect to the center.
(f) SATISFACTION OF ECONOMIC DEVELOPMENT ADMINISTRATION RESTRICTIONS.
-- Any restrictions, covenants, reversions, limitations, or any other
conditions imposed by the Economic Development Administration relating
to or affecting the use, transfer, or other disposition of any land
which is conveyed to the Secretary for the purpose of developing the
center under this section shall be extinguished upon the acceptance of
such donation by the Secretary.
SEC. 3. "16 USC 1244 note" AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated not more than $8,400,000 to
carry out this Act.
Approved November 29, 1989.
LEGISLATIVE HISTORY -- S. 338 (H.R. 952):
HOUSE REPORTS: No. 101-146 accompanying H.R. 952 (Comm. on Interior
and Insular Affairs).
SENATE REPORTS: No. 101-62 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): July 14, considered and
passed Senate. July 17, H.R. 952 considered and passed House. Nov. 17,
S. 338 consider and passed House, amended. Senate concurred in House
amendment.
Public Law 101-190, 103 Stat. 1691
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "42 USC 289e note" AUTHORITY FOR CONTRACT FOR
CONSTRUCTION OF BIOMEDICAL RESEARCH FACILITIES.
(a) IN GENERAL. -- Of the aggregate amounts appropriated for fiscal
years 1990 and 1991 to carry out the purposes of title IV of the Public
Health Service Act through the National Institutes of Health, the
Secretary of Health and Human Services, acting through the Director of
the National Institutes of Health, may reserve not more than $25,000,000
for entering into a contract with a public or nonprofit private entity
for constructing facilities for the purpose of the development and
breeding of specialized strains of mice (including inbred and mutant
mice) for use in biomedical research.
(b) COMPETITIVE AWARD PROCESS. -- The contract under subsection (a)
may be awarded only on a competitive basis after review in accordance
with section 4(a).
SEC. 2. "42 USC 289e note" TWENTY-YEAR OBLIGATION WITH RESPECT TO
BREEDING OF SPECIALIZED MICE FOR BIOMEDICAL RESEARCH.
(a) IN GENERAL. -- The Secretary may not enter into a contract under
section 1 unless, subject to subsection (b), the applicant for the
contract agrees that --
(1) throughout the 20-year period beginning 90-days after the
date of the completion of the construction of facilities pursuant
to the contract, the facilities will be utilized only for the
purpose described in section 1(a);
(2) during such period, the applicant will, to the extent
practicable, develop and breed such mice in numbers sufficient to
assist in meeting the need for such mice in biomedical research
conducted or supported by the Secretary; and
(3) during such period, the applicant will, upon the request of
the Secretary, sell such mice to the Secretary for purposes of
such research at a price reasonably related to the cost of the
production of the mice.
(b) TRANSFER OF OBLIGATION. --
(1) IN GENERAL. -- With respect to the obligation under
subsection (a), the contractor under section 1 (and any transferee
or purchaser under this subsection) may --
(A) transfer the obligation to a public or nonprofit private
entity if the proposed transferee has entered into a contract with
the Secretary to assume the obligation; and
(B) convey its interest in the facilities involved if the
proposed purchaser of the interest is a public or nonprofit entity
that has entered into a contract with the Secretary to assume the
obligation.
(2) TRANSFER PRIOR TO COMPLETION OF CONSTRUCTION. -- If, for
purposes of paragraph (1), a transfer or conveyance is proposed to
be made before the completion of the construction of facilities
pursuant to section 1, the Secretary may not authorize the
transfer or conveyance unless the agreement involved provides that
the transferee or purchaser will assume all remaining
responsibilities under any agreements made pursuant to this Act by
the contractor under such section and the Federal Government.
(3) TERMINATION OF OBLIGATION. -- If, for purposes of
paragraphs (1) and (2), a transfer or conveyance is made in
accordance with such paragraphs, the obligation pursuant to
subsection (a), and all other responsibilities pursuant to this
Act, of the transferor involved shall terminate.
(c) REQUIREMENT OF STATUS AS PUBLIC OR NONPROFIT PRIVATE ENTITY. --
The Secretary may not enter into any agreement under subsection (a) or
(b) unless the agreement provides that the obligation involved includes
the requirement that the obligation may be satisfied only by a public or
nonprofit private entity.
(d) ASSURANCES OF SUFFICIENT FINANCIAL RESOURCES. --
(1) ORIGINAL CONTRACTOR. -- The Secretary may not enter into a
contract under section 1 unless the applicant for the contract
provides assurances satisfactory to the Secretary that, throughout
the 20-year period described in subsection (a), the applicant will
have access to financial resources sufficient to comply with the
agreement under such subsection.
(2) TRANSFEREES AND PURCHASERS. -- The Secretary may not
approve a transfer or conveyance under subsection (b) unless the
transferee or purchaser provides assurances satisfactory to the
Secretary that, throughout the remaining portion of the 20-year
period described in subsection (a), the transferee or purchaser
will have access to financial resources sufficient to comply with
its obligation pursuant to such subsection.
SEC. 3. "42 USC 289e note" REQUIREMENT OF MATCHING FUNDS.
(a) IN GENERAL. -- The Secretary may not enter into a contract under
section 1 unless the applicant for the contract agrees, with respect to
the costs to be incurred by the applicant in carrying out the purpose
described in such section, to make available (directly or through
donations from public or private entities) contributions toward such
costs in an amount equal to $1 for each $3 of Federal funds provided
pursuant to the contract under section 1.
(b) DETERMINATION OF AMOUNT OF CONTRIBUTION. -- Contributions
required in subsection (a) may be in cash or in kind, fairly evaluated,
including existing plant and equipment or services throughout the
20-year period described in section 2(a)(1) (and including such
specialized strains of mice as the Secretary may request for purposes of
biomedical research). Amounts provided by any agency of the Federal
Government other than the Department of Health and Human Services, and
services assisted or subsidized by any such agency, shall be included in
the amount of such contributions.
SEC. 4. "42 USC 289e note" ADDITIONAL REQUIREMENTS.
(a) SUBMISSION AND APPROVAL OF CONSTRUCTION PLAN. --
(1) IN GENERAL. -- The Secretary may not enter into a contract
under section 1 unless the applicant for the contract submits to
the Secretary a plan for the construction of facilities pursuant
to such section and unless the Secretary approves the plan. The
Secretary may not approve such a plan unless the plan has been
recommended for approval by the panel convened under paragraph
(2)(A).
(2) EXPERT PANEL FOR ADVISING SECRETARY WITH RESPECT TO PLAN.
--
(A) The Secretary shall convene a panel of appropriately
qualified individuals for the purpose of providing architectural,
financial, and scientific advice to the Secretary regarding
appropriate standards and specifications for the construction,
financing, and use of facilities pursuant to section 1. The panel
may not approve a plan submitted under paragraph (1) unless the
panel determines that amounts provided in the contract under
section 1 will not, during the twenty-year period described in
section 2(a), be expended to increase significantly, relative to
April 1989, the sale of mice other than mutant and inbred strains
of mice necessary for the conduct of biomedical research.
(B) Members of the panel convened under paragraph (1) who are
officers or employees of the United States may not receive
compensation for service on the panel in addition to the
compensation otherwise received for duties carried out as such
officers or employees. Other members of such panel shall receive
compensation for each day (including travel-time) engaged in
carrying out the duties of the panel. Such compensation may not
be in an amount in excess of the maximum rate of basic pay payable
for GS-18 of the General Schedule.
(b) SITE OF CONSTRUCTION. -- The Secretary may not enter into a
contract under section 1 unless --
(1) the applicant for the contract provides to the Secretary a
description of the site for the construction of facilities
pursuant to such section; and
(2) the Secretary determines that title to the site is vested
in the applicant or that the applicant has a sufficient possessory
interest in such site for the twenty-year period described in
section 2(a).
(c) REQUIREMENT OF APPLICATION. -- The Secretary may not enter into
a contract under section 1 unless --
(1) an application for the contract is submitted to the
Secretary;
(2) the application contains the agreements required in this
Act and provides assurances of compliance satisfactory to the
Secretary; and
(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information
as the Secretary determines to be necessary to carry out this Act.
SEC. 5. "42 USC 289e note" FAILURE TO COMPLY WITH AGREEMENTS.
(a) REPAYMENT OF PAYMENTS. --
(1) IN GENERAL. -- The Secretary may, subject to subsection
(c), require the contractor under section 1 to repay any payments
received under such section by the contractor that the Secretary
determines were not expended by the contractor in accordance with
the agreements required to be contained in the application
submitted by the contractor pursuant to section 4(c).
(2) OFFSET AGAINST CURRENT PAYMENTS. -- If a contractor under
section 1 fails to make a repayment required in paragraph (1), the
Secretary may offset the amount of the repayment against the
amount of any payment due to be paid under such section to the
contractor.
(b) WITHHOLDING OF PAYMENTS. --
(1) IN GENERAL. -- The Secretary may, subject to subsection
(c), withhold payments due under section 1 if the Secretary
determines that the contractor under such section is not expending
payments received under such section in accordance with the
agreements required to be contained in the application submitted
by the contractor pursuant to section 4(c).
(2) TERMINATION OF WITHHOLDING. -- The Secretary shall cease
withholding payments under paragraph (1) if the Secretary
determines that there are reasonable assurances that the
contractor under section 1 will expend amounts received under such
section in accordance with the agreements referred to in such
paragraph.
(3) EFFECT OF MINOR NONCOMPLIANCE. -- The Secretary may not
withhold funds under paragraph (1) from the contractor under
section 1 for a minor failure to comply with the agreements
referred to in such paragraph.
(c) OPPORTUNITY FOR HEARING. -- Before requiring repayment of
payments under subsection (a)(1), or withholding payments under
subsection (b)(1), the Secretary shall provide to the contractor under
section 1 an opportunity for a hearing conducted within the State in
which facilities are constructed pursuant to such section.
SEC. 6. "42 USC 289e note" RECOVERY PROCEEDINGS FOR VIOLATION OF
REQUIREMENT WITH RESPECT TO MINIMUM PERIOD OF BREEDING OF SPECIALIZED
MICE.
(a) RIGHT OF RECOVERY. -- If the contractor under section 1, or any
transferee or purchaser under section 2, violates its obligation under
such section (including any violation under subsection (c) of such
section), the United States shall be entitled to recover an amount equal
to the sum of --
(1) an amount determined in accordance with paragraph (1)(A) of
subsection (b); and
(2) an amount determined in accordance with paragraph (2)(A) of
such subsection.
(b) DETERMINATION OF AMOUNTS. --
(1) FEDERAL PERCENTAGE OF FAIR MARKET VALUE. --
(A) The amount referred to in paragraph (1) of subsection (a)
is the product of --
(i) an amount equal to the fair market value, during the period
in which recovery is sought under subsection (a), of the
facilities constructed pursuant to section 1, as determined in
accordance with subparagraph (B); and
(ii) a percentage equal to the quotient of --
(I) the total amounts provided by the Federal Government for
the construction of such facilities; divided by
(II) the total costs of the construction of such facilities.
(B) For purposes of subparagraph (A)(i), fair market value
shall be determined through --
(i) an agreement entered into by the United States and the
entity from whom the United States is seeking recovery under
subsection (a); or
(ii) an action brought in the district court of the United
States for the district in which the facilities involved are
located.
(2) INTEREST. --
(A) The amount referred to in paragraph (2) of subsection (a)
is an amount representing interest on the amount determined under
paragraph (1). Such interest shall accrue during the period
described in subparagraph (B) and shall accrue at a rate
determined by the Secretary on the basis of the average of the
bond equivalent of the weekly 90-day Treasury bill auction rate.
(B) The period referred to in subparagraph (A) is the period --
(i) beginning on the date of the violation of the obligation
under section 2, or if the entity involved provides notice to the
Secretary of the violation not later than 10 days after the date
of the violation, beginning on the expiration of the 180-day
period beginning on the date that the notice is received by the
Secretary; and
(ii) ending on the date on which the United States collects the
amount determined under paragraph (1).
(c) WAIVER OF RECOVERY RIGHTS. -- The Secretary may waive, in whole
or in part, the right of the United States to recover amounts under this
section for good cause shown, as determined by the Secretary.
(d) CLARIFICATION WITH RESPECT TO LIEN ON FACILITIES. -- The right
of recovery of the United States under subsection (a) shall not
constitute a lien on the facilities involved with respect to which such
recovery is sought.
SEC. 7. "42 USC 289e note" DEFINITION.
For purposes of this Act, the term "Secretary" means the Secretary of
Health and Human Services.
SEC. 8. TECHNICAL AMENDMENT WITH RESPECT TO AUTHORITY FOR
CONSTRUCTION OF FACILITIES.
Section 496 of the Public Health Service Act (42 U.S.C. 289e) is
amended --
(1) by striking the first sentence;
(2) by inserting "(a)" after the section designation; and
(3) by adding at the end the following new subsection:
"(b)(1) None of the amounts appropriated under this Act for the
purposes of this title may be obligated for the construction of
facilities (including the acquisition of land) unless a provision of
this title establishes express authority for such purpose and unless the
Act making appropriations under such provision specifies that the
amounts appropriated are available for such purpose.
"(2) Any grants, cooperative agreements, or contracts authorized in
this title for the construction of facilities may be awarded only on a
competitive basis.".
Approved November 29, 1989.
LEGISLATIVE HISTORY -- S. 1390:
SENATE REPORTS: No. 101-101 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 135 (1989): Aug. 4, considered and passed
Senate. Nov. 13, considered and passed House, amended. Nov. 16, Senate
concurred in House amendments.
Public Law 101-189, 103 Stat. 1352
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 "National Defense Authorization Act for
Fiscal Years 1990 and 1991".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS
(a) ORGANIZATION OF ACT INTO DIVISIONS. -- This Act is organized
into three divisions as follows:
(1) Division A -- Department of Defense Authorizations.
(2) Division B -- Military Construction Authorizations.
(3) Division C -- Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS. -- The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Expiration of authorizations for fiscal years after fiscal
year 1990.
Sec. 4. Congressional defense committees defined.
Sec. 5. Annual outlay report.
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense agencies.
Sec. 105. Reserve components.
Sec. 106. Chemical demilitarization program.
Sec. 107. Multiyear authorizations.
Sec. 108. Changes in prior milestone authorizations.
Sec. 111. B-2 bomber program funding and limitations for fiscal year
1990.
Sec. 112. Limitation on annual production of B-2 bomber for fiscal
years after fiscal year 1990.
Sec. 113. Ongoing evaluation by Comptroller General of B-2 test and
evaluation results.
Sec. 114. Report on cost, schedule, and capability.
Sec. 115. Ongoing independent assessment of B-2 aircraft program.
Sec. 116. Submission of unclassified version of B-2 performance
matrix.
Sec. 117. Reports relating to correction-of-deficiencies clauses in
B-2 aircraft procurement contracts.
Sec. 118. Study of alternative B-2 aircraft force structures.
Sec. 119. Sense of Congress on procurement of B-2 aircraft.
Sec. 121. Limitations on B-1B electronic countermeasures recovery
program.
Sec. 122. Advanced Cruise Missile program.
Sec. 123. Cap on number of MX missiles that may be deployed.
Sec. 124. Reference to limitation on obligation of funds for MX Rail
Garrison program.
Sec. 131. F-14 aircraft program.
Sec. 132. AH-64 helicopter program.
Sec. 133. AHIP scout helicopter program.
Sec. 134. F-15E aircraft program.
Sec. 135. M88A2 recovery vehicle program.
Sec. 136. Reconnaissance aircraft programs.
Sec. 137. Statutory construction.
Sec. 141. M-1 tank program.
Sec. 142. Restriction on fiscal year 1989 funds for
refuelers/tankers.
Sec. 143. Army recovery vehicle program.
Sec. 144. Repeal of procurement requirement and limitation of funds
for the Heavy Expanded Mobility Tactical Truck.
Sec. 145. Limitation on modifications of certain special operations
forces aircraft.
Sec. 146. Limitation on acceptance of delivery of Stinger missiles.
Sec. 147. M109 Howitzer Improvement Program.
Sec. 148. Equal employment opportunities relating to an Army
contract.
Sec. 151. Limitation on procurement of V-22 Osprey aircraft.
Sec. 152. Preservation of dual-source production base for Standard
Missile II.
Sec. 153. Annual report on Navy aircraft requirements.
Sec. 154. Fast sealift ship program.
Sec. 155. Transfer of A-6 aircraft to the Navy.
Sec. 156. Report regarding Trident submarine construction rate.
Sec. 161. MC-130H (Combat Talon) aircraft program.
Sec. 162. AC-130U gunship program.
Sec. 163. AMRAAM missile program.
Sec. 164. Over-the-Horizon Backscatter radar.
Sec. 165. MILSTAR program.
Sec. 166. Limitation on funds for procurement of F-16 aircraft
pending approval of certain plans respecting air-land fire support for
ground combat forces.
Sec. 171. Restriction on obligation of funds for procurement of
binary chemical munitions.
Sec. 172. Chemical munitions European retrograde program.
Sec. 173. Chemical demilitarization cryofracture program.
Sec. 201. Authorization of appropriations.
Sec. 202. Amounts for basic research and exploratory development for
fiscal years 1990 and 1991.
Sec. 203. Amounts for improved infantry equipment.
Sec. 211. Balanced Technology Initiative.
Sec. 212. Integrated electric drive program.
Sec. 213. Fast sealift technology development program.
Sec. 214. Tactical oceanography program.
Sec. 215. Grant for semiconductor cooperative research program.
Sec. 216. Army Heavy Force Modernization program.
Sec. 217. Joint research project on magnetoencephalography (MEG) and
neuromagnetism.
Sec. 218. V-22 Osprey aircraft program.
Sec. 219. Biodegradable materials research.
Sec. 221. Funding for the Strategic Defense Initiative for fiscal
year 1990.
Sec. 222. Report on allocation of fiscal year 1990 SDI funding.
Sec. 223. Limitation on development and testing of antiballistic
missile systems or components.
Sec. 224. Requirement for annual report on SDI programs.
Sec. 231. Funding and limitations for ICBM modernization program.
Sec. 232. Funding for security improvements at the Kwajalein test
range.
Sec. 233. Titan IV West Coast Launch Pad.
Sec. 241. Program for monitoring compliance with possible chemical
weapons convention.
Sec. 242. Report on biological defense research program.
Sec. 243. Restoration of certain reporting requirements relating to
chemical and biological warfare agents.
Sec. 251. Advanced research projects.
Sec. 252. Clarification of requirement for competition in award of
research and development contracts and construction contracts to
colleges and universities.
Sec. 253. Extension of deadline for selection of heavy truck system
configured with palletized loading system.
Sec. 254. Testing of infantry anti-tank weapon.
Sec. 255. Funding for facility for collaborative research and
training for military medical personnel; funding for microelectronics
research.
Sec. 256. Availability of funds transferred to NASA for National
Aerospace Plane.
Sec. 257. Repeal of specification of funds for Rankine engine.
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Department of Defense Base Closure Account.
Sec. 304. Humanitarian assistance.
Sec. 305. Army aviation flight facility at Jackson, Tennessee.
Sec. 306. Assistance to schools to benefit children of members of
the Armed Forces and civilian employees of the Department of Defense.
Sec. 311. Prohibition on payment of severance pay to foreign
nationals in the event of certain base closures.
Sec. 312. Prohibition on joint use of the Marine Corps Air Station
at El Toro, California, with civil aviation.
Sec. 313. Clarification of prohibition on certain depot maintenance
workload competitions.
Sec. 314. Reduction in the number of civilian personnel authorized
for duty in Europe.
Sec. 315. Repeal of limitation on the use of operation and
maintenance funds to purchase investment items.
Sec. 321. Authorization to reduce under certain circumstances the
rates for meals sold at a military dining facility.
Sec. 322. Improved and expedited disposal of lost, abandoned, or
unclaimed personal property in the custody of the Armed Forces.
Sec. 323. Procurement of laundry and dry cleaning services from Navy
exchanges.
Sec. 324. Procurement of supplies and services from military
exchanges outside the United States.
Sec. 325. Tuition-free enrollment of dependents of certain employees
of nonappropriated fund instrumentalities in schools of the Defense
Dependents' Education System.
Sec. 326. Authority to use appropriated funds to support student
meal programs in Department of Defense overseas dependents' schools.
Sec. 327. Commercial sale of recording of Air Force Singing
Sergeants.
Sec. 328. Transportation of motor vehicles of military and civilian
personnel stationed on Johnston Island.
Sec. 329. Authority to provide certain assistance to annual
conventions of national military associations.
Sec. 330. Authority to lease fleet electronic warfare support
aircraft.
Sec. 331. Energy efficiency incentive.
Sec. 332. Authority to acquire railroad track structure and
temporary right-of-way for rail line.
Sec. 333. Authorization of long-term aircraft support contract.
Sec. 334. Service contract to train undergraduate naval flight
officers.
Sec. 335. Defense contract auditors.
Sec. 336. Uniform allowance for civilian employees of the Department
of Defense required to wear uniforms.
Sec. 341. United States Soldiers' and Airmen's Home subject to
annual authorizations of appropriations.
Sec. 342. Military fines and forfeitures to benefit Armed Forces
retirement homes.
Sec. 343. Deductions from the pay of enlisted members and warrant
officers to benefit Armed Forces retirement homes.
Sec. 344. Inspection of Armed Forces retirement homes by Inspector
General of the Department of Defense.
Sec. 345. Report regarding improving the operation and management of
the Armed Forces retirement homes.
Sec. 346. Definitions.
Sec. 347. Repeal of superseded provisions relating to the United
States Soldiers' and Airmen's Home.
Sec. 351. Limitation on use of environmental restoration funds.
Sec. 352. Requirement for development of environmental data base.
Sec. 353. Five-year plan for environmental restoration at bases to
be closed.
Sec. 354. Funding for waste minimization programs for certain
industrial-type activities of the Department of Defense.
Sec. 355. Sense of Congress concerning investigation of soil and
water contamination near Mead, Nebraska.
Sec. 356. Use of chlorofluorocarbons and halons in the Department of
Defense.
Sec. 357. Annual report on defense budget for environmental
compliance.
Sec. 358. Report on environmental requirements and priorities.
Sec. 359. Reports on environmental restoration of Jefferson Proving
Ground, Indiana.
Sec. 360. Study of environmental damage to Shenandoah River.
Sec. 361. Study of waste recycling.
Sec. 371. Report on military use of the inland navigation system.
Sec. 372. Report on manpower, mobility, sustainability, and
equipment.
Sec. 373. Report on second source for carbonizable rayon yarn.
Sec. 374. Report on military recruiting advertising expenditures.
Sec. 401. End strengths for active forces.
Sec. 402. Reduction for fiscal year 1991 in number of Air Force
colonels.
Sec. 403. Temporary increase in officer grade limitations.
Sec. 411. End strengths for selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the Reserves.
Sec. 413. Increase in number of members in certain grades authorized
to be on active duty in support of the Reserves.
Sec. 421. Authorization of training student loads.
Sec. 431. Authorization of appropriations for military personnel for
fiscal year 1990.
Sec. 501. Delayed entry program and delayed entry training program
for Reservists.
Sec. 502. Annual muster duty and muster duty pay for Ready
Reservists.
Sec. 503. Three-year extension of certain Reserve officer management
programs.
Sec. 504. Two-year extension of authority for certain single parents
to enlist in reserve components.
Sec. 505. Two-year program of special unit assignment pay for
enlisted members of Selected Reserve.
Sec. 506. Military education for civilian technicians of the Army
National Guard.
Sec. 511. Increase in service obligation for graduates of the
service academies and the Uniformed Services University of the Health
Sciences.
Sec. 512. Extension of authority to make temporary promotions of
certain Navy lieutenants.
Sec. 513. Testing of new entrants for drug and alcohol abuse.
Sec. 514. Correction of military records concerning promotions and
enlistments of enlisted members.
Sec. 515. Title of admissions officer of United States Air Force
Academy.
Sec. 516. Eligibility for Prisoner-of-War medal.
Sec. 517. GAO report on technical training for recruits and members
of the reserve components.
Sec. 518. Provision of off-duty postsecondary education services
overseas.
Sec. 519. Matters to be considered by promotion boards in case of
officers in health professions competitive categories.
Sec. 520. Report on constructive credit for nurses.
Sec. 601. Military pay raise for fiscal year 1990.
Sec. 602. Limitation on adjustments in variable housing allowance.
Sec. 611. Increase in selective reenlistment bonus.
Sec. 612. Enlistment bonus for members in skills designated as
critical.
Sec. 613. Extension of enlistment and reenlistment bonus authorities
for Reserve forces.
Sec. 614. Extension of special pay programs for nuclear-qualified
officers.
Sec. 621. Reimbursement for certain fees incurred in travel.
Sec. 622. Lump-sum payment of overseas housing costs.
Sec. 623. Clarification of allowance for transportation of household
effects.
Sec. 624. Travel entitlement for members assigned to a vessel under
construction.
Sec. 625. Student travel authorized for dependents of members in
Alaska and Hawaii.
Sec. 631. Aviation career incentive pay.
Sec. 632. Aviator retention bonuses.
Sec. 633. Reduction in nonoperational flying duty positions.
Sec. 634. Minimum service requirement for aviators.
Sec. 635. Report on life insurance.
Sec. 636. Report on aviator assignment policies and practices.
Sec. 637. Sense of Congress regarding establishment of commission to
conduct a study on the national shortage of aviators.
Sec. 641. Increase in amount payable under Montgomery GI Bill for
critical specialties.
Sec. 642. Payments for vocational-technical training under
reserve-component GI bill.
Sec. 643. Limitation of active Guard and Reserve personnel to
active-duty program.
Sec. 644. Report on imposition of contribution requirement for
participation in chapter 106 program.
Sec. 645. Technical amendments.
Sec. 651. Technical amendments to military retirement laws.
Sec. 652. Repeal of certain obsolete and expired provisions.
Sec. 653. Other technical and clerical amendments.
Sec. 661. Military relocation assistance programs.
Sec. 662. Extension of test program of reimbursement for adoption
expenses.
Sec. 663. Repeal of four-year Reserve officer uniform allowance.
Sec. 664. Reimbursement for financial institution charges incurred
because of Government error in direct deposit of pay.
Sec. 701. Authority to repay loans of certain health professionals
who serve in the Selected Reserve.
Sec. 702. Revision of military physician special pay structure.
Sec. 703. Extension and expansion of medical officer retention bonus
program.
Sec. 704. Special pay for psychologists.
Sec. 705. Accession bonus for registered nurses.
Sec. 706. Incentive pay for nurse anesthetists.
Sec. 707. Nurse officer candidate accession bonus.
Sec. 708. Program to increase use of certain nurses by the military
departments.
Sec. 709. Authority to defer mandatory retirement for age of regular
officers in a health-related profession.
Sec. 710. Retention in active service of Reserve officers in a
health-related profession.
Sec. 711. Retention of certain Reserve psychologists in active
status.
Sec. 712. Reallocation of Naval Reserve rear admiral positions
authorized for health professions.
Sec. 721. Prohibition on charges for outpatient medical and dental
care.
Sec. 722. Sharing of health-care resources with the Department of
Veterans Affairs.
Sec. 723. Prohibition on reducing end strength levels for medical
personnel as a result of base closures and realignments.
Sec. 724. Revised deadline for the use of diagnosis-related groups
for outpatient treatment.
Sec. 725. Armed Forces health professions scholarship program.
Sec. 726. Uniformed Services University of the Health Sciences and
Henry M. Jackson Foundation for the Advancement of Military Medicine.
Sec. 727. Retention of funds collected from third-party payers of
inpatient care furnished at facilities of the uniformed services.
Sec. 728. Reallocation of certain civilian personnel positions to
medical support.
Sec. 729. Codification of appropriation provision relating to
CHAMPUS.
Sec. 730. Limitation on CHAMPUS payments to noninstitutional
health-care providers.
Sec. 731. Clarification and correction of provisions relating to
health benefits for certain former spouses.
Sec. 801. Assessment of risk in concurrent development of major
defense acquisition systems.
Sec. 802. Operational test and evaluation.
Sec. 803. Low-rate initial production.
Sec. 804. Modifications with respect to reports on live-fire testing
programs.
Sec. 805. Procedures applicable to multiyear procurement contracts.
Sec. 806. Revision of limitation on transfer of certain technical
data packages to foreign countries.
Sec. 811. Acquisition report streamlining.
Sec. 812. Three-year program for use of master agreements for
procurement of advisory and assistance services.
Sec. 813. Availability of funds for obligation following the
resolution of a protest.
Sec. 814. Post-employment restrictions.
Sec. 815. Defense memoranda of understanding and related agreements.
Sec. 816. Offsets in reciprocal defense procurement agreements.
Sec. 817. Simplified approval of contracts implementing certain
international agreements.
Sec. 818. Delegation of approval authority for certain contract
actions.
Sec. 819. Procurement Technical Assistance Cooperative Agreement
Program.
Sec. 821. Requirement for certificate of independent price
determination in certain Department of Defense contract solicitations.
Sec. 822. Uniform rules on dissemination of acquisition information.
Sec. 823. Limitation on authority to waive Buy American Act
requirement.
Sec. 824. Acquisition of commercial and nondevelopmental items.
Sec. 825. Study and report on defense export financing.
Sec. 831. Provisions relating to small disadvantaged businesses.
Sec. 832. Credit for Indian contracting in meeting certain minority
subcontracting goals.
Sec. 833. Test program for use of bond waiver authority under Small
Business Act to assist certain small disadvantaged business concerns.
Sec. 834. Test program for negotiation of comprehensive small
business subcontracting plans.
Sec. 841. Critical technologies planning.
Sec. 842. Defense industrial information and critical industries
planning.
Sec. 843. Scientific and technical education.
Sec. 851. Authority to contract with university presses for
printing, publishing, and sale of History of the Office of the Secretary
of Defense.
Sec. 852. Procurement from countries that deny adequate and
effective protection of intellectual property rights.
Sec. 853. Acquisition laws technical amendments.
Sec. 901. Framework for determining conventional force requirements
in a changing threat environment.
Sec. 902. Implications of mutual reductions in conventional forces
in Europe by NATO and Warsaw Pact member nations.
Sec. 903. Report on verification measures for possible conventional
arms control agreement.
Sec. 911. Reduction in authorized end strength for the number of
military personnel in Europe.
Sec. 912. Active-duty forces in Europe of member nations of NATO.
Sec. 913. Contributions by Japan to global security.
Sec. 914. Report on costs associated with overseas dependents.
Sec. 915. United States-Republic of Korea security relationship and
other security matters in East Asia.
Sec. 921. Limitation on expenditures for relocation of functions
located at Torrejon Air Base, Madrid, Spain.
Sec. 922. Sense of Congress concerning United States military
facilities in NATO member countries.
Sec. 931. Codification of certain Allied cooperative agreements
statutes.
Sec. 932. Extension and codification of authority provided the
Secretary of Defense in connection with the NATO Airborne Warning and
Control System (AWACS) Program.
Sec. 933. Revision and extension of authority for procurement of
communications support and related supplies and services from other
nations.
Sec. 934. Two-year extension of authority to provide excess defense
articles for the modernization of defense capabilities of countries on
NATO southern and southeastern flanks.
Sec. 935. Authority for exchange training through specified
professional military education institution outside the United States.
Sec. 936. Extension of authority to pay certain expenses in
connection with bilateral and regional cooperation programs.
Sec. 937. Extension of H-1 immigration status for certain
nonimmigrants employed in cooperative research and development projects
and coproduction projects.
Sec. 938. Methods of payment for acquisitions and transfers by the
United States to Allied countries.
Sec. 1001. Presidential report on possible effects of a strategic
arms reduction agreement on Trident program.
Sec. 1002. Presidential report on the verification work that has
been conducted with regard to mobile ICBMs under a START agreement.
Sec. 1003. Sense of Congress on START talks.
Sec. 1004. Report on asymmetries in capabilities of United States
and Soviet Union to produce and deploy ballistic missile defense
systems.
Sec. 1005. Sense of the Congress with respect to accidental launch
protection.
Sec. 1006. Congressional findings and sense of Congress concerning
the Krasnoyarsk radar.
Sec. 1007. Sense of Congress concerning exploring the feasibility of
treaty limitations on weapons capable of threatening military
satellites.
Sec. 1008. Report on satellite survivability.
Sec. 1009. Report on the desirability of negotiations with the
Soviet Union regarding limitations on antisatellite capabilities.
Sec. 1010. Report on verification of compliance with agreements to
limit nuclear testing.
Sec. 1011. Sense of Congress on arms control negotiations and United
States modernization policy.
Sec. 1012. Report on effect of space nuclear reactors on gamma-ray
astronomy missions.
Sec. 1013. Sense of Congress on chemical weapons negotiations.
Sec. 1014. United States program for on-site inspections under arms
control agreements.
Sec. 1101. Study of Total Force Policy, force mix, and military
force structure.
Sec. 1102. Studies of close support for land forces.
Sec. 1103. Strategic air defense alert mission.
Sec. 1104. Sense of Congress concerning reassignment of units from
Fort Knox, Kentucky to Fort Irwin, California.
Sec. 1111. Additional funding for unified and specified combatant
commands for fiscal year 1990.
Sec. 1112. Correction of pay grade for new Assistant Secretary of
the Air Force.
Sec. 1113. Clarification of requirement for completion of full tour
of duty as qualification for selection as a joint specialty officer.
Sec. 1121. Reports relating to courses of instruction at certain
professional military education schools and professional military
education requirements for promotion to general or flag grade.
Sec. 1122. Clarification regarding schools that are joint
professional military education schools for purposes of qualification of
officers for joint specialty.
Sec. 1123. Professional military education in joint matters.
Sec. 1124. Employment of civilian faculty members at professional
military education schools.
Sec. 1131. One-year extension of authority of base commanders over
contracting for commercial activities.
Sec. 1132. Exception from cost comparison procedures for purchase of
products and services of the blind and other severely handicapped
individuals.
Sec. 1133. Commercial activities study for base support operations
at Fort Benjamin Harrison.
Sec. 1134. Evaluation and report on commercial activities study at
the Niagara Falls Air Force Reserve Base.
Sec. 1201. Funding for military drug interdiction and counter-drug
activities.
Sec. 1202. Department of Defense as lead agency for the detection
and monitoring of aerial and maritime transit of illegal drugs.
Sec. 1203. Budget proposals relating to drug interdiction and
counter-drug activities.
Sec. 1204. Communications network.
Sec. 1205. Research and development.
Sec. 1206. Training exercises in drug-interdiction areas.
Sec. 1207. Drug interdiction and counter-drug activities of the
National Guard.
Sec. 1208. Transfer of excess personal property.
Sec. 1209. Civil Air Patrol.
Sec. 1210. Operation of equipment used to transport civilian law
enforcement personnel.
Sec. 1211. Restriction on direct participation by military
personnel.
Sec. 1212. Additional support for counter-drug activities.
Sec. 1213. Reports.
Sec. 1214. Sense of Congress on National Narcotics Border
Interdiction System.
Sec. 1215. Cooperative efforts against illegal drugs.
Sec. 1216. Technical and clerical amendments relating to military
support for civilian law enforcement agencies.
Sec. 1301. Court of Military Appeals.
Sec. 1302. Appellate review of article 69 actions.
Sec. 1303. Investigation of judicial misconduct.
Sec. 1304. Technical and conforming amendments.
Sec. 1401. Short title.
Sec. 1402. Revised premium computation for Survivor Benefit Plan
annuities.
Sec. 1403. Correction of annuity computation for survivors of
certain retirement-eligible officers dying while on active duty.
Sec. 1404. Program to provide supplemental spouse annuity for
military retirees.
Sec. 1405. Open enrollment period.
Sec. 1406. Definitions.
Sec. 1407. Miscellaneous technical and clerical amendments.
Sec. 1501. Short title; definitions.
Sec. 1502. Funding for military child care for fiscal year 1990.
Sec. 1503. Child care employees.
Sec. 1504. Parent fees.
Sec. 1505. Child abuse prevention and safety at facilities.
Sec. 1506. Parent partnerships with child development centers.
Sec. 1507. Report on five-year demand for child care.
Sec. 1508. Subsidies for family home day care.
Sec. 1509. Early childhood education demonstration program.
Sec. 1510. Deadline for regulations.
Sec. 1601. Transfer authority.
Sec. 1602. Restatement and clarification of requirement for
consistency in the budget presentations of the Department of Defense.
Sec. 1603. Limitation on restoration of withdrawn unobligated
balances.
Sec. 1604. Prohibition on transfer of funds to other departments and
agencies.
Sec. 1605. Authority to transfer funds to Department of Energy.
Sec. 1606. One-year delay in any change in policy respecting
reimbursement of Department of Defense funds for salaries of members of
the Armed Forces assigned to duty in connection with foreign military
sales programs.
Sec. 1607. Repair and replacement of property of the Department of
Defense damaged or destroyed by Hurricane Hugo.
Sec. 1611. Identification and handling of hazardous wastes in naval
ship repair work.
Sec. 1612. Progress payments under naval vessel repair contracts.
Sec. 1613. Funding for ship production engineering.
Sec. 1614. Depot-level maintenance of ships homeported in Japan.
Sec. 1615. Report on alternatives to Navy oxygen breathing apparatus
for shipboard firefighting.
Sec. 1616. Stripping of naval vessels to be used for experimental
purposes.
Sec. 1621. Technical amendments to conform references to creation of
Department of Veterans Affairs.
Sec. 1622. Miscellaneous technical and clerical amendments to title
10, United States Code.
Sec. 1623. Amendments to section 8125 of Public Law 101-463.
Sec. 1624. Report on recurring provisions of defense appropriations
Act.
Sec. 1631. Study of protection of United States civil aviation from
terrorist activities overseas.
Sec. 1632. Dedication of corridor in Pentagon to service members who
served in space-related activities.
Sec. 1633. Delegation authority with respect to admiralty claims by
or against the United States.
Sec. 1634. Authority to accept voluntary services for natural
resources programs.
Sec. 1635. Findings and congressional declarations concerning
service in National Guard and Reserves.
Sec. 1636. Expansion of scope of Civil Reserve Air Fleet enhancement
program.
Sec. 1637. Report on certain persons participating in radiation-risk
activities.
Sec. 1638. Congressional findings and sense of Congress concerning
kidnapping and murder of Lieutenant Colonel Higgins.
Sec. 1639. Reports on controls on transfer of missile technology and
certain weapons to other nations.
Sec. 1640. Reviews and reports on decontrol of certain personal
computers.
Sec. 1641. Annual Department of Defense Conventional Standoff
Weapons Master Plan and report on standoff munitions.
Sec. 2001. Short title.
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Extension of certain prior year authorizations.
Sec. 2121. Authorized Army construction and land acquisition
projects.
Sec. 2122. Authorization of appropriations, Army.
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of certain prior year authorizations.
Sec. 2206. Study and solicitation of bids for office space.
Sec. 2207. Community support center, Marine Corps Air Station,
Tustin, California.
Sec. 2221. Authorized Navy construction and land acquisition
projects.
Sec. 2222. Family housing.
Sec. 2223. Authorization of appropriations, Navy.
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvement to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of certain prior year authorizations.
Sec. 2306. Luke Air Force Base, Arizona.
Sec. 2307. Arnold Engineering Development Center, Tennessee.
Sec. 2308. Reference to limitation on obligation of funds for MX
Rail Garrison program.
Sec. 2321. Authorized Air Force construction and land acquisition
projects.
Sec. 2322. Family housing.
Sec. 2323. Authorization of appropriations, Air Force.
Sec. 2401. Authorized defense agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Conforming storage facilities.
Sec. 2405. Authorization of appropriations, defense agencies.
Sec. 2406. Extension of certain previous authorizations.
Sec. 2407. Medical facility, Fort Sill, Oklahoma.
Sec. 2421. Authorized defense agencies construction and land
acquisition projects.
Sec. 2422. Authorization of appropriations, defense agencies.
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2621. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2801. Family housing rental guarantee program.
Sec. 2802. Leasing of military family housing.
Sec. 2803. Long term facilities contracts.
Sec. 2804. Improvements to family housing units for the handicapped.
Sec. 2805. Domestic build-to-lease program.
Sec. 2806. Turn-key selection procedures.
Sec. 2807. Prohibition of funding for certain military construction
contracts on Guam.
Sec. 2808. Authorized cost variations.
Sec. 2809. Lease-purchase of facilities.
Sec. 2811. Land conveyance at Marine Corps Air Station, El Toro,
California, and construction of family housing at Marine Corps Air
Station, Tustin, California.
Sec. 2812. Land conveyance, Fort Gillem, Georgia.
Sec. 2813. Land conveyance, Hickam Air Force Base, Hawaii.
Sec. 2814. Land conveyances, Kapalama Military Reservation, Hawaii.
Sec. 2815. Land conveyance, Public Works Center, Great Lakes,
Illinois.
Sec. 2816. Land conveyance, Fort Knox, Kentucky.
Sec. 2817. Release of reversionary interest to State of Minnesota.
Sec. 2818. Land conveyance, Naval Reserve Center, Kearney, New
Jersey.
Sec. 2819. Transfer of jurisdiction over certain lands at Sandia,
New Mexico.
Sec. 2820. Land conveyance, Pittsburgh, Pennsylvania.
Sec. 2821. Land conveyance, Fort Belvoir, Virginia.
Sec. 2822. Modification of reversionary interest, Port of Benton,
Washington.
Sec. 2831. Homeowners assistance program.
Sec. 2832. Use of closed bases for prisons and drug treatment
facilities.
Sec. 2833. Notice to local and State educational agencies of
enrollment changes due to base closures and realignments.
Sec. 2834. Report.
Sec. 2841. White Sands missile range, New Mexico.
Sec. 2842. Community planning assistance.
Sec. 2843. Development of land and lease of facility at Henderson
Hall, Arlington, Virginia.
Sec. 2844. Report regarding Fort Meade Recreation Area.
Sec. 2845. Cooperative agreements for land management on Department
of Defense installations.
Sec. 2846. Reimbursement for costs associated with homeporting at
Lake Charles, Louisiana.
Sec. 2847. Feasibility study of land transfer for use as a
correctional facility.
Sec. 2848. Construction of military family housing at Marine Corps
Air Station, Tustin, California.
Sec. 3101. Operating expenses.
Sec. 3102. Plant and capital equipment.
Sec. 3103. Funding limitations.
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for construction design.
Sec. 3126. Authority for emergency construction design.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3131. Short title.
Sec. 3132. Findings and purposes.
Sec. 3133. Authority to enter into cooperative research and
development agreements.
Sec. 3141. Defense waste cleanup technology program.
Sec. 3142. Executive management training in the Department of
Energy.
Sec. 3143. Major Department of Energy national security programs.
Sec. 3144. Five-year budget plan requirement.
Sec. 3151. Prohibition and report on bonuses to contractors
operating defense nuclear facilities.
Sec. 3152. Preference for Rocky Flats workers.
Sec. 3153. Authorization and funding for Rocky Flats agreement.
Sec. 3154. Moratorium on incineration of radioactive waste at Los
Alamos National Laboratory.
Sec. 3155. Production of the 155-millimeter artillery-fired, atomic
projectile.
Sec. 3156. Reports in connection with permanent closures of
Department of Energy defense nuclear facilities.
Sec. 3157. Defense program missions.
Sec. 3201. Authorization.
Sec. 3301. Changes in stockpile requirements.
Sec. 3302. Authorized disposals.
Sec. 3303. Authorization of acquisitions.
Sec. 3311. Strategic and critical materials development, research,
and conservation.
Sec. 3312. Development of domestic sources.
Sec. 3313. National defense stockpile manager.
Sec. 3314. Authority to dispose of materials in the stockpile for
international consumption.
Sec. 3315. Information included in reports to Congress.
Sec. 3401. Authorization of appropriations.
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Notification requirements.
Sec. 3504. General provisions.
SEC. 3. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1990
Authorizations of appropriations, and of personnel strength levels,
in this Act for any fiscal year after fiscal year 1990 are effective
only with respect to appropriations made during the first session of the
One Hundred First Congress.
SEC. 4. CONGRESSIONAL DEFENSE COMMITTEES DEFINED
For purposes of this Act, the term "congressional defense committees"
means the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives.
SEC. 5. "10 USC 114a note" ANNUAL OUTLAY REPORT
(a) ANNUAL REPORT ON OUTLAYS AND BUDGET AUTHORITY REQUIRED. -- (1)
Not later than December 15, 1989, and not later than December 15 of each
year thereafter, the Director of the Office of Management and Budget and
the Director of the Congressional Budget Office shall submit to the
Speaker of the House of Representatives and the Committees on Armed
Services, Appropriations, and the Budget of the Senate a joint report
containing an agreed resolution of all differences between --
(A) the technical assumptions to be used by the Office of
Management and Budget in preparing estimates with respect to all
accounts in major functional category 050 (National Defense) for
the budget to be submitted to Congress pursuant to section 1105 of
title 31, United States Code, in the year following the year in
which the report is submitted; and
(B) the technical assumptions to be used by the Congressional
Budget Office in preparing estimates with respect to such accounts
for such budget.
(2) In the event that the Director of the Office of Management and
Budget and the Director of the Congressional Budget Office are unable to
agree upon any technical assumption, the report shall reflect the
average of the relevant outlay rates or assumptions used by the Office
of Management and Budget and the Congressional Budget Office.
(3) The report with respect to a budget shall identify the following:
(A) The agreed first-year and outyear outlay rates for each
account for the Department of Defense for each fiscal year covered
by the proposed budget.
(B) The agreed amount of outlays estimated to occur from
unexpended appropriations made for fiscal years prior to the
fiscal year that begins after submission of the report.
(b) SENSE OF CONGRESS REGARDING BUDGET RESOLUTIONS AND BUDGET
SCOREKEEPING. -- It is the sense of Congress that, in order to prevent
a recurrence of a mismatch between budget authority and outlays for
budget function 050 (National Defense), the technical assumptions
contained in the report under subsection (i)(1) with respect to any
budget should be used in the preparation of that budget, the preparation
of the budget resolution, and in all scorekeeping in connection with
budget function 050 (National Defense).
(c) SENSE OF CONGRESS REGARDING REQUIRED REDUCTIONS AND OTHER CHANGES
IN NATIONAL DEFENSE OUTLAYS IN RELATION TO BUDGET AUTHORITY. -- It is
the sense of Congress that the outlay level specified for national
defense for any fiscal year in the budget resolution for that fiscal
year should not require a reduction (or other change) in outlays for
national defense for that fiscal year below (or in relation to) the
estimated outlays specified for national defense in the budget for such
fiscal year (submitted to Congress pursuant to section 1105 of title 31,
United States Code) by more than the amount by which such estimated
outlays would be reduced (or otherwise changed) if the amount of budget
authority provided for in each title of the President's request for
budget authority for national defense (as contained in such budget) were
reduced (or otherwise changed) by the uniform percentage necessary for
the requested budget authority for national defense to be equal to the
budget authority specified for national defense in that budget
resolution unless the budget resolution is accompanied by a report that
describes the difference between the budget authority and outlays for
National Defense (function 050) in the President's budget and the budget
resolution.
SEC. 101. ARMY
(a) AIRCRAFT. -- Funds are hereby authorized to be appropriated for
procurement of aircraft for the Army as follows:
(1) $3,120,500,000 for fiscal year 1990, of which
$1,021,908,000 shall be available for modification of aircraft.
(2) $2,617,038,000 for fiscal year 1991.
(b) MISSILES. -- Funds are hereby authorized to be appropriated for
procurement of missiles for the Army as follows:
(1) $2,756,827,000 for fiscal year 1990, of which $107,337,000
shall be available for modification of missiles.
(2) $2,571,260,000 for fiscal year 1991.
(c) WEAPONS AND TRACKED COMBAT VEHICLES. -- Funds are hereby
authorized to be appropriated for procurement of weapons and tracked
combat vehicles for the Army as follows:
(1) $2,717,500,000 for fiscal year 1990.
(2) $2,602,026,000 for fiscal year 1991.
(d) AMMUNITION. -- Funds are hereby authorized to be appropriated
for procurement of ammunition for the Army as follows:
(1) $1,887,047,000 for fiscal year 1990.
(2) $1,365,609,000 for fiscal year 1991.
(e) OTHER PROCUREMENT. -- Funds are hereby authorized to be
appropriated for other procurement for the Army as follows:
(1) $3,068,771,000 for fiscal year 1990, of which --
(A) $446,282,000 is for tactical and support vehicles;
(B) $1,469,183,000 is for communications and electronics
equipment; and
(C) $1,153,306,000 is for other support equipment.
(2) $3,146,340,000 for fiscal year 1991.
(f) INSTALLATION OF MODERNIZATION EQUIPMENT. -- Of the amounts
authorized to be appropriated in this section for fiscal year 1990,
funds shall be available for procurement and installation of
modernization equipment (in addition to the amounts for modifications
specified in subsections (a)(1) and (b)(1)) as follows:
(1) Of funds appropriated for aircraft procurement for the
Army, $89,900,000.
(2) Of funds appropriated for missile procurement for the Army,
$38,300,000.
(3) Of funds appropriated for weapons and tracked combat
vehicles, $143,400,000.
(4) Of funds appropriated for other procurement for the Army,
$97,700,000.
SEC. 102. NAVY AND MARINE CORPS
(a) AIRCRAFT. -- (1) Funds are hereby authorized to be appropriated
for procurement of aircraft for the Navy as follows:
(A) $9,500,222,000 for fiscal year 1990.
(B) $4,353,057,000 for fiscal year 1991.
(2) Of the amounts authorized to be appropriated pursuant to
paragraph (1) for fiscal year 1990, funds shall be available for certain
programs as follows:
(A) For the F-14D aircraft program, $1,529,664,000 of which --
(i) $1,175,336,000 shall be available for procurement of 18 new
production F-14D aircraft and related new production close-out;
(ii) $272,000,000 shall be available for procurement of six
remanufactured F-14D aircraft; and
(iii) $82,664,000 shall be available for advance procurement
for remanufactured F-14D aircraft.
(B) For the CH/MH-53E aircraft program, $254,000,000 for 10
CH-53E aircraft and four MH-53E aircraft, subject to the
limitation that any CH-53E aircraft procured with such funds shall
be available only for the heavy-lift mission of the Marine Corps.
(C) For modification of aircraft, $600,757,000 shall be
available for procurement of aircraft modifications.
(b) WEAPONS. -- (1) Funds are hereby authorized to be appropriated
for procurement of weapons (including missiles and torpedoes) for the
Navy as follows:
(A) $3,884,035,000 for fiscal year 1990.
(B) $1,987,294,000 for fiscal year 1991.
(2) Amounts authorized to be appropriated pursuant to paragraph (2)
for fiscal year 1990 shall be available as follows:
(A) For ballistic missile programs, $1,518,165,000.
(B) For other missile programs, $2,798,552,000.
(C) For torpedo programs, $810,954,000 as follows:
For the MK-48 torpedo program, $438,900,000.
For the Sea Lance program, $1,799,000.
For the MK-50 torpedo program, $269,130,000.
For the ASW target program, $12,983,000.
For the ASROC program, $9,282,000.
For the modification of torpedoes and related equipment,
$15,653,000.
For the torpedo support equipment program, $39,002,000.
For the antisubmarine warfare range support program,
$24,205,000.
(D) For other weapons, $184,361,000, of which --
(i) $74,990,000 is for the MK-15 close-in weapon system; and
(ii) $63,771,000 is for the close-in weapon system modification
program.
(E) For spares and repair parts, $94,441,000.
The sum of amounts authorized to be appropriated for fiscal year 1990
for torpedo programs, other weapons, and spares and spare parts is
reduced by $7,800,000.
(c) SHIPBUILDING AND CONVERSION. -- (1) Funds are hereby authorized
to be appropriated for shipbuilding and conversion for the Navy as
follows:
(A) $10,958,400,000 for fiscal year 1990.
(B) $9,532,656,000 for fiscal year 1991.
(2) Amounts authorized to be appropriated pursuant to paragraph (1)
shall be available as follows:
For the Trident submarine program, $1,137,800,000 for fiscal
year 1990.
For the SSN-688 nuclear attack submarine program, $763,300,000
for fiscal year 1990.
For the SSN-21 nuclear attack submarine program, $816,800,000
for fiscal year 1990 and $3,329,000,000 for fiscal year 1991.
For the aircraft carrier service life extension program (SLEP),
$651,200,000 for fiscal year 1990 and $76,600,000 for fiscal year
1991.
For the Enterprise refueling/modernization program,
$1,422,100,000 for fiscal year 1990.
For the DDG-51 guided missile destroyer program, $3,533,700,000
for fiscal year 1990 and $3,604,700,000 for fiscal year 1991.
For the LHD-1 amphibious assault ship program, $35,000,000 for
fiscal year 1990 and $959,900,000 for fiscal year 1991.
For the LSD-41 cargo variant program, $229,300,000 for fiscal
year 1990 and $232,700,000 for fiscal year 1991.
For the MCM mine countermeasures program, $341,500,000 for
fiscal year 1990.
For the MHC coastal minehunter program, $282,000,000 for fiscal
year 1990 and $255,900,000 for fiscal year 1991.
For the AO (Jumbo) conversion program, $35,700,000 for fiscal
year 1990.
For the TAGOS ocean surveillance ship program, $155,800,000 for
fiscal year 1990.
For the AOE fast combat support ship program, $356,400,000 for
fiscal year 1990 and $357,700,000 for fiscal year 1991.
For the oceanographic research ship program, $278,100,000 for
fiscal year 1990 and $41,900,000 for fiscal year 1991.
For the moored training ship program, $220,000,000 for fiscal
year 1990.
For service craft and landing craft, $56,400,000 for fiscal
year 1990 and $88,600,000 for fiscal year 1991.
For the landing craft, air cushion (LCAC) program, $273,300,000
for fiscal year 1990 and $284,000,000 for fiscal year 1991.
For the Fast Sealift ship program, $20,000,000 for fiscal year
1990 and $240,000,000 for fiscal year 1991.
For outfitting and post delivery, $340,000,000 for fiscal year
1990.
For ship production engineering, $61,656,000 for fiscal year
1991.
For ship special support equipment, $10,000,000 for fiscal year
1990.
(d) OTHER PROCUREMENT, NAVY. -- (1) Funds are hereby authorized to
be appropriated for other procurement for the Navy as follows:
(A) $8,207,125,000 for fiscal year 1990.
(B) $5,144,805,000 for fiscal year 1991.
(2) Of the amounts authorized to be appropriated pursuant to
paragraph (1) for fiscal year 1990, funds shall be available for certain
programs as follows:
(A) For the ship support equipment program, $711,413,000.
(B) For the communications and electronics equipment program,
$1,535,019,000.
(D) For aviation support equipment, $591,398,000.
(E) For the ordnance support equipment program, $1,079,346,000.
(F) For civil engineering support equipment, $113,592,000.
(G) For supply support equipment, $156,081,000.
(H) For personnel and command support equipment, $409,471,000.
(I) For spares and repair parts, $529,905,000.
The sum of amounts authorized to be appropriated for ship support
equipment, communications and electronics equipment, ordnance support
equipment, and spares and repair parts is reduced by $15,300,000.
(e) MARINE CORPS. -- Funds are hereby authorized to be appropriated
for procurement for the Marine Corps as follows:
(1) $1,215,600,000 for fiscal year 1990.
(2) $748,380,000 for fiscal year 1991.
(f) INSTALLATION OF MODERNIZATION EQUIPMENT. -- Of the amounts
authorized to be appropriated in this section for fiscal year 1990,
funds shall be available for procurement and installation of
modernization equipment (in addition to the amounts for modification
specified in subsections (a)(2)(C) and (d)(2)(A)) as follows:
(1) Of funds appropriated for aircraft procurement for the
Navy, $783,400,000.
(2) Of funds appropriated for weapons procurement for the Navy,
$33,800,000.
(3) Of funds appropriated for other procurement for the Navy,
$3,096,200,000.
(4) Of funds appropriated for procurement for the Marine Corps,
$15,400,000.
SEC. 103. AIR FORCE
(a) AIRCRAFT. -- Funds are hereby authorized to be appropriated for
procurement of aircraft for the Air Force as follows:
(1) $16,329,857,000 for fiscal year 1990, of which
$2,107,969,000 shall be available for modification of aircraft.
(2) $11,120,820,000 for fiscal year 1991.
(b) MISSILES. -- Funds are hereby authorized to be appropriated for
procurement of missiles for the Air Force as follows:
(1) $7,110,900,000 for fiscal year 1990, of which $115,647,000
shall be available for modification of missiles.
(2) $5,327,084,000 for fiscal year 1991.
(c) OTHER PROCUREMENT. -- Funds are hereby authorized to be
appropriated for other procurement for the Air Force as follows:
(1) $8,538,454,000 for fiscal year 1990, of which --
(A) $410,921,000 is for munitions and associated support
equipment;
(B) $224,268,000 is for vehicular equipment;
(C) $2,322,727,000 is for electronics and telecommunications
equipment; and
(D) $5,580,538,000 is for other base maintenance and support
equipment.
(2) $8,187,568,000 for fiscal year 1991.
(d) INSTALLATION OF MODERNIZATION EQUIPMENT. -- Of the amounts
authorized to be appropriated in this section for fiscal year 1990,
funds shall be available for procurement and installation of
modernization equipment (in addition to the amounts for modifications
specified in subsections (a)(1) and (b)(1)) as follows:
(1) Of funds appropriated for aircraft procurement for the Air
Force, $685,900,000.
(2) Of funds appropriated for missile procurement for the Air
Force, $38,400,000.
SEC. 104. DEFENSE AGENCIES
Funds are hereby authorized to be appropriated for procurement for
the Defense Agencies as follows:
(1) $1,332,251,000 for fiscal year 1990.
(2) $1,113,169,000 for fiscal year 1991.
SEC. 105. RESERVE COMPONENTS
(a) AUTHORIZATION OF APPROPRIATIONS. -- Funds are hereby authorized
to be appropriated for fiscal year 1990 for procurement of aircraft,
vehicles, communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $209,000,000.
(2) For the Air National Guard, $350,500,000.
(3) For the Army Reserve, $75,000,000.
(4) For the Navy Reserve, $74,300,000.
(5) For the Air Force Reserve, $219,500,000.
(6) For the Marine Corps Reserve, $60,000,000.
(b) INSTALLATION OF MODERNIZATION EQUIPMENT. -- Of the amounts
authorized to be appropriated in subsection (a) for fiscal year 1990,
funds shall be available for procurement and installation of
modernization equipment as follows:
(1) Of funds appropriated for the Navy Reserve, $28,300,000.
(2) Of funds appropriated for the Air Force Reserve,
$10,000,000.
(3) Of funds appropriated for the Air National Guard,
$59,500,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM
Funds are hereby authorized to be appropriated for the destruction of
lethal chemical weapons in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (Public Law 99-145; 99
Stat. 747) as follows:
(1) $263,700,000 for fiscal year 1990.
(2) $317,700,000 for fiscal year 1991.
SEC. 107. MULTIYEAR AUTHORIZATIONS
(a) AUTHORIZED MULTIYEAR PROCUREMENTS. -- The Secretary of the
military department concerned may use funds appropriated for fiscal year
1990 to enter into multiyear procurement contracts in accordance with
section 2306(h) of title 10, United States Code, for the following
programs:
(1) ARMY. -- For the Department of the Army:
(A) The M-1 Abrams tank program.
(B) The Bradley Fighting Vehicle program.
(C) The MH-47 helicopter program.
(D) The Family of Heavy Tactical Vehicles program.
(2) NAVY. -- For the Department of the Navy:
(A) The DDG-51 destroyer program.
(B) The SH-60 B/F helicopter program.
(C) The Mark 45 gun mount and Mark 6 ammunition hoist program.
(3) AIR FORCE. -- For the Department of the Air Force:
(A) The KC-135 tanker aircraft program.
(B) The Combined Effects Munitions (CEM) program.
(C) The MH-60G helicopter program.
(D) The Maverick AGM65D missile program.
(b) DENIAL OF CERTAIN MULTIYEAR PROCUREMENTS. -- The Secretary of
the military department concerned may not use funds appropriated for
fiscal year 1990 to enter into a multiyear procurement contract for any
of the following programs:
(1) The E-2C aircraft program.
(2) The FA-18 aircraft program.
SEC. 108. CHANGES IN PRIOR MILESTONE AUTHORIZATIONS
(a) PROCUREMENT PROGRAMS. -- (1) Subsection (a)(2) of section 106 of
the National Defense Authorization Act for Fiscal Years 1988 and 1989
(Public Law 100-180; 101 Stat. 1034) is amended --
(A) by striking out "$976,200,000" in subparagraph (A) and
inserting in lieu thereof "$984,719,000"; and
(B) by striking out "$360,000,000" in subparagraph (B) and
inserting in lieu thereof "$68,596,000".
(2) Subsection (b)(2) of such section is amended --
(A) by striking out "$158,200,000" in subparagraph (A) and
inserting in lieu thereof "$94,873,000"; and
(B) by striking out "$209,000,000" in subparagraph (B) and
inserting in lieu thereof "$199,858,000".
(3) Subsection (c)(2) of such section is amended --
(A) by striking out "$2,215,000,000" in subparagraph (A) and
inserting in lieu thereof "$1,514,638,000"; and
(B) by striking out "$2,090,500,000" in subparagraph (B) and
inserting in lieu thereof "$1,535,225,000".
(4) Subsection (d)(2) of such section is amended --
(A) by striking out "$437,700,000" in subparagraph (A) and
inserting in lieu thereof "$153,114,000"; and
(B) by striking out "$596,300,000" in subparagraph (B) and
inserting in lieu thereof "$431,565,000".
(b) RDT&E PROGRAMS. -- (1) Subsection (a)(2) of section 216 of such
Act (101 Stat. 1051) is amended by striking out "$49,000,000" and
inserting in lieu thereof "$44,661,000".
(2) Subsection (b)(2) of such section is amended --
(A) by striking out "$338,300,000" in subparagraph (A) and
inserting in lieu thereof "$216,054,000"; and
(B) by striking out "$164,700,000" in subparagraph (B) and
inserting in lieu thereof "$70,670,000".
(3) Subsection (c)(2) of such section is amended --
(A) by striking out "$23,700,000" in subparagraph (A) and
inserting in lieu thereof "$22,475,000"; and
(B) by striking out "$24,000,000" in subparagraph (B) and
inserting in lieu thereof "$14,603,000".
SEC. 111. B-2 BOMBER PROGRAM FUNDING AND LIMITATIONS FOR FISCAL YEAR
1990
(a) AMOUNT AUTHORIZED. -- Of the amounts appropriated pursuant to
section 103(a) for procurement of aircraft for the Air Force for fiscal
year 1990 --
(1) not more than $1,663,974,000 may be obligated for
procurement of B-2 aircraft;
(2) not more than $424,800,000 may be obligated for advance
procurement of B-2 aircraft; and
(3) not more than $331,600,000 may be obligated for procurement
of initial spares for B-2 aircraft.
(b) BLOCK 1 FLIGHT TESTING. -- Funds appropriated for fiscal year
1990 for procurement of aircraft for the Air Force may not be obligated
for the procurement of new production B-2 aircraft until --
(1) the planned Block 1 program of flight testing of the B-2
aircraft (consisting of approximately 75 flight test hours and 15
flights) is completed;
(2) the Director of Operational Test and Evaluation of the
Department of Defense --
(A) reviews the Block 1 flight test data;
(B) evaluates the performance of the B-2 aircraft during such
flight testing with respect to issues considered to be "Critical
Operational Issues"; and
(C) submits to the Secretary of Defense a report containing (i)
the results of such review and such evaluation (including the
Director's findings and conclusions concerning such test data),
and (ii) an assessment known as an "Early Operational Assessment";
and
(3) the Secretary of Defense certifies to the congressional
defense committees that no major aerodynamic problem or
flightworthiness problem has been identified during the Block 1
flight testing of the B-2 aircraft.
(c) BLOCK 2 FLIGHT TESTING. -- (1) Funds appropriated for fiscal
year 1990 for procurement of aircraft for the Air Force may not be
obligated for the procurement of B-2 aircraft until Block 2 flight
testing (including testing of low-observables and flying qualities and
performance testing in accordance with the Test and Evaluation Master
Plan approved for the B-2 program) begins.
(2) Of the amounts made available for fiscal year 1990 for the
procurement of B-2 aircraft, not more than 15 percent may be expended
until --
(A) the panel of the Defense Science Board known as the
Low-Observables Panel conducts an independent review of the test
data resulting from early Block 2 flight testing and submits to
the Secretary of Defense a report on the results of that review,
together with the Panel's findings and conclusions, and a period
of seven days elapses after the Secretary receives such report;
and
(B) the Secretary of Defense, after receiving such report,
certifies to the congressional defense committees that --
(i) the results of early Block 2 flight testing of that
aircraft (including testing of low-observables and flying
qualities and performance) are satisfactory; and
(ii) no significant technical or operational problems have been
identified during early Block 2 flight testing.
(3) Not later than seven days after the date on which the Secretary
receives the report under paragraph (2)(A), the Director of Operational
Test and Evaluation shall submit to the Secretary the Director's
evaluation of the results of the Block 2 flight testing to that date.
(d) APPLICATION OF LIMITATIONS AND REQUIREMENTS. -- The limitations
in subsections (b) and (c) apply only to the two new production B-2
aircraft for which funds are provided for fiscal year 1990.
SEC. 112. LIMITATION ON ANNUAL PRODUCTION OF B-2 BOMBER FOR FISCAL
YEARS AFTER FISCAL YEAR 1990
(a) REQUIRED ANNUAL CERTIFICATION. -- Funds appropriated to the
Department of Defense for a fiscal year after fiscal year 1990 may not
be obligated or expended for procurement for new production aircraft
under the B-2 bomber program unless and until the Secretary of Defense
submits to the congressional defense committees the certification
referred to in subsection (b) with respect to that fiscal year.
(b) CERTIFICATION. -- A certification referred to in subsection (a)
for any fiscal year is a certification submitted by the Secretary of
Defense to the congressional defense committees after the beginning of
the fiscal year which is in writing and in unclassified form and in
which the Secretary certifies each of the following:
(1) That the performance milestones for the B-2 aircraft for
the previous fiscal year for both developmental test and
evaluation and operational test and evaluation (as contained in
the latest full performance matrix for the B-2 aircraft program
established under section 232(a) of Public Law 100-456 and section
121 of Public Law 100-180) have been met.
(2) That the B-2 aircraft has a high probability of being able
to perform its intended missions.
(3) That any proposed modification to the performance matrix
referred to in paragraph (1) will be provided in writing in
advance to the congressional defense committees.
(4) That the cost reduction initiatives established for the B-2
program can be achieved (such certification to be submitted
together with details of the savings to be realized).
(5) That the quality assurance practices and fiscal management
controls of the prime contractor and major subcontractors
associated with the B-2 program meet or exceed accepted United
States Government standards.
SEC. 113. ONGOING EVALUATION BY COMPTROLLER GENERAL OF B-2 TEST AND
EVALUATION RESULTS
(a) EVALUATION. -- The Comptroller General of the United States
shall review all test reports and evaluation documents of the Department
of Defense concerning the B-2 aircraft program.
(b) REPORTS. -- The Comptroller General shall submit to Congress
periodic reports setting forth the Comptroller General's findings
resulting from the review under subsection (a). In addition to whatever
other reports the Comptroller General submits under the preceding
sentence, the Comptroller General shall submit a report under that
sentence --
(1) not later than 30 days after the date on which the
Secretary of Defense submits a certification under section
111(b)(3) with respect to Block 1 flight testing or a
certification under section 111(c)(2)(B) with respect to Block 2
flight testing; and
(2) in any fiscal year, not later than 30 days after the date
on which the Secretary of Defense submits a certification under
section 112(a) with respect to that fiscal year.
(c) MATTERS TO BE INCLUDED IN REPORT. -- Each report under
subsection (b) shall include the Comptroller General's evaluation of --
(1) the rigor, realism, and adequacy of the developmental test
and evaluation and the operational test and evaluation activities;
(2) whether such test and evaluation complies with the full
performance matrix described in section 112(b)(1); and
(3) whether threat data as agreed upon within the United States
intelligence community was fully used in the test and evaluation
process.
(d) UNCLASSIFIED SUMMARY. -- Each such report shall include an
unclassified statement containing a summary of the findings of the
Comptroller General with respect to each principal matter discussed in
the report.
SEC. 114. REPORT ON COST, SCHEDULE, AND CAPABILITY
(a) REQUIRED REPORT. -- The Secretary of Defense shall submit to the
congressional defense committees a report on the cost, schedule, and
capability of the B-2 aircraft program. The report shall provide the
following:
(1) An unclassified integrated program schedule for the B-2
aircraft program that includes --
(A) the total cost of the program shown by fiscal year,
including costs (shown by fiscal year) for research and
development, for procurement (including advance procurement,
spares, and modifications), for military construction, for
operation and maintenance, and for personnel (with all such costs
to be expressed in both base year and then year dollars); and
(B) the proposed annual buy rate of B-2 aircraft.
(2) A detailed statement of the mission and requirements for
the B-2 aircraft, including the current and projected capability
(based on threat data as agreed upon within the United States
intelligence community) of the B-2 aircraft to conduct missions
against strategic relocatable targets and to conduct conventional
warfare operations.
(3) A detailed assessment of the performance of the B-2
aircraft, together with a comparison of that performance with the
performance of existing strategic penetrating bombers of the
United States based on threat data as agreed upon within the
United States intelligence community.
(4) A detailed assessment of the technical risks associated
with the B-2 program, particularly those risks associated with the
avionics systems and components of the aircraft.
(b) LIMITATION ON FUNDING UNTIL REPORT SUBMITTED. -- Funds
appropriated to the Department of Defense for fiscal year 1990 may not
be obligated or expended for procurement for new production aircraft
under the B-2 bomber program until the report required by subsection (a)
is submitted to the congressional defense committees.
SEC. 115. ONGOING INDEPENDENT ASSESSMENT OF B-2 AIRCRAFT PROGRAM
(a) INDEPENDENT ASSESSMENT. -- The Secretary of Defense shall
provide for an ongoing independent assessment of the technological
capabilities and performance of the B-2 aircraft. The Secretary shall
appoint a panel of experts and shall use the resources of federally
funded research and development centers (FFRDCs) to conduct the
assessment. The Secretary shall provide the panel such resources as are
necessary, including technical assistance by private contractors and the
United States intelligence community, to assist the panel in conducting
the assessment. Individuals appointed to the panel shall be independent
of the Air Force and shall have no arrangements with the Air Force that
would constitute a conflict of interest.
(b) REPORT. -- The panel shall submit periodic reports of its
findings to Congress. The first such report shall be submitted not
later than April 1, 1990. Subsequent reports shall be submitted every
six months thereafter until B-2 aircraft procurement is completed. Such
reports shall be submitted in both classified and unclassified form.
Each such report shall address the following matters:
(1) The capability of air defenses of the Soviet Union to
defeat the B-2 aircraft during the designed service life of that
aircraft, taking into consideration in particular --
(A) the low radar signature and anticipated performance of the
aircraft;
(B) technological capabilities of the Soviet Union;
(C) developments by the Soviet Union of alternatives to defeat
the B-2 aircraft; and
(D) the estimated cost to the Soviet Union to defeat the B-2
aircraft.
(2) The rationale for building the B-2 aircraft as a manned
penetrating bomber, taking into consideration in particular --
(A) the missions of the aircraft;
(B) the capabilities of the aircraft to complete those
missions; and
(C) the capability of the aircraft to search for, identify, and
destroy strategic relocatable targets.
(3) The opportunity costs associated with the B-2 program as
compared to other available or emerging technologies and
operational concepts that could perform the missions of the B-2
aircraft at lesser costs.
(4) The planned service life of the B-2 aircraft and the
potential for growth in that planned service life through the
incorporation of preplanned product improvements and other
modifications.
(5) The requirements for any follow-on aircraft or system that
incorporates both low observable technology and high speed
maneuverability.
(6) An assessment of the capability of the United States to
defeat, identify, and destroy low observable vehicles, including
manned aircraft and unmanned systems.
SEC. 116. SUBMISSION OF UNCLASSIFIED VERSION OF B-2 PERFORMANCE
MATRIX
The Secretary of Defense shall submit to the congressional defense
committees a report containing an unclassified version of the latest
full performance matrix for the B-2 program established under section
121 of Public Law 100-180 and section 232 of Public Law 100-456. The
report shall be submitted at the same time as the budget of the
President for fiscal year 1991 is submitted to Congress pursuant to
section 1105 of title 31, United States Code.
SEC. 117. REPORTS RELATING TO CORRECTION-OF-DEFICIENCIES CLAUSES IN
B-2 AIRCRAFT PROCUREMENT CONTRACTS
(a) REPORTS REQUIRED. -- The Secretary of Defense shall submit to
the congressional defense committees two reports on the implementation
of the contractor guarantee requirements of section 2403 of title 10,
United States Code, with respect to the B-2 aircraft program. Each such
report shall include the following:
(1) A copy of each so-called "correction of deficiency" clause
in a contract with the prime contractor for the B-2 aircraft
program in effect as of the date of the submission of the report.
(2) The plans of the Department of Defense for meeting the
requirements of subsection (b) of section 2403 of title 10, United
States Code, in future contracts for the procurement of B-2
aircraft, including a copy of any specific contract clause that
has been agreed to by the Air Force and the contractor under that
subsection.
(3) The manner in which inspection or acceptance by the Air
Force will affect the relative liability of the Government and the
contractor --
(A) under the contract clauses referred to in paragraphs (1)
and (2), and
(B) under the plans referred to in paragraph (2) for compliance
with the contractor guarantee requirements referred to in that
paragraph.
(b) SUBMISSION OF REPORTS. -- The first report required by
subsection (a) shall be submitted not later than 30 days after the date
of the enactment of this Act. The second report shall be submitted in
conjunction with the certification under section 111(b)(3).
(c) PROTECTION OF PROPRIETARY INFORMATION. -- The reports required
by this section shall be submitted in classified and unclassified
versions and shall clearly identify any material that contains
proprietary information or other source selection information, the
disclosure of which is restricted by law or regulation.
(d) MODIFICATION OF CORRECTION-OF-DEFICIENCY CLAUSES. -- (1) The
Secretary of the Air Force shall take appropriate steps to ensure --
(A) that the procurement of all B-2 aircraft authorized for
fiscal years 1989 and 1990 is subject to a contractor guarantee
pursuant to section 2403 of title 10, United States Code; and
(B) that the prime contractor for such aircraft is required to
assume a substantially greater responsibility for the cost of
corrective actions required under section 2403(b) of such title
than under existing contracts for B-2 aircraft.
(2) Notwithstanding section 2403(g) of such title, the Secretary may
not negotiate exclusions or limitations on the prime contractor's
financial liability for the cost of corrective action for defects under
section 2403(b) of such title for the B-2 aircraft referred to in
paragraph (1) that would result in the total of such liability for such
costs being less than the total of the contractor's target profit on the
production of such aircraft unless the Secretary determines that the
specific benefits of such exclusions or limitations substantially
outweigh the potential costs.
(3) Whenever the Secretary makes a determination under paragraph (2),
the Secretary shall notify the congressional defense committees of that
determination and shall include in such notification the specific
reasons for such determination and copies of any relevant exclusions or
limitations.
(4) The Secretary shall describe in the reports required by
subsection (a) the steps the Air Force has taken under this subsection.
(5) Nothing in this section shall be construed to require the
renegotiation of any contract in effect on the date of the enactment of
this Act.
SEC. 118. STUDY OF ALTERNATIVE B-2 AIRCRAFT FORCE STRUCTURES
(a) REQUIREMENT FOR STUDY. -- The Secretary of Defense shall conduct
a comprehensive study of the force structure for the B-2 aircraft.
Under the study, the Secretary shall compare --
(1) the current plan of the Department of Defense to produce
132 B-2 aircraft, with
(2) two alternative plans for production of B-2 aircraft, one
of which would provide for procurement of three wings of B-2
aircraft with a total of 90 to 100 aircraft and the second of
which would provide for procurement of two wings of B-2 aircraft
with a total of 60 to 70 aircraft.
(b) MATTERS TO BE CONSIDERED. -- In conducting the study under
subsection (a), the Secretary of Defense shall determine the
implications of adopting the alternative plans described in subsection
(a)(2) with respect to each of the following:
(1) The cost of the B-2 aircraft program, including --
(A) annual program costs,
(B) total program costs,
(C) 20-year life cycle costs, and
(D) unit and flyaway costs.
(2) The effect on the military and arms control posture of the
United States, including --
(A) strategic nuclear deterrent capabilities,
(B) long-range conventional strike capabilities, and
(C) on-going arms control negotiations and post-treaty force
structures.
(c) REPORT. -- The Secretary shall submit to the congressional
defense committees a report in both classified and unclassified form
containing the results of the study conducted under subsection (a). The
report shall include such comments and recommendations as the Secretary
considers appropriate and shall be submitted not later than March 31,
1990.
SEC. 119. SENSE OF CONGRESS ON PROCUREMENT OF B-2 AIRCRAFT
(a) FINDINGS. -- Congress makes the following findings:
(1) The United States has devoted substantial resources over
the past several decades to the strategic bomber force, including
substantial resources for --
(A) significant upgrades to B-52 aircraft;
(B) research, development, and procurement of B-1 aircraft;
and
(C) research, development, and procurement of air-launched
cruise missiles.
(2) The current estimate of the Department of Defense of a cost
of $70,200,000,000 for acquisition of a force of 132 B-2 aircraft
is predicated on several assumptions, including the achievement of
cost-reduction initiatives, not all of which have been contracted
for.
(3) The life-cycle costs for a force of 132 B-2 aircraft would
be significantly higher than the acquisition cost estimate of
$70,200,000,000.
(4) Funds have been approved for the production of 10 B-2
aircraft through fiscal year 1990, but Congress has not decided
the total number of such aircraft that should be produced.
(5) If a substantial number of B-2 aircraft is not procured,
additional funds could be made available for other important
military programs.
(6) Fiscal year 1990 will constitute the fifth consecutive
fiscal year for which the amount appropriated for national defense
functions of the Government declined (after adjusting for
inflation) from the preceding fiscal year.
(7) Expected limitations on future defense budgets make it
essential that the Nation's defense priorities be carefully
analyzed so as to properly fund the Armed Forces, including the
various elements of the Nation's strategic forces.
(b) SENSE OF CONGRESS. -- In light of the findings in subsection
(a), it is the sense of Congress that --
(1) it is not prudent or possible at this time to commit to a
production rate for the B-2 aircraft higher than the rate under
the low-rate initial production plan;
(2) the contingent authorization of funds in this Act for the
low-rate initial production of two additional B-2 aircraft does
not constitute a commitment to support the procurement of large
numbers of B-2 aircraft, to provide funding in subsequent years
for rate production of B-2 aircraft, or to approve a multiyear
procurement of B-2 aircraft; and
(3) before a commitment is made to proceed with initial
full-rate production of the B-2 aircraft, the President and
Congress should carefully consider (based upon the assumption of a
START regime that uses the Reykjavik counting rule for bombers,
upon the assumption of a START regime that uses alternative rules
for counting bombers, and upon the assumption of no START treaty)
the desirability and feasibility of --
(A) structuring the strategic bomber force of the United States
in such a manner that primary reliance would be placed upon
bombers carrying cruise missiles rather than bombers having
strictly a penetrating role; and
(B) pursuing options for the procurement of significantly fewer
than 132 B-2 aircraft so that, if a decision is made in the future
to procure an operational force of B-2 aircraft, the total
acquisition and life-cycle cost of the B-2 aircraft program would
be reduced.
SEC. 121. LIMITATIONS ON B-1B ELECTRONIC COUNTERMEASURES RECOVERY
PROGRAM
(a) GENERAL LIMITATION. -- The Secretary of the Air Force may
proceed with the recovery program for the B-1B aircraft electronic
countermeasures (ECM) system only in accordance with this section.
(b) REQUIREMENT FOR TESTING PROGRAM. -- (1) During fiscal years 1990
and 1991, the Secretary of Defense shall conduct a comprehensive program
for the systematic testing of the B-1B avionics modifications.
(2) For purposes of this section, the term "B-1B avionics
modifications" means the modifications proposed by the Air Force to the
defensive avionics system of the B-1B aircraft consisting of (A) the
"core configuration" modification to the ALQ-161 system, plus (B) the
installation and integration of a radar warning receiver.
(3) Not later than 60 days after the date of the enactment of this
Act, the Secretary shall submit to the congressional defense committees
a detailed plan for the conduct of the systematic testing program
required by paragraph (1). The plan shall include the following:
(A) The planned test schedule for each of the various
components of the defensive avionics system of the B-1B aircraft,
to be tested both singly and in combination with other components
of the defensive and offensive avionics systems for the aircraft.
(B) The objectives of each of the planned tests and the
criteria that will be used to determine whether each such test is
successful, partially successful, or unsuccessful.
(C) An explanation of how those scheduled tests can be used to
estimate the capability of the B-1B aircraft to penetrate air
defenses of the Soviet Union, including both single and multiple
air defense threats.
(c) MODIFICATIONS TO B-1B AIRCRAFT. -- (1) The Secretary of the Air
Force may modify not more than six B-1B aircraft to incorporate the B-1B
avionics modifications.
(2) The aircraft that are so modified shall be used to conduct the
test program required by subsection (b). The test program shall be
carried out in accordance with the plan submitted under subsection
(b)(3).
(3) Except as provided in paragraph (4), no B-1B aircraft other than
those modified pursuant to paragraph (1) may be modified to incorporate
the B-1B avionics modifications until the test program required by
subsection (b) is completed.
(4) The Secretary may modify the avionics systems of the first 19
B-1B production aircraft to bring those aircraft to the current avionics
configuration of the balance of the B-1B fleet.
(d) BIMONTHLY STATUS REPORTS. -- (1) The Secretary of Defense shall
submit to the congressional defense committees a report every two months
with respect to the test program under subsection (b). Each such report
shall indicate whether the tests scheduled in the test plan to be
carried out after the date of the submission of the preceding report
under this subsection --
(A) have been carried out as scheduled and otherwise in
accordance with the test plan; and
(B) whether, in the case of each such test, the test was
successful, partially successful, or unsuccessful.
(2) The Secretary shall include in each such report an assessment of
the capability of the B-1B aircraft to meet --
(A) performance objectives;
(B) technical and fiscal objectives; and
(C) significant test milestones.
(3) The first such bimonthly report shall be submitted February 1,
1990. The requirement for the submission of such reports shall cease to
apply when the test program required by this section is completed.
(e) INDEPENDENT ASSESSMENT BY OUTSIDE PANEL. -- (1) Following
completion of the test program under subsection (b)(1), the Secretary of
Defense shall provide for an independent assessment of the capabilities
of the B-1B aircraft to penetrate air defenses of the Soviet Union. The
Secretary shall appoint a panel of experts from the private sector to
conduct the assessment and shall provide the panel with such resources
as are necessary, including technical assistance by private contractors,
to assist the panel in conducting the assessment. Individuals appointed
to the panel shall be independent of the Air Force and shall have no
arrangements with the Air Force that would constitute a conflict of
interest.
(2) The panel --
(A) shall assess the air defense capabilities of the test
aircraft referred to in subsection (c) after they have been
modified with the B-1B avionics modifications; and
(B) on the basis of that assessment, shall determine what the
air defense penetration capabilities of the entire fleet of such
aircraft would be in all of its mission profiles if every aircraft
in the fleet were so modified.
(3) The panel shall estimate the air defense penetration capabilities
of the B-1B aircraft against the threats described --
(A) in the 1981 joint Office of the Secretary of Defense/Air
Force Bomber Alternatives Study;
(B) in the 1986 Strategic Bomber Force Study; and
(C) in the most current threat baseline established by the
intelligence community for estimated Soviet air defenses in the
late 1990s.
(4) The Secretary of Defense shall ensure that individuals serving on
the panel receive the full cooperation of all components of the
Department of Defense in carrying out the functions of the panel under
this section.
(5) The Secretary shall submit to the congressional defense
committees the report of the panel not more than 180 days after the
conclusion of the test program referred to in subsection (b).
(f) FUNDING OF B-1B AVIONICS MODIFICATIONS. -- (1) Subject to the
limitation in paragraph (2), the Secretary may use expired or lapsed
funds --
(A) to carry out the B-1B avionics modifications and the
testing program established in subsections (b) and (c); and
(B) upon completion of such testing program, to carry out the
B-1B avionics modifications on the remainder of the unmodified
B-1B aircraft.
(2) The amount of expired or lapsed funds used for any purpose
related to development, procurement, modification, or repair of B-1B
aircraft (including such amounts of expired or lapsed funds as have been
applied to the B-1B program before the enactment of this Act) may not
exceed $527,100,000.
(3) The use of expired or lapsed funds for the purposes described in
paragraph (1) is subject to section 2782 of title 10, United States Code
(as added by section 1603 of this Act).
(4) Funds for the B-1B recovery program for purposes other than those
stated in paragraph (1), or for such purposes but in excess of the
limitation under paragraph (3), may be provided only by law through the
authorization and appropriation process.
(5) For purposes of this subsection, the term "expired or lapsed
funds" means funds previously appropriated to the Air Force the
availability of which for obligation has expired or lapsed.
(g) ACCESS BY GAO. -- (1) The Secretary of Defense shall ensure that
the General Accounting Office has full, direct, and timely access to the
documentation relating to the recovery program (including test data and
results).
(2) The Comptroller General of the United States shall actively
monitor the recovery program and shall provide periodic reports to the
congressional defense committees on the status and effectiveness of the
program.
SEC. 122. ADVANCED CRUISE MISSILE PROGRAM
Funds appropriated or otherwise made available to the Air Force for
fiscal year 1990 may not be obligated or expended for procurement of
missiles under the Advanced Cruise Missile program until --
(1) there have been at least 10 successful developmental test
flights of the Advanced Cruise Missile; and
(2) the Secretary of Defense certifies to the congressional
defense committees that since June 1, 1989, a minimum of four
flight tests of the Advanced Cruise Missile have been conducted
and that, of those tests, the percentage which were successful is
significantly greater than 50 percent.
SEC. 123. CAP ON NUMBER OF MX MISSILES THAT MAY BE DEPLOYED
The number of MX missiles deployed at any time may not exceed 50.
SEC. 124. REFERENCE TO LIMITATION ON OBLIGATION OF FUNDS FOR MX RAIL
GARRISON PROGRAM
Limitations with respect to the obligation of funds for advance
procurement of long-lead items and initial spare parts for the MX Rail
Garrison program are set forth in section 231.
SEC. 131. F-14 AIRCRAFT PROGRAM
(a) IN GENERAL. -- (1) The Secretary of Defense shall terminate new
production of F-14 aircraft in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of F-14
aircraft.
(b) EXCEPTIONS. -- (1) Subject to subsection (c), the prohibition in
subsection (a)(2) does not apply to --
(A) the modification of, or the acquisition of spare or repair
parts for, F-14 aircraft described in paragraph (2);
(B) completion of the new production aircraft described in
paragraph (2)(B); and
(C) the obligation of not more than $1,175,336,000 from funds
made available pursuant to section 102(a) for the procurement of
not more than 18 new production F-14 aircraft and for payment of
costs necessary to terminate the F-14 aircraft program.
(2) The F-14 aircraft referred to in paragraph (1)(A) are --
(A) F-14 aircraft acquired by the Navy on or before the date of
enactment of this Act;
(B) F-14 new production aircraft for which funds, other than
funds for the procurement of long lead items and other advance
procurement, were obligated before the date of enactment of this
Act and which are delivered to the Navy on or after that date;
and
(C) eighteen F-14 new production aircraft for which funds are
available pursuant to section 102(a).
(c) CONTRACT PROVISIONS. -- (1) Funds appropriated or otherwise made
available to the Department of Defense under this or any other Act may
not be obligated for modification of, or the acquisition of spare or
repair parts for, the F-14 aircraft until the Secretary of Defense
certifies to the congressional defense committees that the Navy and the
prime contractor have entered into a contract that includes a specific
prohibition on the use of any funds made available under the contract
for new production of any aircraft other than new production aircraft
referred to in subparagraph (B) or (C) of subsection (b)(2).
(2) Funds referred to in paragraph (1) may not be obligated for F-14
new production aircraft until the Secretary of Defense certifies to the
congressional defense committees that the Navy and the prime contractor
have entered into a contract that includes the following provisions:
(A) A provision for the termination of the F-14 program and a
provision providing that all termination activities be completed
according to a schedule specified in the contract.
(B) A specific prohibition on the use of funds made available
under the contract for new production of any aircraft other than
new production aircraft referred to in subparagraphs (B) and (C)
of subsection (b)(2).
(C) A provision providing that each aspect of the F-14 new
production aircraft program be terminated as soon as the Navy
determines that continuation of that aspect of the program is no
longer necessary for --
(i) completion of new production aircraft referred to in
subparagraphs (B) and (C) of subsection (b)(2); or
(ii) modification of, or production of spare or repair parts
for, the F-14 aircraft.
(D) A provision providing that the termination schedule
specifically require the prime contractor to disassemble, transfer
to the United States, or otherwise dispose of all special tooling,
test equipment, and technical data of the prime contractor and
subcontractors relating to the F-14 aircraft, except for such
items as are determined by the Navy to be necessary for the
modification or operation and maintenance of F-14 aircraft
referred to in subsection (b).
(E) A provision providing that all termination activities are
to be completed not later than the date of delivery to the Navy of
the last new production aircraft referred to in subsection
(b)(1)(C).
SEC. 132. AH-64 HELICOPTER PROGRAM
(a) IN GENERAL. -- (1) The Secretary of Defense shall terminate new
production of AH-64 aircraft in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of AH-64
aircraft.
(b) EXCEPTIONS. -- (1) The prohibition in subsection (a)(2) does not
apply to --
(A) the modification of, or the acquisition of spare or repair
parts for, AH-64 aircraft described in paragraph (2);
(B) completion of the new production aircraft described in
paragraph (2)(B); and
(C) the obligation of not more than $1,487,527,000 from funds
made available for fiscal years 1990 and 1991 for not more than
132 new production AH-64 aircraft and for payment of costs
necessary to terminate the AH-64 aircraft program.
(2) The AH-64 aircraft referred to in paragraph (1)(A) are --
(A) AH-64 aircraft acquired by the Army on or before the date
of enactment of this Act;
(B) AH-64 new production aircraft for which funds, other than
funds for the procurement of long lead items and other advance
procurement, were obligated before the date of enactment of this
Act and which are delivered to the Army on or after that date;
and
(C) 132 new production AH-64 aircraft for which funds are
available in accordance with subsection (b)(1)(C).
SEC. 133. AHIP SCOUT AIRCRAFT PROGRAM
(a) IN GENERAL. -- (1) The Secretary of Defense shall terminate the
AHIP Scout aircraft program in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of AHIP Scout
aircraft (OH-58 aircraft modified into the configuration specified in
the Army Helicopter Improvement Program described in the Selected
Acquisition Report, dated December 31, 1988, relating to the OH-58
helicopter).
(b) EXCEPTIONS. -- (1) Subject to subsection (c), the prohibition in
subsection (a)(2) does not apply to --
(A) the modification of, or the acquisition of spare or repair
parts for, AHIP Scout aircraft described in paragraph (2);
(B) completion of the installation of AHIP modification kits in
the AHIP Scout aircraft described in paragraph (2)(B); and
(C) the obligation of not more than $195,000,000 from funds
made available pursuant to section 101(a) for the procurement and
installation of AHIP modification kits in not more than 36 AHIP
Scout aircraft and for payment of costs necessary to terminate the
AHIP Scout aircraft program.
(2) The AHIP Scout aircraft referred to in paragraph (1)(A) are --
(A) AHIP Scout aircraft acquired by the Army on or before the
date of enactment of this Act;
(B) AHIP Scout aircraft for which funds, other than funds for
the procurement of long lead items and other advance procurement,
were obligated before the date of enactment of this Act and which
are delivered to the Army on or after that date; and
(C) 36 AHIP Scout aircraft for which funds are available in
accordance with subsection (b)(1)(C).
SEC. 134. F-15E AIRCRAFT PROGRAM
(a) IN GENERAL. -- (1) The Secretary of Defense shall terminate new
production of F-15E aircraft in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of F-15E
aircraft.
(b) EXCEPTIONS. -- (1) The prohibition in subsection (a) does not
apply to the obligation of funds for --
(A) the completion of, the modification of, or the acquisition
of spare or repair parts for, F-15E aircraft described in
paragraph (2); or
(B) the payment of costs necessary to terminate the F-15E
aircraft program.
(2) The F-15E aircraft referred to in paragraph (1)(A) are F-15E
aircraft --
(A) that are acquired by the Air Force before October 1, 1991;
or
(B) for which funds have been obligated for procurement before
October 1, 1991, other than for the procurement of long lead items
and other advance procurement.
SEC. 135. M88A2 RECOVERY VEHICLE PROGRAM
(a) IN GENERAL. -- (1) The Secretary of Defense shall terminate new
production of M88A2 recovery vehicles in accordance with this section.
(2) Except as provided in subsection (b), funds appropriated or
otherwise made available to the Department of Defense pursuant to this
or any other Act may not be obligated for the procurement of M88A2
recovery vehicles.
(b) EXCEPTIONS. -- (1) The prohibition in subsection (a) does not
apply to the obligation of funds for --
(A) the completion of, the modification of, or the acquisition
of spare or repair parts for, M88A2 recovery vehicles described in
paragraph (2); or
(B) the payment of costs necessary to terminate the M88A2
recovery vehicle program.
(2) The M88A2 recovery vehicles referred to in paragraph (1)(A) are
M88A2 recovery vehicles --
(A) that were acquired by the Army before the date of enactment
of this Act; or
(B) for which funds have been obligated for procurement before
the date of the enactment of this Act, other than for the
procurement of long lead items and other advance procurement.
SEC. 136. RECONNAISSANCE AIRCRAFT PROGRAMS
The Secretary of Defense shall terminate the SR-71 reconnaissance
aircraft program and the classified airborne reconnaissance program as
discussed in the classified annex to the joint statement of managers to
accompany the conference report on H.R. 2461 of the One Hundred First
Congress.
SEC. 137. STATUTORY CONSTRUCTION
A provision of law enacted after the date of the enactment of this
Act may not be construed as modifying or superseding any provision of
any of sections 131 through 136 unless that provision specifically
refers to such section and specifically states that such provision of
law modifies or supersedes such section.
SEC. 141. M-1 TANK PROGRAM
(a) DETROIT ARMY TANK PLANT. -- None of the funds appropriated for
the Army for fiscal year 1990 may be obligated to begin the inactivation
or deactivation of the Detroit Army Tank Plant.
(b) BLOCK II MODIFICATION PROGRAM. -- Funds appropriated for the
Army for fiscal year 1990 may not be obligated for long-lead items and
nonrecurring costs for the Block II modification program for the M-1
tank until the Secretary of the Army submits to the Committees on Armed
Services of the Senate and House of Representatives a report with
respect to the program as described in subsection (c).
(c) REPORT ON BLOCK II PROGRAM. -- A report under subsection (b)
shall --
(1) identify the total funding requirements for the Block II
program;
(2) assess the proposed modifications under the program in
terms of the results of the live-fire testing;
(3) describe operational implications of the weight increase
for the M-1 tank under the proposed modifications;
(4) identify decisions in the program that have an effect on
the next generation tank; and
(5) evaluate the overall cost effectiveness of the Block II
modification program.
SEC. 142. RESTRICTION ON FISCAL YEAR 1989 FUNDS FOR
REFUELERS/TANKERS
Of the funds appropriated or otherwise made available to the Army for
fiscal year 1989, not more than $29,000,000 may be available for
purposes of procuring and installing 480 tanker/refueler kits on pallets
for use by heavy trucks configured with the palletized loading system.
SEC. 143. ARMY RECOVERY VEHICLE PROGRAM
(a) TESTING. -- The Secretary of the Army --
(1) shall complete the technical and operational testing of the
Army Improved Recovery Vehicle; and
(2) shall study all potential modifications to the existing
chassis for the M-88 vehicle to perform the mission for the
Improved Recovery Vehicle.
(b) CONDITIONS ON PRODUCTION DECISION. -- The Secretary of the Army
may not make a decision to enter into production during fiscal year 1990
or 1991 for a recovery vehicle for the Army until each of the following
occurs:
(1) Operational testing of the vehicle to be produced is
completed.
(2) The Director of Operational Test and Evaluation certifies
to the Secretary of the Army that the vehicle meets performance
requirements of the Army.
(3) The Secretary of the Army completes --
(A) an analysis of the cost-effectiveness of the vehicle that
supports the proposed production decision; and
(B) an analysis of the cost-effectiveness of a service life
extension program for the existing recovery vehicle.
SEC. 144. REPEAL OF PROCUREMENT REQUIREMENT AND LIMITATION OF FUNDS
FOR THE HEAVY EXPANDED MOBILITY TACTICAL TRUCK
Section 129 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1045) is repealed.
SEC. 145. LIMITATION ON MODIFICATIONS OF CERTAIN SPECIAL OPERATIONS
FORCES AIRCRAFT
(a) LIMITATION. -- Funds appropriated for fiscal year 1990 for
procurement of aircraft for the Army may not be obligated or expended
for modifications for MH-60K and MH-47 helicopters until the Secretary
of the Army certifies in writing to the congressional defense committees
that the cost of any modification, correction of deficiencies, or
retrofit that is required for such aircraft to meet established contract
specifications and overall system performance requirements will not be
borne by the Government.
(b) WAIVER. -- (1) If the Secretary is unable to make the
certification described in subsection (a), the Secretary shall submit to
the congressional defense committees a report on the nature and extent
of any prospective Government risk with respect to the costs of
modifications, corrections, and deficiencies referred to in that
subsection. In the report, the Secretary --
(A) shall set forth the type and degree of risk with respect to
the affected major subsystem of each of the two aircraft; and
(B) shall specify the contractual agreements for any such areas
of risk by affected major subsystem for each aircraft.
(2) Upon the receipt of a report under paragraph (1), the limitation
in subsection (a) shall cease to apply.
SEC. 146. LIMITATION ON ACCEPTANCE OF DELIVERY OF STINGER MISSILES
The Secretary of the Army may not accept delivery of Stinger missiles
that do not conform to all existing performance requirements unless the
Secretary certifies in writing to the congressional defense committees
that the contractor is contractually responsible to modify or retrofit
delivered missiles in order to meet all performance specifications
existing as of the time of delivery at no cost to the Government.
SEC. 147. M109 HOWITZER IMPROVEMENT PROGRAM
The Secretary of the Army may not obligate fiscal year 1990 funds for
the M109 Howitzer Improvement Program until --
(1) the Secretary certifies to the congressional defense
committees that the Army Acquisition Executive has approved the
baseline acquisition program for the Howitzer Improvement Program
that is consistent with the current five-year defense program;
(2) the Secretary submits that baseline report to Congress;
and
(3) the Secretary submits to the committees a report on a
design for a follow-on operational test of the howitzer and the
degree to which the operational and organizational concept for the
howitzer will be validated by that test.
SEC. 148. EQUAL EMPLOYMENT OPPORTUNITIES RELATING TO AN ARMY
CONTRACT
Funds appropriated for procurement of aircraft for the Army for
fiscal year 1990 may not be obligated for the procurement of C-23 Sherpa
aircraft unless the Secretary of the Army secures a commitment from the
contractor that it will support equal employment opportunities in its
employment practices for all individuals irrespective of race, color,
religion, sex, or national origin.
SEC. 151. LIMITATION ON PROCUREMENT OF V-22 OSPREY AIRCRAFT
(a) PROHIBITION. -- None of the funds appropriated for fiscal year
1990 or otherwise made available to the Department of Defense for fiscal
year 1990 pursuant to this Act or any Act enacted after this Act may be
obligated for procurement of V-22 aircraft.
(b) STATUTORY CONSTRUCTION. -- A provision of law enacted after the
date of the enactment of this Act may not be construed as modifying or
superseding any provision of this section unless that provision
specifically refers to such section and specifically states that such
provision of law modifies or supersedes such section.
SEC. 152. PRESERVATION OF DUAL-SOURCE PRODUCTION BASE FOR STANDARD
MISSILE II
The Secretary of the Navy shall carry out the fiscal year 1990
acquisition for the Standard Missile II so as to preserve the existing
dual-source production base for that missile.
SEC. 153. ANNUAL REPORT ON NAVY AIRCRAFT REQUIREMENTS
(a) ANNUAL REPORT REQUIREMENT. -- (1) Chapter 635 of title 10,
United States Code, is amended by adding at the end the following new
section:
"Section 7345. Navy aircraft requirements: annual report
"(a) Not later than September 1 of each year, the Secretary of the
Navy shall submit to the Committees on Armed Services and the Committees
on Appropriations of the Senate and House of Representatives a report
addressing the current and projected aircraft requirements of the Navy
and the plans of the Navy for aircraft acquisition and modernization.
"(b) Each such report shall cover at least the next 10 years and
shall specify the following:
"(1) The number of aircraft, by type, required to fully equip
the current and projected force structure of the Navy and the
Marine Corps.
"(2) The current and projected inventory of each type of
aircraft.
"(3) The current average age of (A) all Navy and Marine Corps
aircraft, (B) all Navy and Marine Corps combat aircraft, and (C)
all carrier-based combat aircraft.
"(4) A list of planned and programmed aircraft acquisition
programs and major aircraft modernization programs, specifying (A)
the approximate numbers of aircraft involved in each program, (B)
the estimated fiscal year in which each program will begin and
end, and (C) the estimated total cost for each program.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"7345. Navy aircraft requirements: annual report.".
(b) INITIAL REPORT. -- Not later than February 1, 1990, the
Secretary of the Navy shall submit to the congressional defense
committees a report containing the information specified in section 7345
of title 10, "10 USC 7345 note" United States Code, as added by
subsection (a).
SEC. 154. FAST SEALIFT SHIP PROGRAM
(a) PROGRAM. -- The Secretary of Defense is authorized to establish
a fast sealift ship program.
(b) REPORT. -- The Secretary of the Navy may not obligate funds for
procurement of ships for the fast sealift ship program until 30 days
after the date on which the Secretary submits to the Committees on Armed
Services of the Senate and House of Representatives a comprehensive
report on the design characteristics for those ships. The report shall
describe in detail the multimission capability of the ships and shall
specify the operational concept for the use of those ships in
contingencies requiring sealift and in routine fleet operations.
SEC. 155. TRANSFER OF A-6 AIRCRAFT TO THE NAVY
The Secretary of the Navy shall transfer all Marine Corps A-6
Intruder aircraft from the Marine Corps to the Navy not later than
September 30, 1994.
SEC. 156. REPORT REGARDING TRIDENT SUBMARINE CONSTRUCTION RATE
(a) REPORT REQUIREMENT. -- The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a written report, in both a classified and unclassified
version, evaluating the practicality and desirability of reducing the
rate at which Trident submarines are procured.
(b) PREPARATION AND CONTENT. -- In preparing the report required by
subsection (a), the Secretary shall consider alternative construction
rates for the Trident submarine, each of which shall provide for a
construction rate slower than one ship per year. The Secretary shall
include in the report with respect to each such alternative rate --
(1) an evaluation of the effect of the alternative rate on --
(A) the availability and capability of the Trident submarine to
perform the mission assigned to it; and
(B) the level and stability of the work force in the naval
shipbuilding industry; and
(2) a discussion of the practicality and desirability of
accelerating the procurement of other vessels for the Navy with
funds saved by using the alternative rate.
(c) TIME FOR SUBMISSION. -- The report required by subsection (a)
shall be submitted concurrently with the submission of the budget for
fiscal year 1991 to Congress pursuant to section 1105 of title 31,
United States Code.
SEC. 161. MC-130H (COMBAT TALON) AIRCRAFT PROGRAM
(a) REQUIRED CERTIFICATION. -- Funds appropriated pursuant to this
Act may not be obligated for the payment of an award fee and the
procurement of contractor-furnished equipment for the MC-130H Combat
Talon aircraft until the Director of Operational Test and Evaluation
determines (and certifies under subsection (c)) that the results of
qualification test and evaluation and of qualification operational test
and evaluation demonstrate that such aircraft is capable of performing
terrain following/terrain avoidance flight profiles as prescribed in the
approved test and evaluation master plan for the Combat Talon II program
dated September 1988.
(b) LIMITATION ON PRODUCTION OPTION FOR AVIONICS INTEGRATION. -- If
the certification under subsection (a) is made after April 30, 1990, the
Secretary of the Air Force may not incur any costs to the Government
when the Secretary executes the production option for avionics
integration for the MC-130H program for fiscal year 1990 in excess of
the costs that the Secretary would have incurred for such purpose in
April 1990.
(c) SUBMISSION OF CERTIFICATION. -- A certification under subsection
(a) shall be submitted in writing to the congressional defense
committees.
SEC. 162. AC-130U GUNSHIP PROGRAM
No funds may be obligated after the date of the enactment of this Act
for procurement of AC-130U Gunship aircraft until the Secretary of the
Air Force certifies in writing to the congressional defense committees
that the cost of any modification, correction of deficiencies, or
retrofit that is required to address and to meet established contract
specifications and performance requirements for AC-130U Gunship aircraft
procured using funds appropriated for the Department of Defense for
fiscal year 1988 or fiscal year 1989 will be borne by the prime
contractor or an appropriate subcontractor.
SEC. 163. AMRAAM MISSILE PROGRAM
(a) LIMITATION ON FUNDING. -- No funds may be obligated to undertake
full-rate production of the Advanced Medium-Range Air-to-Air (AMRAAM)
missile until the Director of Operational Test and Evaluation (pursuant
to section 138 of title 10, United States Code) certifies to the
congressional defense committees that --
(1) all required testing for making the decision to proceed to
full-rate production (as prescribed pursuant to the June 16, 1987
Department of Defense-approved AMRAAM Test and Evaluation Master
Plan) has been conducted; and
(2) the results of that testing demonstrate that (A) the AMRAAM
missile has met all established performance requirements, and (B)
stable missile production design and configuration (including its
software) have been established.
(b) FULL-RATE PRODUCTION DEFINED. -- For purposes of subsection (a),
full-rate production of the AMRAAM missile is production of that missile
at a rate that exceeds 900 production-configured missiles per year.
(c) PRESERVATION OF PRODUCTION CAPABILITY OF OTHER MISSILES. --
During the period beginning on the date of the enactment of this Act and
ending on the date on which the certification required by subsection (a)
is made, the Secretary of Defense shall ensure that production
capability for the AIM-7F/M Sparrow and the AIM-9L/M Sidewinder missiles
is maintained.
SEC. 164. OVER-THE-HORIZON BACKSCATTER RADAR
(a) REQUIREMENTS. -- None of the funds appropriated or otherwise
made available to the Air Force for fiscal year 1990 may be obligated
for acquisition of land for the Central System of the Over-the-Horizon
Backscatter (OTH-B) radar program.
(b) ALASKAN SYSTEM. -- (1) With respect to acquisition of that
portion of the OTH-B radar program known as the Alaskan System, the
Secretary of the Air Force --
(A) shall enter into a type of contract known as a "fixed-price
incentive (firm target) contract" or a "fixed-price incentive
(successive target) contract" (or a similar type of contract that
encourages maximum cost reduction) for the first sector of the
system with funds appropriated for fiscal years 1989 and 1990;
and
(B) shall include in that contract a priced option for the
second sector of such system.
(2) The total value of the ceiling price of that contract for the
first and second sectors of that system may not exceed $530,000,000.
(3) The contract entered into pursuant to paragraph (1) shall provide
for all of the prime-mission equipment, software, construction, site
activation activities, and required system capabilities for that system.
(c) REPORT BY THE SECRETARY OF DEFENSE. -- No funds may be obligated
for the Alaskan System referred to in subsection (b) until the Secretary
of Defense submits to the congressional defense committees a report on
the results of development test and evaluation of the East Coast System,
including the results of integrated three-sector tests.
(d) REPORT BY DIRECTOR OF OT&E. -- The Director of Operational Test
and Evaluation of the Department of Defense shall submit to the
congressional defense committees a report certifying whether the test
results of the integrated initial operational evaluation conducted with
the three East Coast System sectors of the OTH-B radar system
demonstrate that the East Coast System sectors meet all contract
requirements and performance specifications relevant to operational test
and evaluation, including any specifications for the system relating to
small target detection capability. The report shall be submitted not
later than September 1, 1990.
SEC. 165. MILSTAR PROGRAM
(a) INFORMATION TO BE SUBMITTED TO CONGRESS. -- Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees the
following with respect to the Military Satellite and Terminal Relay
(MILSTAR) system:
(1) A Selected Acquisition Report on the total program.
(2) A comprehensive master plan for the MILSTAR program setting
forth --
(A) the MILSTAR program requirements;
(B) the Department of Defense acquisition strategy for the
program; and
(C) Department of Defense plans relating to program execution,
program schedule, program management, and program architecture.
(3) An analysis of the feasibility of establishing a cost
sharing plan among all potential users of the MILSTAR system.
(b) LIMITATION ON PROCEEDING WITH PROGRAM. -- (1) Funds appropriated
or otherwise available to the Department of Defense may not be obligated
for the MILSTAR program after April 1, 1990, unless the Secretary of
Defense certifies to the congressional defense committees that the
Department of Defense has complied with all conditions for the MILSTAR
program specified in the classified annex to the joint statement of
managers accompanying the conference report on the bill H.R. 2461 of the
Hundred First Congress.
(2) Until the congressional defense committees receive all of the
matters referred to in subsection (a), the Secretary of Defense may not
obligate more than 75 percent of the funds appropriated pursuant to this
Act for the MILSTAR program (other than for satellite communications
ship terminals, satellite communications shore terminals, and extremely
high frequency satellite communications).
SEC. 166. LIMITATION ON FUNDS FOR PROCUREMENT OF F-16 AIRCRAFT
PENDING APPROVAL OF CERTAIN PLANS RESPECTING AIR-LAND FIRE SUPPORT FOR
GROUND COMBAT FORCES
(a) LIMITATION ON EXPENDITURES FOR F-16 AIRCRAFT. -- If by April 1,
1990, the Secretary of Defense does not submit to the congressional
defense committees a report in writing containing a certification
described in subsection (b), then after that date funds appropriated
pursuant to this Act may not be expended for the procurement of F-16
aircraft until such a report is submitted to those committees.
(b) CERTIFICATION. -- A certification referred to in subsection (a)
is a certification by the Secretary of Defense of both of the following:
(1) That the Director of Operational Test and Evaluation of the
Department of Defense --
(A) has approved a test plan for the evaluation of systems for
providing air-land fire support for ground combat forces systems
that is sufficiently flexible to allow for evaluation of any
current system and any feasible future system for such purpose;
and
(B) has approved a test plan for the evaluation of both the
upgrade program proposed for the F-16 aircraft and the upgrade
program proposed for the A-10 aircraft for close air support
(including night time operations).
(2) That any fixed-wing aircraft operated after July 1, 1990,
at the National Training Center at Fort Irwin, California, will be
fully integrated into the range instrumentation system to the same
extent as attack helicopters.
SEC. 171. RESTRICTION ON OBLIGATION OF FUNDS FOR PROCUREMENT OF
BINARY CHEMICAL MUNITIONS
(a) 155-MILLIMETER BINARY CHEMICAL MUNITIONS. -- None of the funds
appropriated or otherwise made available for fiscal year 1990 for
procurement of ammunition for the Army may be used for production of
155-millimeter binary chemical munition M687 projectiles until --
(1) the Secretary of the Army submits to the congressional
defense committees a certification described in subsection (b);
and
(2) a period of two weeks elapses after the date on which such
certification is received.
(b) REQUIRED CERTIFICATION. -- A certification by the Secretary of
the Army under subsection (a) must state --
(1) that, based on deliveries of M20 plastic, M20 steel, and
M21 components of the M687 projectile accepted by the Government
from the incumbent contractor --
(A) the incumbent contractor has demonstrated monthly delivery
rates of those components sufficient to eliminate before October
1, 1990, the production backlog of all those components for the
M687 rounds authorized for production for fiscal years 1986, 1987,
and 1988;
(B) the components and rounds for which delivery has been
accepted conform to the contract specifications at the time that
the Government entered into the contract; and
(C) the incumbent contractor has sustained those monthly
delivery rates for such components for a period of not less than
three consecutive months; and
(2) that the new production lines at Pine Bluff Arsenal,
Arkansas, for the production of chemicals for the M687 projectile
have been proven out and the Secretary of the Army has formally
accepted the facility housing those production lines.
(c) MONTHLY GAO REPORTS. -- Not later than February 1, 1990, and not
later than the first day of each month thereafter, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the previous month's production rate for the M20
plastic, M20 steel, and M21 components of the M687 projectile and on the
status of the production backlog for fiscal years 1986, 1987, and 1988
for those components. The Comptroller General shall continue submitting
such reports until he certifies to those committees either that the
production backlog for those components has been eliminated or that
production of the components has been terminated.
(d) FINAL GAO CERTIFICATION. -- Not later than two weeks after a
certification is submitted under subsection (a), the Comptroller General
of the United States shall submit to the congressional defense
committees a report containing the Comptroller General's assessment of
whether the monthly delivery rates referred to in subsection (b)(1)
demonstrate that there are reasonable grounds to believe that the
incumbent contractor will continue to deliver at those monthly rates in
order to eliminate the backlog of deliveries by October 1, 1990.
(e) EXCEPTION FOR CERTAIN LONG-LEAD MATERIALS. -- The limitation in
subsection (a) shall not apply with respect to the obligation of funds
(not in excess of $2,000,000) for long-term lead materials to support
procurement of plastics for cannister production for the M687
projectile.
SEC. 172. CHEMICAL MUNITIONS EUROPEAN RETROGRADE PROGRAM
(a) LIMITATIONS ON RETROGRADE PROGRAM. -- The Secretary of Defense
may not obligate any funds appropriated for fiscal year 1990 for the
purpose of carrying out the chemical munitions European retrograde
program involving the withdrawal from Europe of chemical munitions until
each of the following occurs:
(1) The Secretary submits to the Committees on Armed Services
of the Senate and House of Representatives a certification --
(A) that an adequate United States binary chemical munitions
stockpile will exist before any withdrawal of the existing
stockpile from its present location in Europe is carried out; and
(B) that the plan for such retrograde program is based on --
(i) minimum technical risk;
(ii) minimum operational risk; and
(iii) maximum safety to the public.
(2) The Secretary submits to those committees a revised concept
plan for such retrograde program that includes a description of --
(A) the full budgetary effect of the retrograde program; and
(B) the potential effect of the retrograde program on the
chemical demilitarization program.
(b) LIMITATION ON TRANSFER OF FUNDS. -- The Secretary of Defense may
not transfer any funds from the chemical demilitarization emergency
response program for the retrograde program referred to in subsection
(a).
SEC. 173. CHEMICAL DEMILITARIZATION CRYOFRACTURE PROGRAM
(a) PROGRAM. -- The Secretary of Defense, to the extent funds are
available for the purpose, shall proceed as expeditiously as possible
with the project to develop an operational cryofracture facility at the
Tooele Army Depot, Utah.
(b) USE OF FISCAL YEAR 1989 FUNDS. -- Of the amount authorized and
appropriated for fiscal year 1989 for the chemical demilitarization
program, $16,300,000 shall be obligated immediately for continued
research and development testing of the cryofracture program.
SEC. 201. AUTHORIZATION OF APPROPRIATIONS
(a) FISCAL YEAR 1990. -- Funds are hereby authorized to be
appropriated for fiscal year 1990 for the use of the Armed Forces for
research, development, test, and evaluation as follows:
(1) For the Army, $5,666,210,000.
(2) For the Navy, $9,901,897,000.
(3) For the Air Force, $13,938,679,000.
(4) For the Defense Agencies, $8,436,986,000, of which --
(A) $211,200,000 is authorized for the activities of the Deputy
Director, Defense Research and Engineering (Test and Evaluation);
and
(B) $67,085,000 is authorized for the Director of Operational
Test and Evaluation.
(b) FISCAL YEAR 1991. -- Funds are hereby authorized to be
appropriated for fiscal year 1991 for the use of the Armed Forces for
research, development, test, and evaluation as follows:
(1) For the Army, $5,791,042,000.
(2) For the Navy, $8,414,683,000.
(3) For the Air Force, $11,305,240,000.
(4) For the Defense Agencies, $4,264,161,000, of which --
(A) $150,734,000 is authorized for the activities of the Deputy
Director, Defense Research and Engineering (Test and Evaluation);
and
(B) $25,834,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT FOR
FISCAL YEARS 1990 AND 1991
(a) FISCAL YEAR 1990. -- Of the amounts authorized to be
appropriated pursuant to section 201 for fiscal year 1990,
$3,510,196,000 shall be available for basic research and exploratory
development projects.
(b) FISCAL YEAR 1991. -- Of the amounts appropriated pursuant to
section 201 for fiscal year 1991, $3,770,000,000, shall be available for
basic research and exploratory development projects.
(c) BASIC RESEARCH AND EXPLORATORY DEVELOPMENT DEFINED. -- For
purposes of this section, the term "basic research and exploratory
development" means work funded in program elements for defense research
and development under Department of Defense category 6.1 or 6.2.
SEC. 203. AMOUNTS FOR IMPROVED INFANTRY EQUIPMENT
Of the amounts authorized to be appropriated pursuant to section 201
for fiscal year 1990, amounts shall be available to increase the
effectiveness of small infantry units through the development of
improved weapons and equipment as follows:
For the Army, $18,000,000.
For the Marine Corps, $12,000,000.
SEC. 211. BALANCED TECHNOLOGY INITIATIVE
(a) AMOUNTS AUTHORIZED. -- Of the amounts authorized to be
appropriated pursuant to section 201 for fiscal year 1990, $238,082,000
shall be available for research and development under the Balanced
Technology Initiative program.
(b) DETERMINATION OF SOURCE OF FUNDS. -- The Secretary of Defense
shall determine the amount of funds appropriated to the Army, Navy, Air
Force, and Defense Agencies pursuant to section 201 for fiscal year 1990
that are to be allocated for the Balanced Technology Initiative.
(c) PROHIBITION REGARDING UNDISTRIBUTED REDUCTIONS. -- No portion of
any undistributed reduction (under this Act or any other Act) may be
applied against the funds specified in subsection (a) or against any
funds made available for the Balanced Technology Initiative for fiscal
year 1990 that are in addition to the amount specified in subsection
(a).
(d) PROHIBITION ON USE OF FUNDS FOR SDI. -- None of the funds made
available for the Balanced Technology Initiative by subsection (a) may
be used in connection with any program, project, or activity in support
of the Strategic Defense Initiative.
(e) ANNUAL REPORT. -- Not later than March 15 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Balanced Technology Initiative and related
matters. Each such report shall include the following:
(1) A current assessment of the extent to which advanced
technologies can be used to exploit potential vulnerabilities of
hostile threats to the national security of the United States.
(2) Identification of each program, project, and activity being
pursued under the Balanced Technology Initiative and, with respect
to each such program, project, and activity, the amount made
available pursuant to this section and the source of such amount.
(3) For each program, project, and activity for which funds are
made available pursuant to this section, a five-year funding plan
that (A) provides for the allocation of sufficient resources to
maintain adequate progress in research and development under such
program, project, or activity, and (B) specifies the major
programmatic and technical milestones and the schedule for
achieving those milestones.
(4) The status of each program, project, and activity being
pursued under the Balanced Technology Initiative.
(5) Identification of other on-going or potential research and
development programs, projects, and activities not currently
provided for under this section that should be considered for
inclusion under the Balanced Technology Initiative in order to
improve conventional defense capabilities.
(6) Identification of the most critical technologies for the
successful development of existing or potential Balanced
Technology Initiative programs, projects, and activities and an
assessment of the current status of those technologies.
SEC. 212. INTEGRATED ELECTRIC DRIVE PROGRAM
(a) INTEGRATED ELECTRIC DRIVE PROGRAM. -- The Secretary of the Navy
is authorized to establish an Integrated Electric Drive program by
merging the Ship Propulsion System program and the Shipboard System
Component program with the Electric Drive program for the purpose of
providing Integrated Electric Drive propulsion in the DDG-51 guided
missile destroyer program.
(b) FUNDING. -- Of the amount authorized to be appropriated pursuant
to section 201 for the Navy for fiscal year 1990, $36,064,000 shall be
available for the Integrated Electric Drive program.
SEC. 213. FAST SEALIFT TECHNOLOGY DEVELOPMENT PROGRAM
(a) NEW PROGRAM. -- The Secretary of the Navy is authorized to
establish a Fast Sealift Technology Development program for the purposes
of completing, within 24 months after the date of the enactment of this
Act, the technology development program described in the January 1989
report of the Secretary to Congress entitled "Fast Sealift Program
Technology Assessment Report".
(b) FUNDING. -- Of the amount authorized to be appropriated pursuant
to section 201 for the Navy for fiscal year 1990, $15,000,000 shall be
available for the Fast Sealift Technology Development program.
SEC. 214. TACTICAL OCEANOGRAPHY PROGRAM
(a) NEW PROGRAM. -- The Secretary of the Navy is authorized to
establish a Tactical Oceanography program to accelerate uses of
scientific measurement and data collection devices and processes for the
purpose of rapid tactical applications.
(b) FUNDING. -- Of the amount authorized to be appropriated pursuant
to section 201 for the Navy for fiscal year 1990, $3,000,000 shall be
available for the Tactical Oceanography program.
SEC. 215. GRANT FOR SEMICONDUCTOR COOPERATIVE RESEARCH PROGRAM
Of the amount authorized to be appropriated pursuant to section
201(a) for fiscal year 1990 for Defense Agencies, $100,000,000 shall be
available to make grants under section 272 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100-180;
15 U.S.C. 4602).
SEC. 216. ARMY HEAVY FORCE MODERNIZATION PROGRAM
(a) FUNDING. -- Of the amount authorized to be appropriated pursuant
to section 201 for the Army for fiscal year 1990, $58,000,000 shall be
available to the Secretary of the Army for competitive development of
Advanced Technology Transition Demonstrators (ATTDs) for a common
chassis for the Heavy Force Modernization program of the Army.
(b) LIMITATION ON USE OF FUNDING. -- No funds may be obligated for
such competitive development until --
(1) the Milestone I decision to proceed with demonstration and
validation for the Heavy Force Modernization program is made by
the appropriate official of the Department of Defense (upon
consideration of the recommendation of the Defense Acquisition
Board for that program) and such decision includes proceeding with
development of Advanced Technology Transition Demonstrators for
the common chassis for that program; and
(2) after such decision, the Secretary of Defense submits to
the Committees on Armed Services of the Senate and House of
Representatives a report described in subsection (c).
(c) REPORT. -- The report referred to in subsection (b)(2) is a
report by the Secretary of Defense containing the following:
(1) A description of the decisions referred to in subsection
(b)(1), including a description of the demonstration and
validation program approved.
(2) An updated Interagency Intelligence Memorandum providing
current estimates (prepared within the 12 months preceding the
date of the report) for production, and for operational
capabilities, of future tanks of the Soviet Union.
(3) Detailed cost estimates and schedules for research,
development, test, and evaluation, and for procurement, for all
programs expected to use the common chassis to be selected
pursuant to the competitive development under subsection (a) and
explanations for the order in which those programs are to proceed
through research, development, test, and evaluation and
procurement.
(4) A description of the criteria to be used by the Secretary
of Defense in determining whether --
(A) to proceed with a new tank program (for replacement of the
M1 tank) using the common chassis to be selected pursuant to the
competitive development under subsection (a); or
(B) to produce an M1A3 tank.
(5) The results of the review conducted under subsection (d).
(d) REVIEW OF ENGINE ACQUISITION PLAN. -- (1) The Secretary of
Defense, acting through an appropriate official of the Office of the
Secretary of Defense designated by the Secretary, shall conduct a
detailed review of the acquisition plan of the Department of the Army
for the engine to be acquired for the common chassis to be selected
pursuant to the competitive development under subsection (a).
(2) The review of such plan shall include a review of --
(A) the Transverse Mounted Engine Propulsion System;
(B) the Advanced Integrated Propulsion System; and
(C) derivatives of commercially developed engine systems.
(3) The review should determine --
(A) whether the schedule for development of the Advanced
Technology Transition Demonstrator for the common chassis is
consistent with the availability of engines; and
(B) whether such acquisition plan provides for the maximum
competition between all alternatives.
SEC. 217. JOINT RESEARCH PROJECT ON MAGNETOENCEPHALOGRAPHY (MEG) AND
NEUROMAGNETISM
Of the amounts appropriated pursuant to section 201 for fiscal year
1990, $250,000 may be used for the joint research project of the
Department of the Army and the Department of Energy on
magnetoencephalography (MEG) and neuromagnetism.
SEC. 218. V-22 OSPREY AIRCRAFT PROGRAM
Of the amount appropriated pursuant to section 201(a) or otherwise
made available to the Navy for fiscal year 1990, not more than
$255,000,000 may be obligated for research, development, test, and
evaluation in connection with the V-22 aircraft program.
SEC. 219. BIODEGRADABLE MATERIALS RESEARCH
Of the amount appropriated pursuant to section 201 for the Army for
fiscal year 1990, not more than $100,000 may be obligated for the
purpose of continuing the research into the potential use of
biodegradable materials in ration packaging designs. The Army Natick
Research, Development, and Engineering Center shall be the responsible
agency for such research.
SEC. 221. FUNDING FOR THE STRATEGIC DEFENSE INITIATIVE FOR FISCAL
YEAR 1990
(a) AMOUNT AUTHORIZED. -- Of the amounts appropriated pursuant to
section 201 for fiscal year 1990 or otherwise made available to the
Department of Defense for research, development, test, and evaluation
for fiscal year 1990, not more than $3,573,202,000 may be obligated for
the Strategic Defense Initiative.
(b) MANAGEMENT HEADQUARTERS SUPPORT. -- Of the amount available for
the Strategic Defense Initiative pursuant to subsection (a), not more
than $23,000,000 shall be available for Management Headquarters Support.
(c) FUNDS FOR SUPPORT OF MEDICAL, FREE ELECTRON LASER PROGRAM. -- Of
the amounts appropriated for fiscal years 1990 and 1991 that are
available for the Strategic Defense Initiative, not more than
$20,000,000 of that amount for each such year may be used to support the
medical free electron laser program.
SEC. 222. REPORT ON ALLOCATION OF FISCAL YEAR 1990 SDI FUNDING
(a) REPORT. -- The Secretary of Defense shall submit to the
congressional defense committees a report on the allocation of funds
appropriated for the Strategic Defense Initiative for fiscal year 1990.
The report shall specify the amount of such funds allocated for each
program, project, or activity of the Strategic Defense Initiative.
(b) DEADLINE FOR REPORT. -- The report required by subsection (a)
shall be submitted not later than 90 days after the date of the
enactment of legislation appropriating funds for the Strategic Defense
Initiative for fiscal year 1990.
SEC. 223. LIMITATION ON DEVELOPMENT AND TESTING OF ANTIBALLISTIC
MISSILE SYSTEMS OR COMPONENTS
(a) USE OF FUNDS. -- (1) Funds appropriated or otherwise made
available to the Department of Defense for fiscal year 1990, or any
fiscal year before 1990, shall be subject to the limitations prescribed
in paragraph (2).
(2) Funds described in paragraph (1) may not be obligated or expended
--
(A) for the development or testing of any antiballistic missile
system or component, except for development and testing consistent
with the development and testing described in the 1989 SDIO
Report; or
(B) for the acquisition of any material or equipment (including
any long lead materials, components, piece parts, test equipment,
or any modified space launch vehicle) required or to be used for
the development or testing of antiballistic missile systems or
components, except for material or equipment required for
development or testing consistent with the development and testing
described in the 1989 SDIO Report.
(3) The limitation in paragraph (2) shall not apply to funds
transferred to or for the use of the Strategic Defense Initiative for
fiscal year 1990 if the transfer is made in accordance with section 1601
of this Act.
(b) DEFINITION. -- As used in this section, the term "1989 SDIO
Report" means the report entitled, "1989 Report to Congress on the
Strategic Defense Initiative," dated January 19, 1989, prepared by the
Strategic Defense Initiative Organization and submitted to certain
committees of the Senate and House of Representatives by the Secretary
of Defense pursuant to section 231 of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1059;
10 U.S.C. 2431 note).
SEC. 224. REQUIREMENT FOR ANNUAL REPORT ON SDI PROGRAMS
(a) REPORT REQUIRED. -- "10 USC 2431 note" Not later than March 15
of each year, the Secretary of Defense shall transmit to Congress a
report (in both unclassified and classified form) on the programs and
projects that constitute the Strategic Defense Initiative and on any
other program or project relating to defense against ballistic missiles.
(b) CONTENT OF REPORT. -- Each such report shall include the
following:
(1) A statement of the basic strategy for research and
development being pursued by the Department of Defense under the
Strategic Defense Initiative (SDI), including the relative
priority being given, respectively, to the development of
near-term deployment options and research on longer-term
technological approaches.
(2) A detailed description of each program or project which is
included in the Strategic Defense Initiative or which otherwise
relates to defense against strategic ballistic missiles, including
a technical evaluation of each such program or project and an
assessment as to when each can be brought to the stage of
full-scale engineering development (assuming funding as requested
or programmed).
(3) A clear definition of the objectives of each planned
deployment phase of the Strategic Defense Initiative or defense
against strategic ballistic missiles.
(4) An explanation of the relationship between each such phase
and each program and project associated with the proposed
architecture for that phase.
(5) The status of consultations with other member nations of
the North Atlantic Treaty Organization, Japan, and other
appropriate allies concerning research being conducted in the
Strategic Defense Initiative program.
(6) A statement of the compliance of the planned SDI
development and testing programs with existing arms control
agreements, including the 1972 Anti-Ballistic Missile Treaty.
(7) A review of possible countermeasures of the Soviet Union to
specific SDI programs, an estimate of the time and cost required
for the Soviet Union to develop each such countermeasure, and an
evaluation of the adequacy of the SDI programs described in the
report to respond to such countermeasures.
(8) Details regarding funding of programs and projects for the
Strategic Defense Initiative (including the amounts authorized,
appropriated, and made available for obligation after
undistributed reductions or other offsetting reductions were
carried out), as follows:
(A) The level of requested and appropriated funding provided
for the current fiscal year for each program and project in the
Strategic Defense Initiative budgetary presentation materials
provided to Congress.
(B) The aggregate amount of funding provided for previous
fiscal years (including the current fiscal year) for each such
program and project.
(C) The amount requested to be appropriated for each such
program and project for the next fiscal year.
(D) The amount programmed to be requested for each such program
and project for the following fiscal year.
(E) The amount required to reach the next significant milestone
for each demonstration program and each major technology program.
(9) Details on what Strategic Defense Initiative technologies
can be developed or deployed within the next 5 to 10 years to
defend against significant military threats and help accomplish
critical military missions. The missions to be considered include
the following:
(A) Defending elements of the Armed Forces abroad and United
States allies against tactical ballistic missiles, particularly
new and highly accurate shorter-range ballistic missiles of the
Soviet Union armed with conventional, chemical, or nuclear
warheads.
(B) Defending against an accidental launch of strategic
ballistic missiles against the United States.
(C) Defending against a limited but militarily effective attack
by the Soviet Union aimed at disrupting the National Command
Authority or other valuable military assets.
(D) Providing sufficient warning and tracking information to
defend or effectively evade possible attacks by the Soviet Union
against military satellites, including those in high orbits.
(E) Providing early warning and attack assessment information
and the necessary survivable command, control, and communications
to facilitate the use of United States military forces in defense
against possible conventional or strategic attacks by the Soviet
Union.
(F) Providing protection of the United States population from a
nuclear attack by the Soviet Union.
(G) Any other significant near-term military mission that the
application of SDI technologies might help to accomplish.
(10) For each of the near-term military missions listed in
paragraph (9), the report shall include the following:
(A) A list of specific program elements of the Strategic
Defense Initiative that are pertinent to such mission.
(B) The Secretary's estimate of the initial operating
capability dates for the architectures or systems to accomplish
such missions.
(C) The Secretary's estimate of the level of funding necessary
for each program to reach those initial operating capability
dates.
(D) The Secretary's estimate of the survivability and cost
effectiveness at the margin of such architectures or systems
against current and projected threats from the Soviet Union.
SEC. 231. FUNDING AND LIMITATIONS FOR ICBM MODERNIZATION PROGRAM
(a) OVERALL OBLIGATIONAL LIMITATION. -- Of the amounts appropriated
for the Department of Defense for fiscal year 1990 pursuant to this Act,
not more than $1,131,700,000 may be obligated for the activities
described in subsection (b) for the intercontinental ballistic missile
(ICBM) modernization program.
(b) COVERED ICBM MODERNIZATION ACTIVITIES. -- The activities
referred to in subsection (a) are the following:
(1) Research, development, test, and evaluation in connection
with the MX Rail Garrison program and the Small ICBM program.
(2) Advance procurement of long-lead items for the MX Rail
Garrison program.
(3) Advance procurement of initial spare parts for the MX Rail
Garrison program.
(4) Procurement of operational Mark 21 reentry systems.
(5) Military construction at the F. E. Warren Air Force Base,
Wyoming, in connection with the MX Rail Garrison program.
(c) MAXIMUM AMOUNTS THAT MAY BE OBLIGATED FOR MODERNIZATION
ACTIVITIES. -- The maximum amount that may be obligated for each
activity described in subsection (b) from amounts appropriated for the
Department of Defense for fiscal year 1990 pursuant to this Act is as
follows:
(1) For the activity described in subsection (b)(1), a total of
$874,244,000.
(2) For the activity described in subsection (b)(2),
$163,607,000.
(3) For the activity described in subsection (b)(3),
$58,999,000.
(4) For the activity described in subsection (b)(4),
$80,000,000.
(5) For the activity described in subsection (b)(5),
$104,850,000.
(d) TRANSFER AUTHORITY; LIMITATION. -- (1) The Secretary of Defense
may transfer funds made available for fiscal year 1990 for any activity
referred to in subsection (b) to any other activity referred to in that
subsection, except that in no case may the total amount obligated from
fiscal year 1990 defense funds for that activity exceed the amount
specified for that activity in subsection (c).
(2) An amount transferred pursuant to this subsection may be used
only in connection with the activity to which transferred and shall be
merged with other funds made available for that activity for fiscal year
1990.
(3) An amount transferred pursuant to this subsection shall not be
counted against the maximum amount authorized to be transferred pursuant
to this Act under section 1601(a).
(e) USE OF UNOBLIGATED FY 1989 FUNDS. -- The Secretary of the Air
Force shall use $100,000,000 of amounts appropriated for research,
development, test, and evaluation for the Air Force for fiscal year 1989
that remain available for obligation to carry out research, development,
test, and evaluation in connection with the Small ICBM program.
(f) REPORT TO CONGRESS. -- Not later than 10 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report specifying the amounts
allocated to each activity referred to in subsection (b) and an
explanation of any transfer of funds made pursuant to subsection (d).
In the case of any such transfer of funds, the report shall include an
identification of the activity or activities from which the funds are
transferred and the activity or activities to which the funds are
transferred.
SEC. 232. FUNDING FOR SECURITY IMPROVEMENTS AT THE KWAJALEIN TEST
RANGE
The Secretary of Defense shall transfer to the Army $7,500,000 from
funds available for research, development, test and evaluation for the
Armed Forces for fiscal year 1990. Funds so transferred shall be
available for the sole purpose of funding highest priority security
improvements at the Kwajalein Test Range. Funds made available for such
purpose shall be in addition to any funds otherwise made available for
the United States Army Kwajalein Atoll Command.
SEC. 233. TITAL IV WEST COAST LAUNCH PAD
(a) PROHIBITION ON OBLIGATION OF FUNDS FOR SLC-7 FACILITY. -- Funds
appropriated or otherwise made available for the Air Force for fiscal
year 1990 may not be obligated or expended in connection with the launch
facility at Vandenberg Air Force Base, California, identified as the
SLC-7 Launch Facility.
(b) LIMITATION ON OBLIGATION OF FUNDS FOR SLC-6 FACILITY. -- (1) Of
the funds appropriated for the Air Force for research, development,
test, and evaluation for fiscal year 1990, not more than $31,200,000
shall be available for conversion of the launch facility at Vandenberg
Air Force Base, California, identified as the SLC-6 Launch Facility, for
launching Titan IV expendable launch vehicles.
(2) Funds appropriated or otherwise made available for the Air Force
for fiscal year 1990 may not be used for a second West Coast launch
capability for Titan IV expendable launch vehicles except for the
conversion of the SLC-6 launch facility to such a capability.
SEC. 241. PROGRAM FOR MONITORING COMPLIANCE WITH POSSIBLE CHEMICAL
WEAPONS CONVENTION
Of the amount authorized to be appropriated pursuant to section 201
for the Defense Agencies for fiscal year 1990, $15,000,000 shall be
available for use only by the Office of the Secretary of Defense to
conduct a program to develop and demonstrate compliance monitoring
capabilities in support of efforts by the United States in the
Conference on Disarmament at Geneva to achieve a verifiable convention
on the prohibition of chemical weapons.
SEC. 242. REPORT ON BIOLOGICAL DEFENSE RESEARCH PROGRAM
(a) REPORT. -- The Secretary of Defense shall submit to the Congress
a report on research, development, test, and evaluation conducted by the
Department of Defense during fiscal year 1989 under the Biological
Defense Research Program. The report shall be submitted in both
classified and unclassified form in conjunction with the submission of
the budget to Congress for fiscal 1991.
(b) CONTENT OF REPORT. -- The report shall address the following
matters:
(1) Each biological or infectious agent used in, or the subject
of, research, development, test, and evaluation conducted under
that program during that fiscal year and not previously listed in
the Center for Disease Control Guidelines.
(2) The biological properties of each such agent.
(3) With respect to each agent, the location at which research,
development, test, and evaluation under that program involving
that agent is conducted and the amount of funds expended during
that fiscal year under the program at that location.
(4) The biosafety level used in conducting that research,
development, test, and evaluation.
(c) TYPES OF RESEARCH AFFECTED. -- Subsection (a) applies to all
research, development, test, and evaluation conducted under the
Biological Defense Research Program by the Department of Defense.
(d) DEFINITION. -- In this section the term "biosafety level" means
the applicable biosafety level described in the publication entitled
"Biosafety in Microbiological and Biomedical Laboratories" (CDC-NIH,
1984).
SEC. 243. RESTORATION OF CERTAIN REPORTING REQUIREMENTS RELATING TO
CHEMICAL AND BIOLOGICAL WARFARE AGENTS
(a) SPECIFIC REPORTS. -- Section 602 of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (100 Stat. 1066; 10
U.S.C. 111 note) is amended --
(1) by striking out subsections (g) and (h) and inserting in
lieu thereof the following:
"(g) PUBLIC LAW 91-121. -- The exception provided in subsection
(d)(3) applies to the following annual report and notifications relating
to chemical or biological warfare agents:
"(1) The annual report required by subsection (a) of section
409 of Public Law 91-121 (50 U.S.C. 1511).
"(2) The notifications required by subsections (b)(4) and
(c)(1) of such section (50 U.S.C. 1512(4), 1513(1)).
"(h) PUBLIC LAW 91-441. -- The exception provided in subsection
(d)(3) applies to the following reports:
"(1) The annual report required by section 203(c) of Public Law
91-141 (10 U.S.C. 2358 note), relating to independent research and
development and bid and proposal programs.
"(2) Reports required by section 506(d) of such public law (50
U.S.C. 1518), relating to the disposal of chemical or biological
warfare agents."; and
(2) by adding at the end the following new subsection:
"(v) PUBLIC LAW 95-79. -- The exception provided in subsection
(d)(3) applies to the notifications required by section 808 of Public
Law 95-79 (50 U.S.C. 1520), relating to chemical or biological warfare
agents.".
(b) CONFORMING AMENDMENT. -- Subsection (d)(3) of such section is
amended by striking out "(u)" and inserting in lieu thereof "(v)".
SEC. 251. ADVANCED RESEARCH PROJECTS
(a) AUTHORITY FOR DARPA COOPERATIVE AGREEMENTS AND OTHER
TRANSACTIONS. -- (1) Chapter 139 of title 10, United States Code, as
amended by section 242(a), is further amended by adding at the end the
following new section:
"Section 2371. Advanced research projects: cooperative agreements
and other transactions
"(a) The Secretary of Defense, in carrying out advanced research
projects through the Defense Advanced Research Projects Agency, may
enter into cooperative agreements and other transactions with any
person, any agency or instrumentality of the United States, any unit of
State or local government, any educational institution, and any other
entity.
"(b)(1) Cooperative agreements and other transactions entered into by
the Secretary under subsection (a) may include a clause that requires a
person or other entity to make payments to the Department of Defense (or
any other department or agency of the Federal Government) as a condition
for receiving support under the agreement or other transaction.
"(2) The amount of any payment received by the Federal Government
pursuant to a requirement imposed under paragraph (1) may be credited,
to the extent authorized by the Secretary of Defense, to the account
established under subsection (e). Amounts so credited shall be merged
with other funds in the account and shall be available for the same
purposes and the same period for which other funds in such account are
available.
"(c) The authority provided under subsection (a) may be exercised
without regard to section 3324 of title 31.
"(d) The Secretary shall ensure that --
"(1) to the maximum extent practicable, a cooperative agreement
or other transaction under this section does not provide for
research that duplicates research being conducted under existing
programs carried out by the Department of Defense;
"(2) to the extent the Secretary determines practicable, the
funds provided by the Government under the cooperative agreement
or other transaction do not exceed the total amount provided by
other parties to the cooperative agreement or other transaction;
and
"(3) the authority under this section is used only when the use
of standard contracts or grants is not feasible or appropriate.
"(e) There is hereby established on the books of the Treasury an
account for support of advanced research projects provided for in
cooperative agreements and other transactions entered into under
subsection (a). Funds in such account shall be available for the
payment of such support.
"(f) Not later than 60 days after the end of each fiscal year, the
Secretary of Defense shall submit to the Committees of Armed Services of
the Senate and House of Representatives a report on all cooperative
agreements and other transactions (other than contracts and grants)
entered into under this section during such fiscal year. The report
shall contain, with respect to each such cooperative agreement and
transaction, the following:
"(1) A general description of the cooperative agreement or
other transaction (as the case may be), including the technologies
for which advanced research is provided for under such agreement
or transaction.
"(2) The potential military and, if any, commercial utility of
such technologies.
"(3) The reasons for not using a contract or grant to provide
support for such advanced research.
"(4) The amount of the payments, if any, referred to in
subsection (b) that were received by the Federal Government in
connection with such cooperative agreement or other transaction
during the fiscal year covered by the report.
"(5) The amount of the payments reported under paragraph (4),
if any, that were credited to the account established under
subsection (e).
"(g) The authority of the Secretary to enter into cooperative
agreements and other transactions under this section expires at the
close of September 30, 1991.".
(2) The table of sections at the beginning of such chapter, as
amended by section 242(a), is further amended by adding at the end the
following new item:
"2371. Advanced research projects: cooperative agreements and other
transactions.".
(b) FUNDING. -- Of the amounts appropriated pursuant to section 201
for the Defense Agencies, not more than $25,000,000 of the funds
appropriated for fiscal year 1990 and not more than $25,000,000 of the
funds appropriated for fiscal year 1991 may be available for the
support, through the Defense Advanced Research Projects Agency, of
advanced research provided for in cooperative agreements and other
transactions authorized by section 2371 of title 10, United States Code
(as added by subsection (a)). That amount shall be credited to the
account established under subsection (e) of such section.
SEC. 252. CLARIFICATION OF REQUIREMENT FOR COMPETITION IN AWARD OF
RESEARCH AND DEVELOPMENT CONTRACTS AND CONSTRUCTION CONTRACTS TO
COLLEGES AND UNIVERSITIES
(a) COMPETITION REQUIREMENT. -- Subsection (a) of section 2361 of
title 10, United States Code, is amended by striking out "unless the
grant" and all that follows through the end of the subsection and
inserting in lieu thereof "unless --
"(1) in the case of a grant, the grant is made using
competitive procedures; and
"(2) in the case of a contract, the contract is awarded in
accordance with section 2304 of this title (other than pursuant to
subsection (c)(5) of that section).".
(b) RESTRICTIONS WITH RESPECT TO SUPERSEDING LEGISLATION. -- (1)
Subsection (b) of such section is amended to read as follows:
"(b)(1) A provision of law may not be construed as modifying or
superseding the provisions of subsection (a), or as requiring funds to
be made available by the Secretary of Defense to a particular college or
university by grant or contract, unless that provision of law --
"(A) specifically refers to this section;
"(B) specifically states that such provision of law modifies or
supersedes the provisions of this section; and
"(C) specifically identifies the particular college or
university involved and states that the grant to be made or the
contract to be awarded, as the case may be, pursuant to such
provision of law is being made or awarded in contravention of
subsection (a).
"(2) A grant may not be made, or a contract awarded, pursuant to a
provision of law that authorizes or requires the making of the grant, or
the awarding of the contract, in a manner that is inconsistent with
subsection (a) until --
"(A) the Secretary of Defense submits to Congress a notice in
writing of the intent to make the grant or award the contract;
and
"(B) a period of 180 days has elapsed after the date on which
the notice is received by Congress.".
(2) Subsection (b) of section 2361 of title 10, United States Code,
"10 USC 2361 note" as amended by paragraph (1), applies with respect to
any provision of law enacted after September 30, 1989.
(c) SEMIANNUAL REPORT. -- (1) Such section is further amended by
adding at the end the following new subsection:
"(c)(1) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a semiannual
report on the use of competitive procedures for the award of research
and development contracts, and the award of construction contracts, to
colleges and universities. Each such report shall include --
"(A) a list of each college and university that, during the
period covered by the report, received more than $1,000,000 in
such contracts through the use of procedures other than
competitive procedures; and
"(B) the cumulative amount of such contracts received during
that period by each such college and university.
"(2) The reports under paragraph (1) shall cover the six-month
periods ending on June 30 and December 31 of each year. Each such
report shall be submitted within 30 days after the end of the period
covered by the report.
"(3) A report is not required under paragraph (1) for any period
beginning after December 31, 1993.".
(2) The first report under subsection (c) of section 2361 of title
10, United States Code, "10 USC 2361 note" as added by paragraph (1),
shall cover the last six months of 1989 and shall be submitted not later
than February 1, 1990.
SEC. 253. EXTENSION OF DEADLINE FOR SELECTION OF HEAVY TRUCK SYSTEM
CONFIGURED WITH PALLETIZED LOADING SYSTEM
Section 259(b) of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1068) is amended by
striking out "24 months after the enactment of this Act" in the first
sentence and inserting in lieu thereof "June 4, 1990".
SEC. 254. TESTING OF INFANTRY ANTI-TANK WEAPON
(a) EVALUATION OF INFANTRY ANTI-TANK WEAPON. -- (1) The Secretary of
the Army shall conduct a side-by-side test and evaluation of the Bofors
Bill weapon system, the Milan weapon system, and the Dragon II weapon
system. On the basis of the performance of those systems in those
tests, the Secretary of the Army shall select the superior weapon
system, giving full consideration to cost effectiveness.
(2) Such test and evaluation shall be conducted, and such selection
shall be made, not later than six months after the date of the enactment
of this Act.
(3) The tests and criteria used for such evaluation shall be
identical to those used for tests under section 114 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 1931) and the associated language on page 303 of the joint
explanatory statement of managers for the bill H.R. 4481 of the 100th
Congress (House Report 100-989 of the 100th Congress).
(b) FUNDING OF TESTS. -- The tests under subsection (a) shall be
funded from --
(1) funds appropriated for fiscal year 1988 for evaluation of
the Bofors Bill system and Milan system which remain unspent;
(2) funds appropriated for fiscal year 1989 for the terminated
Dragon III program which remain unspent; and
(3) other fiscal year 1988 or 1989 funds available to the
Secretary.
(c) INDEPENDENT ASSESSMENTS. -- The Comptroller General of the
United States and the Director of Operational Test and Evaluation of the
Department of Defense shall each conduct an assessment of the
operational tests and evaluations referred to in subsection (a). The
Comptroller General and the Director shall each submit a report on such
assessment to the Committees on Armed Services of the Senate and House
of Representatives not later than two months after the end of the tests.
SEC. 255. FUNDING FOR FACILITY FOR COLLABORATIVE RESEARCH AND
TRAINING FOR MILITARY MEDICAL PERSONNEL; FUNDING FOR MICROELECTRONICS
RESEARCH
(a) FUNDING. -- (1) Of the amounts appropriated pursuant to section
201 for fiscal year 1990, $18,000,000 may be used by the Secretary of
Defense as a contribution toward the construction of a facility as part
of a complex to enable collaborative research and training for
Department of Defense military medical personnel in the following
fields:
(A) Trauma care.
(B) Head, neck, and spinal injury.
(C) Paralysis.
(D) Neurosciences and neurodegenerative diseases.
(2) Such a contribution may be made only for a facility that will --
(A) support education, training, treatment, and rehabilitative
services related to the fields described in paragraph (1); and
(B) support neuroscience research with relevance for the
medical mission of the Department of Defense.
(3) Such a contribution may be made only for a facility to be located
at an institutional setting that --
(A) has received national recognition for its work in the
fields listed in paragraph (1); and
(B) can best facilitate interagency collaborative research,
education, and training activities.
(4) The amount of a contribution under paragraph (1) may not exceed
33 percent of the total cost of such complex.
(b) MICROELECTRONICS RESEARCH. -- Of the funds authorized to be
appropriated pursuant to section 201 for fiscal year 1990, not more than
$15,000,000 may be made available for a program of research in advanced
microelectronics, optoelectronics, and materials. None of such funds
may be obligated before July 1, 1990. Any contract awarded under such
program shall be awarded using competitive procedures to the maximum
extent feasible.
SEC. 256. AVAILABILITY OF FUNDS TRANSFERRED TO NASA FOR NATIONAL
AEROSPACE PLANE
Of amounts appropriated to the Department of Defense for fiscal year
1990 that are transferred to the National Aeronautics and Space
Administration pursuant to law, not more than $225,000,000 may be used
for the National Aerospace Plane program.
SEC. 257. REPEAL OF SPECIFICATION OF FUNDS FOR RANKINE ENGINE
Section 205(a)(3) of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1047) is
repealed.
SEC. 301. OPERATION AND MAINTENANCE FUNDING
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990. -- Funds
are hereby authorized to be appropriated for fiscal year 1990 for the
use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance in amounts as follows:
(1) For the Army, $22,973,309,000.
(2) For the Navy, $23,926,751,000.
(3) For the Marine Corps, $1,657,800,000.
(4) For the Air Force, $21,909,296,000.
(5) For the Defense Agencies, $7,850,472,000.
(6) For the Army Reserve, $861,800,000.
(7) For the Naval Reserve, $894,800,000.
(8) For the Marine Corps Reserve, $77,400,000.
(9) For the Air Force Reserve, $978,500,000.
(10) For the Army National Guard, $1,867,100,000.
(11) For the Air National Guard, $1,981,900,000.
(12) For the National Board for the Promotion of Rifle
Practice, $3,970,000.
(13) For the Defense Inspector General, $94,749,000.
(14) For the Court of Military Appeals, $4,000,000.
(15) For Environmental Restoration, Defense, $601,100,000.
(16) For Humanitarian Assistance, $13,000,000.
(17) For the Goodwill Games, as provided in section 305 of the
National Defense Authorization Act, Fiscal Year 1989 (Public Law
100-456; 102 Stat. 1949), $14,600,000.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991. -- Funds
are hereby authorized to be appropriated for fiscal year 1991 for the
use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance in amounts as follows:
(1) For the Army, $24,648,400,000.
(2) For the Navy, $25,262,700,000.
(3) For the Marine Corps, $1,771,300,000.
(4) For the Air Force, $23,344,300,000.
(5) For the Defense Agencies, $8,318,900,000.
(6) For the Army Reserve, $902,600,000.
(7) For the Naval Reserve, $949,900,000.
(8) For the Marine Corps Reserve, $79,400,000.
(9) For the Air Force Reserve, $1,015,400,000.
(10) For the Army National Guard, $1,896,300,000.
(11) For the Air National Guard, $2,104,600,000.
(12) For the National Board for the Promotion of Rifle
Practice, $5,600,000.
(13) For the Defense Inspector General, $97,600,000.
(14) For the Court of Military Appeals, $4,200,000.
(15) For Environmental Restoration, Defense, $519,900,000.
(16) For Humanitarian Assistance, $13,000,000.
(c) SPECIAL AUTHORIZATION FOR CONTINGENCIES. -- There is authorized
to be appropriated for each of fiscal years 1990 and 1991, in addition
to the amounts authorized to be appropriated in subsections (a) and (b),
such sums as may be necessary --
(1) for unbudgeted increases in fuel costs; and
(2) for unbudgeted increases as the result of inflation in the
cost of activities authorized by such subsections.
SEC. 302. WORKING CAPITAL FUNDS
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990. -- Funds
are hereby authorized to be appropriated for fiscal year 1990 for the
use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working-capital funds in
amounts as follows:
(1) For the Navy Stock Fund, $40,500,000.
(2) For the Air Force Stock Fund, $126,100,000.
(3) For the Defense Stock Fund, $78,100,000.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991. -- Funds
are hereby authorized to be appropriated for fiscal year 1991 for the
use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working-capital funds in
amounts as follows:
(1) For the Army Stock Fund, $141,500,000.
(2) For the Navy Stock Fund, $232,100,000.
(3) For the Air Force Stock Fund, $319,600,000.
(4) For the Defense Stock Fund, $156,300,000.
SEC. 303. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1990. -- There
is authorized to be appropriated for fiscal year 1990 to the Department
of Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 102 Stat. 2631), $500,000,000.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1991. -- There
is authorized to be appropriated for fiscal year 1991 to the Department
of Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 102 Stat. 2631), $500,000,000.
SEC. 304. HUMANITARIAN ASSISTANCE
(a) PURPOSE. -- Funds appropriated pursuant to the authorizations in
subsections (a)(16) and (b)(16) of section 301 for humanitarian
assistance shall be used for the purpose of providing transportation for
humanitarian relief for persons displaced or who are refugees because of
the invasion of Afghanistan by the Soviet Union. Of the funds
appropriated for each of fiscal years 1990 and 1991 pursuant to such
subsections for such purpose, not more than $3,000,000 may be used for
distribution of humanitarian relief supplies to the non-Communist
resistance organization at or near the border between Thailand and
Cambodia.
(b) AUTHORITY TO TRANSFER FUNDS. -- The Secretary of Defense may
transfer to the Secretary of State not more than $3,000,000 of the funds
appropriated pursuant to such subsections for each of fiscal years 1990
and 1991 for humanitarian assistance to provide for --
(1) the payment of administrative costs incurred in providing
the transportation described in subsection (a); and
(2) the purchase or other acquisition of transportation assets
for the distribution of humanitarian relief supplies in the
country of destination.
(c) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF STATE. --
Transportation for humanitarian relief provided with funds appropriated
pursuant to such subsections for humanitarian assistance shall be
provided under the direction of the Secretary of State.
(d) MEANS OF TRANSPORTATION TO BE USED. -- Transportation for
humanitarian relief provided with funds appropriated pursuant to such
subsections for humanitarian assistance shall be provided by the most
economical commercial or military means available, unless the Secretary
of State determines that it is in the national interest of the United
States to provide transportation other than by the most economical means
available. The means used to provide such transportation may include
the use of aircraft and personnel of the reserve components of the Armed
Forces.
(e) AVAILABILITY OF FUNDS. -- Funds appropriated pursuant to such
subsections for humanitarian assistance shall remain available until
expended, to the extent provided in appropriation Acts.
(f) REPORTS TO CONGRESS. -- (1) The Secretary of Defense shall
submit (at the times specified in paragraph (2)) 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 a
report on the provision of humanitarian assistance under the
humanitarian relief laws specified in paragraph (4).
(2) A report required by paragraph (1) shall be submitted --
(A) not later than 60 days after the date of the enactment of
this Act;
(B) not later than June 1, 1990; and
(C) not later than June 1 of each year thereafter until all
funds available for humanitarian assistance under the humanitarian
relief laws specified in paragraph (4) have been obligated.
(3) A report required by paragraph (1) shall contain (as of the date
on which the report is submitted) the following information:
(A) The total amount of funds obligated for humanitarian relief
under the humanitarian relief laws specified in paragraph (4).
(B) The number of scheduled and completed flights for purposes
of providing humanitarian relief under the humanitarian relief
laws specified in paragraph (4).
(C) A description of any transfer (including to whom the
transfer is made) of excess nonlethal supplies of the Department
of Defense made available for humanitarian relief purposes under
section 2547 of title 10, United States Code.
(4) The humanitarian relief laws referred to in paragraphs (1), (2),
and (3) are the following:
(A) This section.
(B) Section 305 of the Department of Defense Authorization Act,
1986 (Public Law 99-145; 99 Stat. 617).
(C) Section 331 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078).
(D) Section 303 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948).
(5) Section 303 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 1948), is amended by striking
out subsection (f).
SEC. 305. ARMY AVIATION FLIGHT FACILITY AT JACKSON, TENNESSEE
(a) ESTABLISHMENT OF FACILITY. -- The Secretary of the Army shall
establish an Army aviation flight facility at McKellar Field in Jackson,
Tennessee.
(b) AMOUNT AUTHORIZED FOR TRANSFER OF BRIGADE. -- Of the amount
appropriated pursuant to section 301 for fiscal year 1990 for operation
and maintenance for the Army National Guard, $300,000 is authorized to
be used to transfer the aviation section of the 30th Separate Armored
Brigade of the Tennessee National Guard to the facility established
pursuant to subsection (a).
SEC. 306. ASSISTANCE TO SCHOOLS TO BENEFIT CHILDREN OF MEMBERS OF
THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
(a) ASSISTANCE AUTHORIZED. -- Of the amounts appropriated for
operation and maintenance for fiscal year 1990, the Secretary of Defense
is authorized to use $10,000,000 for the purpose of providing, in
consultation with the Secretary of Education, assistance to eligible
local educational agencies that operate schools that include students
who --
(1) are dependent children of members of the Armed Forces or of
civilian employees of the Department of Defense; and
(2) while in attendance at such schools, reside on Federal
property.
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES. -- A local educational
agency described in subsection (a) is eligible for financial assistance
under such subsection if the Secretary of Defense, in consultation with
the Secretary of Education, determines that such agency is unable,
without the addition of such assistance, to provide a level of education
for such students equivalent to the minimum level of education available
within the State in which such students reside (as determined by
comparable school district data).
(c) CRITERIA FOR ASSISTANCE. -- Not later than December 31, 1989,
the Secretary of Defense shall submit to the Committees on Armed
Services and Labor and Human Resources of the Senate and the Committees
on Armed Services and Education and Labor of the House of
Representatives a report describing the criteria and procedures the
Secretary will use to select recipient agencies for assistance under
subsection (a).
(d) REPORT ON IMPACT AID. -- Not later than December 31, 1989, the
Secretary of Defense, in consultation with the Secretary of Education,
shall submit to the Committee on Armed Services and the Committee on
Labor and Human Resources of the Senate and the Committee on Armed
Services and the Committee on Education and Labor of the House of
Representatives a report on the feasibility and desirability --
(1) of transferring to the Department of Defense by October 1,
1991, impact aid responsibilities for schools impacted by
Department of Defense activities; and
(2) of providing support services (including funds for
facilities) to schools receiving impact aid as a result of the
presence of dependent children of members of the Armed Forces or
of civilian employees of the Department of Defense.
SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN
NATIONALS IN THE EVENT OF CERTAIN BASE CLOSURES
(a) CERTAIN SEVERANCE PAY COSTS NOT ALLOWABLE COSTS WITH RESPECT TO
SERVICE CONTRACTS PERFORMED OUTSIDE THE UNITED STATES. -- (1)
Subsection (e)(1) of section 2324 of title 10, United States Code, is
amended --
(A) by redesignating subparagraph (N) as subparagraph (O); and
(B) by inserting after subparagraph (M) the following new
subparagraph (N):
"(N) Costs of severance pay paid by the contractor to a foreign
national employed by the contractor under a service contract
performed in a foreign country if the termination of the
employment of the foreign national is the result of the closing
of, or the curtailment of activities at, a United States military
facility in that country at the request of the government of that
country.".
(2) "10 USC 2324 note" Subparagraph (N) of such subsection, as added
by paragraph (1), shall not apply with respect to the termination of the
employment of a foreign national employed under any covered contract (as
defined in subsection (l) of such section) if such termination is the
result of the closing of, or the curtailment of activities at, a United
States military facility in a foreign country pursuant to an agreement
entered into with the government of that country before the date of the
enactment of this Act.
(b) PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS
EMPLOYED BY THE DEPARTMENT OF DEFENSE. -- (1) Chapter 81 of title 10,
United States Code, is amended by adding at the end the following new
section:
"Section 1592. Prohibition on payment of severance pay to foreign
nationals in the event of certain overseas base closures
"Funds available to the Department of Defense may not be used to pay
severance pay to a foreign national employed by the Department of
Defense under a contract performed in a foreign country if the
termination of the employment of the foreign national is the result of
the closing of, or the curtailment of activities at, a United States
military facility in that country at the request of the government of
that country.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"1592. Prohibition on payment of severance pay to foreign nationals
in the event of certain overseas base closures.".
(3)(A) Section 1592 "10 USC 1592 note" of title 10, United States
Code, as added by paragraph (1), shall take effect on the date of the
enactment of this Act.
(B) Such section shall not apply with respect to the closing of, or
the curtailment of activities at, a United States military facility in a
foreign country pursuant to an agreement entered into with the
government of that country before the date of the enactment of this Act.
(c) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) in the event a United States military facility located in a
foreign country is closed (or activities at the facility are
curtailed) at the request of the government of that country, such
government should be responsible for the payment of severance pay
to foreign nationals in the country whose employment by the United
States or by a contractor under a contract with the United States
is terminated as a result of the closure or curtailment; and
(2) in negotiating a status-of-forces agreement or other
country-to-country agreement with the government of a foreign
country, the President should endeavor to include in the agreement
a provision that would require the government of that country to
pay severance pay to foreign nationals in that country whose
employment is terminated as a result of the closing of, or the
curtailment of activities at, a United States military facility in
that country, if the closing or curtailment is at the request of
the government of that country.
SEC. 312. PROHIBITION ON JOINT USE OF THE MARINE CORPS AIR STATION
AT EL TORO, CALIFORNIA, WITH CIVIL AVIATION
The Secretary of the Navy may not enter into any agreement that would
provide for, or permit, civil aircraft to regularly use the Marine Corps
Air Station at El Toro, California.
SEC. 313. CLARIFICATION OF PROHIBITION ON CERTAIN DEPOT MAINTENANCE
WORKLOAD COMPETITIONS
Section 2466 of title 10, United States Code, is amended --
(1) by striking out "may not require" and inserting in lieu
thereof "shall prohibit";
(2) by striking out "or" after "Secretary of the Army" and
inserting in lieu thereof "and"; and
(3) by striking out "to carry out" and inserting in lieu
thereof "from carrying out".
SEC. 314. REDUCTION IN THE NUMBER OF CIVILIAN PERSONNEL AUTHORIZED
FOR DUTY IN EUROPE
(a) REDUCTION REQUIRED. -- The number of civilian employees of the
Department of Defense authorized for duty in Europe on the date of the
enactment of this Act shall be reduced by a number equal to the number
of remaining authorizations for employees of the department that --
(1) were related to intermediate-range nuclear forces on
December 8, 1987; and
(2) are unnecessary as a result of the Treaty between the
United States of America and the Union of Soviet Socialist
Republics on the Elimination of their Intermediate-range and
Shorter-range Missiles, signed on December 8, 1987 (commonly
referred to as the "INF Treaty").
(b) DEADLINE FOR REDUCTION. -- The reduction in the number of
employees authorized for duty in Europe required by subsection (a) shall
be completed not later than October 1, 1991.
SEC. 315. REPEAL OF LIMITATION ON THE USE OF OPERATION AND
MAINTENANCE FUNDS TO PURCHASE INVESTMENT ITEMS
Section 303 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1073) is repealed.
SEC. 321. AUTHORIZATION TO REDUCE UNDER CERTAIN CIRCUMSTANCES THE
RATES FOR MEALS SOLD AT A MILITARY DINING FACILITY
Section 1011(a) of title 37, United States Code, is amended --
(1) by striking out "or enlisted members" and all that follows
through the period in the first sentence and inserting in lieu
thereof "and enlisted members."; and
(2) by adding after the second sentence the following new
sentence: "Notwithstanding the preceding sentence, if the
Secretary determines that it is in the best interest of the United
States, the Secretary may reduce a rate for meals established
under this subsection by the amount of that rate attributable to
operating expenses.".
SEC. 322. IMPROVED AND EXPEDITED DISPOSAL OF LOST, ABANDONED, OR
UNCLAIMED PERSONAL PROPERTY IN THE CUSTODY OF THE ARMED FORCES
(a) IN GENERAL. -- Subsection (a) of section 2575 of title 10,
United States Code, is amended --
(1) by striking out "120 days" in the third sentence and
inserting in lieu thereof "45 days";
(2) by striking out "$25 or more" and all that follows through
"three months" in the fourth sentence and inserting in lieu
thereof "more than $300, the Secretary may not dispose of the
property until 45 days"; and
(3) by inserting after the second sentence the following new
sentences: "The diligent effort to find the owner (or the heirs,
next of kin, or legal representative of the owner) shall begin, to
the maximum extent practicable, not later than seven days after
the date on which the property comes into the custody or control
of the Secretary. The period for which that effort is continued
may not exceed 45 days.".
(b) TECHNICAL AMENDMENTS. -- Such section is further amended --
(1) by striking out "owner, his heirs or next of kin, or his
legal representative" each place it appears and inserting in lieu
thereof "owner (or the heirs, next of kin, or legal representative
of the owner)";
(2) in subsection (a) --
(A) by striking out "his department" and inserting in lieu
thereof "the Secretary's department"; and
(B) by striking out "owner, his heirs or next of kin, or his
legal representatives" and inserting in lieu thereof "owner (or
heirs, next of kin, or legal representative of the owner)"; and
(3) in subsection (c), by striking out "he" and inserting in
lieu thereof "that person".
(c) EFFECTIVE DATE. -- The amendments made by subsection (a) "10 USC
2575 note" shall apply with respect to property that comes into the
custody or control of the Secretary of a military department or the
Secretary of Transportation after the date of the enactment of this Act.
SEC. 323. PROCUREMENT OF LAUNDRY AND DRY CLEANING SERVICES FROM NAVY
EXCHANGES
(a) IN GENERAL. -- Chapter 143 of title 10, United States Code, is
amended by adding at the end the following new section:
"Section 2423. Laundry and dry cleaning services: procurement from
facilities operated by the Navy Resale and Services Support Office
"(a) AUTHORITY. -- The Secretary of Defense may authorize an element
of the Department of Defense to enter into a contract (through the use
of procedures other than competitive procedures) with a laundry and dry
cleaning facility operated by the Navy Resale and Services Support
Office to procure laundry and dry cleaning services for the armed forces
outside the United States.
"(b) APPLICATION. -- Subsection (a) shall apply only with respect to
a laundry and dry cleaning facility of the Navy Resale and Services
Support Office that began operating before October 1, 1989.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"2423. Laundry and dry cleaning services: procurement from
facilities operated by the Navy Resale and Services Support Office.".
SEC. 324. PROCUREMENT OF SUPPLIES AND SERVICES FROM MILITARY
EXCHANGES OUTSIDE THE UNITED STATES
(a) IN GENERAL. -- Chapter 143 of title 10, United States Code, is
amended by adding after section 2423 (as added by section 323) the
following new section:
"Section 2424. Procurement of supplies and services from exchange
stores outside the United States
"(a) AUTHORITY. -- The Secretary of Defense may authorize an element
of the Department of Defense to enter into a contract (through the use
of procedures other than competitive procedures) with an exchange store
operated under the jurisdiction of the Secretary of a military
department outside the United States to procure supplies or services for
use by the armed forces outside the United States.
"(b) LIMITATIONS. -- (1) A contract may not be entered into under
subsection (a) in an amount in excess of $50,000.
"(2) Supplies provided under a contract entered into under subsection
(a) shall be provided from the stocks of the exchange store on hand as
of the date the contract is entered into with that exchange store.
"(3) A contract entered into with an exchange store under subsection
(a) may not provide for the procurement of services not regularly
provided by that exchange store.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
2423 (as added by section 323) the following new item:
"2424. Procurement of supplies and services from exchange stores
outside the United States.".
SEC. 325. TUITION-FREE ENROLLMENT OF DEPENDENTS OF CERTAIN EMPLOYEES
OF NONAPPROPRIATED FUND INSTRUMENTALITIES IN SCHOOLS OF THE DEFENSE
DEPENDENTS' EDUCATION SYSTEM
(a) SPONSOR DEFINED TO INCLUDE CERTAIN EMPLOYEES OF NONAPPROPRIATED
FUND INSTRUMENTALITIES. -- Section 1414(2) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 932(2)) is amended to read as follows:
"(2) The term 'sponsor' means a person --
"(A) who is --
"(i) a member of the Armed Forces serving on active duty, or
"(ii) a full-time civilian officer or employee of the
Department of Defense and a citizen or national of the United
States; and
"(B) who is authorized to transport dependents to or from an
overseas area at Government expense and is provided an allowance
for living quarters in that area.".
(b) CONFORMING AMENDMENT. -- Section 1404(d)(1) of such Act (20
U.S.C. 923(d)(1)) is amended by striking out "(including employees of
nonappropriated fund activities of the Department of Defense)" in
subparagraph (A) and inserting in lieu thereof "(other than civilian
officers and employees who are sponsors under section 1414(2))".
(c) EFFECTIVE DATE. -- The amendments made by this section "10 USC
923 note" shall apply with respect to periods of enrollment in schools
of the defense dependents' education system beginning after September
30, 1989.
SEC. 326. AUTHORITY TO USE APPROPRIATED FUNDS TO SUPPORT STUDENT
MEAL PROGRAMS IN DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS
(a) AUTHORITY PROVIDED. -- Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the following new
section:
"Section 2243. Authority to use appropriated funds to support
student meal programs in overseas dependents' schools
"(a) AUTHORITY. -- Subject to subsection (b), amounts appropriated
to the Department of Defense for the operation of the defense
dependents' education system may be used by the Secretary of Defense to
enable an overseas meal program to provide students enrolled in that
system with meals at a price equal to the average price paid by students
for equivalent meals under a comparable public school meal program in
the United States.
"(b) LIMITATION. -- The authority provided by subsection (a) may be
used only if the Secretary of Defense determines that Federal payments
and commodities provided under section 20 of the National School Lunch
Act (42 U.S.C. 1769b) and section 20 of the Child Nutrition Act of 1966
(42 U.S.C. 1789) to support an overseas meal program are insufficient to
provide meals under that program at a price for students equal to the
average price paid by students for equivalent meals under a comparable
public school meal program in the United States.
"(c) DETERMINING AVERAGE PRICE. -- In determining the average price
paid by students in the United States for meals under a school meal
program, the Secretary of Defense shall exclude free and reduced price
meals provided pursuant to income guidelines.
"(d) OVERSEAS MEAL PROGRAM DEFINED. -- In this section, the term
'overseas meal program' means a program administered by the Secretary of
Defense to provide breakfasts or lunches to students attending
Department of Defense dependents' schools which are located outside the
United States.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
"2243. Authority to use appropriated funds to support student meal
programs in overseas dependents' schools.".
SEC. 327. COMMERCIAL SALE OF RECORDING OF AIR FORCE SINGING
SERGEANTS
The Secretary of the Air Force may enter into an appropriate contract
providing for the production and commercial sale of a recording made on
April 9, 1989, by the Cincinnati Pops Orchestra and members of the Air
Force known as the United States Air Force Singing Sergeants. Any
contract entered into under this section shall contain such provisions
as the Secretary considers appropriate to protect the interests of the
United States.
SEC. 328. TRANSPORTATION OF MOTOR VEHICLES OF MILITARY AND CIVILIAN
PERSONNEL STATIONED ON JOHNSTON ISLAND
(a) AUTHORITY TO TRANSPORT. -- (1) When a member of the Armed Forces
or an employee of the Department of Defense is assigned to permanent
duty on Johnston Island, one motor vehicle that is owned by the member
or employee (or a dependent of the member or employee) may be
transported at the expense of the United States to a location in the
State of Hawaii from the old duty station of the member or employee (or
from a location of lesser distance) if the member or employee designates
Hawaii as the State in which the immediate family of the member or
employee will reside.
(2) When a member or employee is reassigned from Johnston Island to a
new permanent duty station, one motor vehicle that is owned by the
member or employee (or a dependent of the member or employee) may be
transported at the expense of the United States from the residence in
the State of Hawaii of the dependents of the member or employee --
(A) to the new duty station of the member or employee; or
(B) at the request of the member or employee, to such other
location not greater than the distance allowed under paragraph
(1).
(b) REGULATIONS. -- Subsection (a) shall be carried out under
regulations prescribed by the Secretary of Defense.
SEC. 329. AUTHORITY TO PROVIDE CERTAIN ASSISTANCE TO ANNUAL
CONVENTIONS OF NATIONAL MILITARY ASSOCIATIONS
(a) AUTHORITY. -- (1) Chapter 151 of title 10, United States Code,
is amended by adding at the end the following new section:
"Section 2548. National military associations: assistance at
national conventions
"(a) AUTHORITY TO PROVIDE SERVICES. -- The Secretary of a military
department may provide services described in subsection (c) in
connection with an annual conference or convention of a national
military association.
"(b) CONDITIONS FOR PROVIDING SERVICES. -- Services may be provided
under this section only if --
"(1) the provision of the services in any case is approved in
advance by the Secretary concerned;
"(2) the services can be provided in conjunction with training
in appropriate military skills; and
"(3) the services can be provided within existing funds
otherwise available to the Secretary concerned.
"(c) COVERED SERVICES. -- Services that may be provided under this
section are --
"(1) limited air and ground transportation;
"(2) communications;
"(3) medical assistance;
"(4) administrative support; and
"(5) security support.
"(d) NATIONAL MILITARY ASSOCIATIONS. -- The Secretary of Defense
shall designate those organizations which are national military
associations for purposes of this section.
"(e) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations to carry out this section.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2548. National military associations: assistance at national
conventions.".
(b) EFFECTIVE DATE. -- Section 2548 of title 10, "10 USC 2548 note"
United States Code, as added by subsection (a), shall take effect on the
date of the enactment of this Act.
SEC. 330. AUTHORITY TO LEASE FLEET ELECTRONIC WARFARE SUPPORT
AIRCRAFT
Section 328 of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 1957), is amended by striking out
"such a lease" and all that follows through the period and inserting in
lieu thereof "leasing, operating, and supporting such aircraft is less
than the projected costs of operating and maintaining existing aircraft
of the Navy for the same activity.".
SEC. 331. ENERGY EFFICIENCY INCENTIVE
Section 736 of the National Defense Authorization Act, Fiscal Year
1989 (102 Stat. 2006; 42 U.S.C. 8287 note), is amended as follows:
(1) In subsection (a), by striking out "first-year energy cost
savings (as defined in subsection (d)) realized" and inserting in
lieu thereof "energy cost savings realized by the United States
during the first five years".
(2) In subsection (b) --
(A) by striking out "First-year energy savings" and inserting
in lieu thereof "The energy cost savings realized by the United
States in each of the first five years under a contract"; and
(B) by striking out paragraph (1) and inserting in lieu thereof
the following:
"(1) One-half of the amount of such savings may be used for the
acquisition of energy conserving measures for military
installations, and such measures may be in addition to any such
energy conserving measures acquired for military installations
under contracts entered into under title VIII of the National
Energy Conservation Policy Act.".
(3) In subsection (c) --
(A) by striking out "end of the first year" and inserting in
lieu thereof "end of each of the first five years"; and
(B) by striking out "first-year energy cost savings realized
under the terms of the contract during that year by the military
department concerned" and inserting in lieu thereof "energy cost
savings realized by the United States under the terms of the
contract during that year".
(4) By striking out subsection (d).
SEC. 332. AUTHORITY TO ACQUIRE RAILROAD TRACK STRUCTURE AND
TEMPORARY RIGHT-OF-WAY FOR RAIL LINE
The Secretary of the Army may purchase the railroad track structure
and temporary right-of-way in the State of Nevada for the railroad line
known as the Mina Branch, located between milepost 331.12, near Wabuska,
Nevada, and milepost 385.00, near Thorne, Nevada, for use in connection
with the operation of Hawthorne Army Ammunition Plant, Nevada. The
Secretary may use any funds appropriated pursuant to section 301 for the
Army for fiscal year 1990 to carry out the preceding sentence.
SEC. 333. AUTHORIZATION OF LONG-TERM AIRCRAFT SUPPORT CONTRACT
The Secretary of the Army may enter into a long-term contract
pursuant to section 2401 of title 10, United States Code, that includes
a lease for the provision of air transportation at Kwajalein Atoll,
Republic of the Marshall Islands, if --
(1) the contract does not impose a substantial termination
liability on the United States within the meaning of section
2401(a)(1)(B) of title 10, United States Code; and
(2) the contract is made subject to the availability of funds
for such purpose.
SEC. 334. SERVICE CONTRACT TO TRAIN UNDERGRADUATE NAVAL FLIGHT
OFFICERS
In accordance with sections 2304 and 2401 of title 10, United States
Code, the Secretary of the Navy may enter into a contract (to commence
after September 30, 1990) for services with respect to the training of
undergraduate naval flight officers.
SEC. 335. DEFENSE CONTRACT AUDITORS
The Secretary of Defense, not later than September 30, 1990, shall
increase the number of full-time personnel employed by the Defense
Contract Audit Agency to 7,457, of which not less than 6,488 shall be
auditors.
SEC. 336. UNIFORM ALLOWANCE FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT
OF DEFENSE REQUIRED TO WEAR UNIFORMS
(a) ALLOWANCE AUTHORIZED. -- (1) Chapter 81 of title 10, United
States Code, is amended by adding after section 1592 (as added by
section 311(b)) the following new section:
"Section 1593. Uniform allowance: civilian employees
"(a) ALLOWANCE AUTHORIZED. -- (1) The Secretary of Defense may pay
an allowance to each civilian employee of the Department of Defense who
is required by law or regulation to wear a prescribed uniform in the
performance of official duties.
"(2) In lieu of providing an allowance under paragraph (1), the
Secretary may provide a uniform to a civilian employee referred to in
such paragraph.
"(3) This subsection shall not apply with respect to a civilian
employee of the Defense Intelligence Agency who is entitled to an
allowance under section 1606 of this title.
"(b) AMOUNT OF ALLOWANCE. -- Notwithstanding section 5901(a) of
title 5, the amount of an allowance paid, and the cost of uniforms
provided, under subsection (a) to a civilian employee may not exceed
$400 per year.
"(c) TREATMENT OF ALLOWANCE. -- An allowance paid, or uniform
provided, under subsection (a) shall be treated in the same manner as is
provided in section 5901(c) of title 5 for an allowance paid under that
section.".
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 1592 (as added by section
311(b)) the following new item:
"1593. Uniform allowance: civilian employees.".
(b) CONFORMING AMENDMENT. -- Section 1606(b)(2) of title 10, United
States Code, is amended by striking out "$360 per year." and inserting
in lieu thereof "The maximum allowance provided under section 1593(b) of
this title.".
(c) EFFECTIVE DATE. -- The amendments made by this section "10 USC
1593 note" shall take effect on January 1, 1990.
SEC. 341. UNITED STATES SOLDIERS' AND AIRMEN'S HOME SUBJECT TO
ANNUAL AUTHORIZATIONS OF APPROPRIATIONS
(a) IN GENERAL. -- Section 1321(b) of title 31, United States Code,
is amended --
(1) by inserting before the period in the third sentence the
following: "and only if the appropriations are specifically
authorized by law"; and
(2) by striking out the last sentence.
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "10 USC
1321 note" shall apply with respect to appropriations for the operation
of the United States Soldiers' and Airmen's Home made for fiscal years
after fiscal year 1990.
SEC. 342. MILITARY FINES AND FORFEITURES TO BENEFIT ARMED FORCES
RETIREMENT HOMES
(a) IN GENERAL. -- (1) Chapter 165 of title 10, United States Code,
is amended by inserting after section 2771 the following new section:
"Section 2772. Share of fines and forfeitures to benefit Armed
Forces retirement homes
"(a)(1) The Secretary of the Army and the Secretary of the Air Force
shall deposit in the Soldiers' Home, permanent fund, referred to in
section 1321(a)(59) of title 31 a percentage (determined under paragraph
(2)) of the following amounts:
"(A) The amount of fines adjudged against an enlisted member or
warrant officer in the Army or the Air Force by sentence of a
court-martial or under authority of section 815 of this title
(article 15) over and above any amount that may be due from the
member or warrant officer for the reimbursement of the United
States or any individual.
"(B) The amount of forfeitures on account of the desertion of
an enlisted member or warrant officer in the Army or the Air
Force.
"(2) The board of commissioners for the United States Soldiers' and
Airmen's Home shall determine, on the basis of the financial needs of
that home, the percentage of the amounts referred to in paragraph (1) to
be deposited in the Soldiers' Home, permanent fund.
"(b)(1) The Secretary of the Navy shall credit to the funds available
for the operation of the Naval Home a percentage (determined under
paragraph (2)) of the following amounts:
"(A) The amount of fines adjudged against an enlisted member or
warrant officer in the Navy, Marine Corps, or Coast Guard (when it
is operating as a service in the Navy) by sentence of a
court-martial or under authority of section 815 of this title
(article 15) over and above any amount that may be due from the
member or warrant officer for the reimbursement of the United
States or any individual.
"(B) The amount of forfeitures on account of the desertion of
an enlisted member or warrant officer in the Navy, Marine Corps,
or Coast Guard (when it is operating as a service in the Navy).
"(2) The Governor of the Naval Home shall determine, on the basis of
the financial needs of the Naval Home, the percentage of the amounts
referred to in paragraph (1) to be credited under such paragraph.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2771 the following new
item:
"2772. Share of fines and forfeitures to benefit Armed Forces
retirement homes.".
(b) APPLICATION OF AMENDMENTS. -- (1) Subsection (a) of section 2772
"10 USC 2772 note" of such title, as added by subsection (a), shall
apply with respect to fines and forfeitures adjudged after the date of
the enactment of this Act.
(2) Subsection (b) of such section shall apply with respect to fines
and forfeitures adjudged after May 31, 1990.
SEC. 343. DEDUCTIONS FROM THE PAY OF ENLISTED MEMBERS AND WARRANT
OFFICERS TO BENEFIT ARMED FORCES RETIREMENT HOMES
(a) IN GENERAL. -- Section 1007 of title 37, United States Code, is
amended by adding at the end the following new subsection:
"(i)(1) There shall be deducted each month from the pay of each
enlisted member and warrant officer of the armed forces on active duty
an amount (determined under paragraph (3)) not to exceed 50 cents.
"(2) Amounts deducted under paragraph (1) shall be --
"(A) deposited in the Soldiers' Home, permanent fund, in the
case of deductions from the pay of enlisted members and warrant
officers in the Army and Air Force; and
"(B) credited to the funds available for the operation of the
Naval Home, in the case of deductions from the pay of enlisted
members and warrant officers in the Navy, Marine Corps, or Coast
Guard (when it is operating as a service in the Navy).
"(3) The Secretary of Defense, after consultation with the Governor
of the Naval Home and the board of commissioners for the United States
Soldiers' and Airmen's Home, shall determine from time to time the
amount to be deducted under paragraph (1) from the pay of enlisted
members and warrant officers on the basis of the financial needs of the
homes. The amount to be deducted may be fixed at different amounts on
the basis of grade or length of service, or both.
"(4) In this subsection, the term 'armed forces' does not include the
Coast Guard when it is not operating as a service in the Navy.
"(5) This subsection does not apply to an enlisted member or warrant
officer of a reserve component.".
(b) EFFECTIVE DATE. -- (1) Except as provided in paragraph (2),
subsection (i) of section 1007 of title 37, "37 USC 1007 note" United
States Code, as added by subsection (a), shall take effect on the first
day of the first month beginning after the date of the enactment of this
Act.
(2) With respect to deductions from the pay of an enlisted member or
warrant officer in the Navy, Marine Corps, or Coast Guard (when it is
operating as a service in the Navy), such subsection shall take effect
on October 1, 1990.
SEC. 344. INSPECTION OF ARMED FORCES RETIREMENT HOMES BY INSPECTOR
GENERAL OF THE DEPARTMENT OF DEFENSE
During fiscal year 1990, the Inspector General of the Department of
Defense shall --
(1) conduct an inspection of each Armed Forces Retirement Home,
including the records of that retirement home; and
(2) submit to the administering authority of that retirement
home, the Secretary of Defense, and the Committees on Armed
Services of the Senate and House of Representatives a report --
(A) describing the results of the inspection; and
(B) containing such recommendations as the Inspector General
considers appropriate, including any recommendation for future
inspections of the retirement homes by the Inspector General.
SEC. 345. REPORT REGARDING IMPROVING THE OPERATION AND MANAGEMENT OF
THE ARMED FORCES RETIREMENT HOMES
(a) REPORT REQUIREMENT. -- The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report with regard to improving the operation and
management of the Armed Forces Retirement Homes.
(b) CONTENT OF THE REPORT. -- The report required by subsection (a)
shall --
(1) address the feasibility of consolidating the administration
and management of the retirement homes;
(2) address the feasibility of standardizing (and include
proposals to standardize) --
(A) the eligibility requirements for admission to the
retirement homes for persons who served as enlisted members or
warrant officers in the Armed Forces;
(B) the monthly fees paid by residents of the retirement homes;
and
(C) the funding arrangements for the retirement homes through a
single trust fund; and
(3) include proposals to administer the retirement homes
through a joint board of directors.
(c) PREPARATION OF THE REPORT. -- (1) The Secretary shall appoint a
board of five members to review the administration and financing of the
United States Soldiers' and Airmen's Home and the Naval Home and to
prepare the report required by subsection (a).
(2) The members of the board shall be appointed from persons who --
(A) are not officers or employees of the United States; and
(B) are experts in the fields of gerontology, health care, or
the provision of care for elderly persons.
(d) EXPENSES OF PREPARATION. -- The expenses of preparing the report
required by subsection (a) shall be paid in equal amounts out of the
funds available for the operation of the United States Soldiers' and
Airmen's Home and the Naval Home.
(e) TIME FOR SUBMISSION. -- The report required by subsection (a)
shall be submitted not later than February 15, 1990.
SEC. 346. DEFINITIONS
For purposes of this part:
(1) The terms "Armed Forces Retirement Home" and "retirement
home" mean the United States Soldiers' and Airmen's Home or the
Naval Home.
(2) The term "administering authority" means --
(A) the board of commissioners for the United States Soldiers'
and Airmen's Home, in the case of that home; and
(B) the Governor of the Naval Home, in the case of that home.
(3) The term "Armed Forces" does not include the Coast Guard
when it is not operating as a service in the Navy.
SEC. 347. REPEAL OF SUPERSEDED PROVISIONS RELATING TO THE UNITED
STATES SOLDIERS' AND AIRMEN'S HOME
The following provisions of law are repealed:
(1) Sections 4818, 4820, and 4823, and the first and third
sentences of section 4819, of the Revised Statutes of the United
States (24 U.S.C. 44, 51, 53).
(2) Sections 2 through 6 of the Act entitled "An Act
prescribing regulations for the Soldiers' Home located at
Washington, in the District of Columbia, and for other purposes",
approved March 3, 1883 (22 Stat. 564; 24 U.S.C. 52, 55, 56, 57,
60).
(3) The Act entitled "An Act to authorize the Treasurer of the
United States to receive and keep on deposit funds of the
Soldiers' Home in the District of Columbia", approved January 16,
1891 (26 Stat. 718; 24 U.S.C. 47).
(4) Section 2(a) of Public Law 94-454 (90 Stat. 1518; 24
U.S.C. 44c).
SEC. 351. LIMITATION ON USE OF ENVIRONMENTAL RESTORATION FUNDS
Of the total amount appropriated pursuant to section 301 for
environmental restoration for fiscal year 1990, not more than
$517,800,000 may be obligated or expended until the Secretary of Defense
submits to the Committees on Armed Services of the Senate and House of
Representatives a report describing the manner in which funds for such
purpose (up to that limit) have been obligated.
SEC. 352. REQUIREMENT FOR DEVELOPMENT OF ENVIRONMENTAL DATA BASE
(a) ENVIRONMENTAL DATA BASE. -- "10 USC 2701 note" The Secretary of
Defense shall develop and maintain a comprehensive data base on
environmental activities carried out by the Department of Defense
pursuant to, and environmental compliance obligations to which the
Department is subject under, chapter 160 of title 10, United States
Code, and all other applicable Federal and State environmental laws. At
a minimum, the information in the data base shall include all the fines
and penalties assessed against the Department of Defense pursuant to
environmental laws and paid by the Department, all notices of violations
of environmental laws received by the Department, and all obligations of
the Department for compliance with environmental laws. The Secretary
may include any other information he considers appropriate.
(b) REPORT. -- Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the progress in development of the data base required under
subsection (a). The report shall include a summary of the information
collected for the data base with respect to environmental activities
during 1989.
SEC. 353. FIVE-YEAR PLAN FOR ENVIRONMENTAL RESTORATION AT BASES TO
BE CLOSED
(a) PLAN. -- "10 USC 2687 note" The Secretary of Defense shall
develop a comprehensive five-year plan for environmental restoration at
military installations that will be closed or realigned during fiscal
years 1991 through 1995, pursuant to title II of the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526; 102 Stat. 2627). The plan shall cover --
(1) the environmental restoration activities that the Secretary
plans to carry out each year at the installations;
(2) the funding requirements needed for such activities; and
(3) such other information as the Secretary considers
appropriate.
(b) REPORT. -- At the same time the President submits to Congress
the budget for fiscal year 1991 (pursuant to section 1105 of title 31,
United States Code), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the five-year plan required under subsection (a). The
report shall include an itemization of the funding requirements
specified in the plan for environmental restoration activities during
fiscal year 1991.
SEC. 354. FUNDING FOR WASTE MINIMIZATION PROGRAMS FOR CERTAIN
INDUSTRIAL-TYPE ACTIVITIES OF THE DEPARTMENT OF DEFENSE
(a) "10 USC 2701 note" REQUIREMENT TO ESTABLISH WASTE MINIMIZATION
PROGRAM. -- The Secretary of Defense shall require the Secretary of
each military department to establish a program for fiscal year 1992 to
reduce the volume of solid and hazardous wastes disposed of, and
hazardous materials used by, each industrial-type activity within the
department that is a depot maintenance installation and for which a
working-capital fund has been established under section 2208 of title
10, United States Code.
(b) FUNDING. -- Funding for the waste minimization program in each
military department shall come out of payments received by the
working-capital funds established for industrial-type and
commercial-type activities of the department. The level of funding for
fiscal year 1992 shall be not less than 1/2 of 1 percent of the amount
of such payments received during fiscal year 1988 that were used for
depot maintenance installation functions at industrial-type activities.
The required level of funding for fiscal year 1992 may be reduced by
amounts expended for waste minimization during fiscal years 1990 and
1991. In any case in which a military department fails to spend funds
at the level required by this subsection for the waste minimization
program, the Secretary concerned shall submit to Congress a report
explaining the reasons for the failure.
(c) NOTICE OF EXCLUDED ACTIVITIES. -- Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress the name of each industrial-type or commercial-type
activity of each military department which is not covered by the waste
minimization program because the activity does not carry out depot
maintenance installation functions.
(d) USE OF FUNDS. -- Funds available for the waste minimization
programs established pursuant to this section shall be used to carry out
waste minimization projects at depot maintenance installations. The
types of expenses for which such funds may be used include the following
(if such expense is related to a waste minimization project):
(1) Operating expenses (including salaries).
(2) Equipment purchase expenses.
(3) Facility modification expenses.
(4) Process change expenses.
(5) Product substitution expenses.
(6) Military construction expenses.
(7) Research, development, test, and evaluation expenses.
(8) Expenses for the lease of equipment or facilities.
(e) RECOVERY OF COSTS. -- Each project carried out at an
industrial-type activity as part of a waste minimization program
established pursuant to this section shall be designed to achieve, over
the expected useful life of the project, reductions in the cost of the
disposal of solid and hazardous wastes generated by the activity in an
amount which is not less than the cost of the project. The Secretary of
a military department may provide funds for a project that does not meet
the requirement of the preceding sentence if the Secretary certifies to
Congress that --
(1) the project will result in a reduction of solid or
hazardous waste disposed of, or hazardous materials used by, the
activity; or
(2) the project will eliminate or reduce the likelihood of harm
to human health or the environment.
SEC. 355. SENSE OF CONGRESS CONCERNING INVESTIGATION OF SOIL AND
WATER CONTAMINATION NEAR MEAD, NEBRASKA
(a) FINDINGS. -- Congress finds the following:
(1) The Army Corps of Engineers is carrying out an
investigation of soil and water contamination at the former
Nebraska Ordnance Plant near Mead, Nebraska.
(2) Solvents, polychlorinated byphenals, Research Department
Explosive (RDX), and explosive materials used in making ammunition
have been discovered during the course of the investigation.
(b) SENSE OF CONGRESS. -- (1) It is the sense of Congress that the
Secretary of the Army should carry out the investigation referred to in
subsection (a) as promptly as possible consistent with other
environmental cleanup responsibilities, and (2) should continue to keep
interested parties, including potentially affected residents in the
area, University of Nebraska officials, and State and local government
personnel, fully advised of developments relating to the investigation
and activities at the site.
SEC. 356. "10 USC 2701 note" USE OF CHLOROFLUOROCARBONS AND HALONS
IN THE DEPARTMENT OF DEFENSE
(a) CHLOROFLUOROCARBONS EMISSION REDUCTION. -- The Secretary of
Defense shall formulate and carry out, through the Under Secretary of
Defense for Acquisition, a program to reduce the unnecessary release of
chlorofluorocarbons (hereinafter in this section referred to as "CFCs")
and halons into the atmosphere in connection with maintenance operations
and training and testing practices of the Department of Defense.
(b) REPORT. -- (1) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report describing the program the Secretary proposes to carry out
pursuant to subsection (a). The Secretary shall specify in the report
the reduction goals that are attainable on the basis of known
technology, including the use of refrigerant recovery systems currently
available. The Secretary shall include in the report a schedule for
meeting those goals. The Secretary shall also include in such report
reduction goals that can be achieved only with the use of new technology
and assess the technologies and investment that will be required to
attain those goals within a five-year period.
(2) Before the report required under paragraph (1) is submitted to
the committees named in such paragraph, the Secretary shall transmit a
copy of the report to the Administrator of the Environmental Protection
Agency for comment.
(c) DOD REQUIREMENTS FOR CFCs. -- (1) Not later than 30 days after
the date of the enactment of this Act, the Secretary shall establish an
advisory committee to be known as the "CFC Advisory Committee"
(hereinafter in this section referred to as the "Committee"). The
Committee shall be composed of not more than 15 members, with an equal
number of representatives from the Department of Defense, the
Environmental Protection Agency, and defense contractors. Members
representing defense contractors shall be contractors that supply the
Department of Defense with products or equipment that require the use of
CFCs.
(2) It shall be the function of the Committee to study (A) the use of
CFCs by the Department of Defense and by contractors in the performance
of contracts for the Department of Defense, and (B) the cost and
feasibility of using alternative compounds for CFCs or using alternative
technologies that do not require the use of CFCs.
(3) Within 120 days after the date of the enactment of this Act, the
Secretary shall provide the Committee with a list of all military
specifications, standards, and other requirements that specify the use
of CFCs.
(4) Within 150 days after the date of the enactment of this Act, the
Secretary shall provide the Committee with a list of all military
specifications, standards, and other requirements that do not specify
use of CFCs but cannot be met without the use of CFCs.
(d) REPORT. -- Not later than September 30, 1990, the Secretary
shall submit to the committees named in subsection (b) a report
containing the results of the study by the Committee. The report shall
--
(1) identify cases in which the Committee found that
substitutes for CFCs could be made most expeditiously;
(2) identify the feasibility and cost of substituting compounds
or technologies for CFC uses referred to in subsection (c)(3) and
estimate the time necessary for completing the substitution;
(3) identify CFC uses referred to in subsection (c)(4) for
which substitutes are not currently available and indicate the
reasons substitutes are not available;
(4) describe the types of research programs that should be
undertaken to identify substitute compounds or technologies for
CFC uses referred to in paragraphs (3) and (4) of subsection (c)
and estimate the cost of the program;
(5) recommend procedures to expedite the use of substitute
compounds and technologies offered by contractors to replace CFC
uses;
(6) estimate the earliest date on which CFCs will no longer be
required for military applications; and
(7) estimate the cost of revising military specifications for
the use of substitutes for CFCs, the additional costs resulting
from modification of Department of Defense contracts to provide
for the use of substitutes for CFCs, and the cost of purchasing
new equipment and reverification necessitated by the use of
substitutes for CFCs.
SEC. 357. ANNUAL REPORT ON DEFENSE BUDGET FOR ENVIRONMENTAL
COMPLIANCE
(a) REPORT. -- (1) Section 2706 of title 10, United States Code, is
amended --
(A) by inserting "(1)" before "The Secretary of Defense" in
subsection (a);
(B) by striking out the subsection heading of subsection (b),
redesignating paragraphs (1) through (4) of that subsection as
subparagraphs (A) through (D), and redesignating such subsection
as paragraph (2); and
(C) by adding at the end the following new subsection:
"(b) ENVIRONMENTAL BUDGET REPORT. -- (1) Each year, at the same time
the President submits to Congress the budget for a fiscal year (pursuant
to section 1105 of title 31), the Secretary of Defense shall submit to
Congress a report on --
"(A) the funding levels required for the Department of Defense
to comply with applicable environmental laws during the fiscal
year for which the budget is submitted; and
"(B) the funding levels requested for such purposes in the
budget as submitted by the President.
"(2) The Secretary shall include in the report an explanation of any
differences in the funding level requirements and the funding level
requests in the budget.".
(2)(A) The heading of such section is amended to read as follows:
"Section 2706. Annual reports to Congress".
(B) The item relating to such section in the table of sections at the
beginning of chapter 106 of such title is amended to read as follows:
"2706. Annual reports to Congress.".
(b) EFFECTIVE DATE. -- The first environmental budget report under
subsection (b) of section 2706 "10 USC 2706 note" of such title (as
added by subsection (a)) shall be submitted at the same time the
President submits the budget for fiscal year 1992.
SEC. 358. REPORT ON ENVIRONMENTAL REQUIREMENTS AND PRIORITIES
(a) REPORT REQUIREMENT. -- "10 USC 2701 note" The Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a comprehensive report on the long-range
environmental challenges and goals of the Department of Defense.
(b) MATTERS TO BE INCLUDED. -- The report under subsection (a) shall
include the following:
(1) A discussion of major environmental concerns that the
Department of Defense will face world-wide in the next decade, and
a qualitative and quantitative assessment, where practicable, of
each concern.
(2) A status report of current efforts, programs, resources,
and policies used to address the concerns identified under
paragraph (1), including the estimated cost, as of the date of the
report, of disposing of solid waste and effluent generated by the
Department of Defense.
(3) The projected funding for and schedule of actions under the
Defense Environmental Restoration Program referred to in section
2701(a)(1) of title 10, United States Code.
(4) An assessment of anticipated Federal, State, and local
environmental regulatory requirements and the effects of such
requirements on operations and activities of the Department of
Defense.
(5) An analysis of all the information described in paragraphs
(1) through (4) and a discussion of potential courses of action,
priorities, and goals of the Department of Defense, including the
adoption of alternative waste minimization and disposal policies,
such as requiring the purchase of biodegradable plastics and
recycled paper, the recycling of post-consumer waste, and the
consumption of ethanol and other alternative fuels.
(6) Such comments and recommendations as the Secretary
considers appropriate.
(c) SUBMISSION OF REPORT. -- The report required by subsection (a)
shall be submitted not later than two years after the date of the
enactment of this Act.
SEC. 359. REPORTS ON ENVIRONMENTAL RESTORATION OF JEFFERSON PROVING
GROUND, INDIANA
(a) REQUIREMENT. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives three annual reports and a final report on plans and
schedules for remediation of the environmental contamination at the
Jefferson Proving Ground, Indiana, resulting from the activities of the
Department of Defense.
(b) MATTERS TO BE INCLUDED IN FINAL REPORT. -- The final report
required by subsection (a) shall include the following:
(1) A description of the nature and extent of the environmental
contamination, including any contamination resulting from
hazardous materials.
(2) A detailed plan to restore all portions of the Jefferson
Proving Ground south of the firing line to full and unrestricted
use.
(3) A description of all portions of the Jefferson Proving
Ground which the Department of Defense does not plan to make
available for full and unrestricted use for reasons of liability,
costs of cleanup, or any other reason.
(4) A plan to finance the cleanup of the Jefferson Proving
Ground, including estimated costs of the cleanup, identification
of the sources of funds for cleanup, and a time schedule for
implementation of cleanup measures.
(c) CONSULTATION. -- The Secretary shall consult with appropriate
State and local officials in preparing the reports required by
subsection (a).
(d) DEADLINES. -- The first annual report required by subsection (a)
shall be submitted not later than April 15, 1990. The final report
required by subsection (a) shall be submitted not later than April 15,
1993.
SEC. 360. STUDY OF ENVIRONMENTAL DAMAGE TO SHENANDOAH RIVER
(a) STUDY REQUIREMENT. -- The Administrator of the Environmental
Protection Agency, in consultation with the State of Virginia, shall
conduct a study to determine the environmental damage to the Shenandoah
River that has resulted, or may be resulting, from activities of any
company under contract with the Deprtment of Defense and the National
Aeronautics and Space Administration.
(b) MATTERS TO BE STUDIED. -- In conducting the study, the
Administrator shall determine the following:
(1) The degree of the pollution in the Shenandoah River, and
any other environmental effects on the river, attributable to the
activities of any company described in subsection (a).
(2) An estimate of the amount of funds and the length of time
needed to assure attainment of any water quality standards for the
river established under section 303 of the Federal Water Pollution
Control Act, to assure protection of public water supplies, and to
assure protection and propagation of a balanced, indigenous
population of fish (including shellfish) and wildlife.
(c) DEADLINES. -- The Administrator shall submit to Congress --
(1) a plan for carrying out the study required by this section
not later than December 31, 1989;
(2) a progress report on the study not later than June 30,
1990; and
(3) a final report on the study not later than December 31,
1990.
SEC. 361. STUDY OF WASTE RECYCLING
(a) STUDY. -- "10 USC 2701 note" The Secretary of Defense shall
conduct a study of the following:
(1) Current practices and future plans for managing
postconsumer waste at facilities of the Department of Defense at
which such waste is generated, including commissary and exchange
stores, cafeterias, and mess halls.
(2) The feasibility of such Department of Defense facilities
participating in programs at military installations or in local
communities to recycle the postconsumer waste generated at the
facilities.
(b) POSTCONSUMER WASTE DEFINED. -- For purposes of this section, the
term "postconsumer waste" means garbage and refuse, including items that
have passed through their end use as consumer items.
(c) REPORT. -- Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report describing the findings and conclusions of the Secretary
resulting from the study.
SEC. 371. REPORT ON MILITARY USE OF THE INLAND NAVIGATION SYSTEM
Not later than one year after the date of the enactment of this Act,
the Secretary of the Army shall submit to Congress a report on the
potential for obtaining efficiencies, savings, and enhanced mobilization
preparedness through increased use of the national inland waterway
system by the Department of Defense and defense industries.
SEC. 372. REPORT ON MANPOWER, MOBILITY, SUSTAINABILITY, AND
EQUIPMENT
(a) REPORT REQUIRED. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a comprehensive report on the readiness of the Armed Forces (in terms of
manpower, mobility, sustainability, and equipment) to perform their
assigned missions. The report shall be based on the manpower and other
resources planned for the Armed Forces in the budget for the Department
of Defense for fiscal year 1991.
(b) MATTERS TO BE INCLUDED IN REPORT. -- The Secretary shall include
in the report required by subsection (a) the following:
(1) A detailed analysis of trends in readiness and
sustainability of the military forces of the United States over
the five-year period 1986 to 1990 and, based on the current
Five-Year Defense Program or other planning document approved by
the Secretary, a projection of such trends over the succeeding
five-year period.
(2) A detailed evaluation of the readiness and sustainability
of the unified combatant commands and the specified combatant
commands of the Armed Forces.
(3) A discussion of --
(A) the readiness and sustainability of the military forces of
the United States in terms of the standards approved by the
Secretary of Defense;
(B) the readiness and sustainability of allied forces of the
United States; and
(C) the readiness and sustainability of potential enemy forces.
(4) A list of all improvements that need to be made in the
readiness and sustainability of the manpower, mobility, and
equipment of the Armed Forces to correct major shortfalls of the
unified combatant commands and the specified combatant commands,
the relative priority of each such improvement, and the estimated
cost of each such improvement.
(5) Such other information regarding the readiness of the Armed
Forces (in terms of manpower, mobility, sustainability, and
equipment) as the Secretary considers appropriate.
(c) PRIORITY FOR IMPROVEMENTS. -- The relative priority of the
improvements referred to in subsection (b)(4) shall be determined by the
Secretary on the basis of the improvements necessary to ensure the
ability of the Armed Forces to perform their assigned missions and the
ability of the United States to meet its military commitments.
(d) SUBMISSION OF REPORT. -- The Secretary shall submit the report
required by subsection (a), together with such comments and
recommendations as the Secretary considers appropriate, not later than
February 15, 1990.
SEC. 373. REPORT ON SECOND SOURCE FOR CARBONIZABLE RAYON YARN
(a) REPORT REQUIRED. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the progress and schedule (including a time certain) for the
Department of Defense to establish a certified second production source
for carbonizable rayon yarn for use by the Department of Defense and the
National Aeronautics and Space Administration on heat shields and rocket
nozzles of reentry space vehicles.
(b) TIME FOR SUBMISSION. -- The report required by subsection (a)
shall be submitted not later than 60 days after the date of the
enactment of this Act.
SEC. 374. REPORT ON MILITARY RECRUITING ADVERTISING EXPENDITURES
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report evaluating
--
(1) the results of using each of the types of media for
military recruiting purposes; and
(2) the anticipated effects on military recruitment of devoting
to print media advertising each year a greater portion of the
total expenditures made in a year for recruitment advertising.
SEC. 401. END STRENGTHS FOR ACTIVE FORCES
(a) FISCAL YEAR 1990. -- The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1990, as follows:
(1) The Army, 764,021, of which not more than 106,001 may be
officers.
(2) The Navy, 591,541, of which not more than 72,493 may be
officers.
(3) The Marine Corps, 197,159, of which not more than 20,110
may be officers.
(4) The Air Force, 567,474, of which not more than 102,200 may
be officers.
(b) FISCAL YEAR 1991. -- The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1991, as follows:
(1) The Army, 763,721, of which not more than 105,675 may be
officers.
(2) The Navy, 591,541, of which not more than 72,313 may be
officers.
(3) The Marine Corps, 197,159, of which not more than 20,108
may be officers.
(4) The Air Force, 562,415, of which not more than 102,069 may
be officers.
SEC. 402. "10 USC 523 note" REDUCTION FOR FISCAL YEAR 1991 IN NUMBER
OF AIR FORCE COLONELS
The number of officers that (but for this section) would be
authorized under section 523 of title 10, United States Code, and other
applicable provisions of law to be serving on active duty in the Air
Force in the grade of colonel during fiscal year 1991 is hereby reduced
by 250.
SEC. 403. TEMPORARY INCREASE IN OFFICER GRADE LIMITATIONS
(a) AUTHORITY TO INCREASE NUMBERS FOR FISCAL YEARS 1990 AND 1991. --
The Secretary of Defense may increase the strength-in-grade limitations
specified in section 523(a) of title 10, "10 USC 523 note" United States
Code, by a total of 250 positions, to be distributed among grades and
services as the Secretary considers appropriate. Any increase pursuant
to the preceding sentence in an otherwise applicable limitation shall
expire, as specified by the Secretary, not later than September 30,
1991.
(b) REPORT ON GRADE TABLE RESTRICTIONS. -- The Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a comprehensive report on the adequacy of the
strength-in-grade limitations prescribed in section 523(a) of title 10,
United States Code. The report shall particularly address how those
limitations affect the ability of the Department of Defense to recruit
and retain nurses and other health professionals for service on active
duty. The report shall include such recommendations as the Secretary
considers appropriate and shall be submitted not later than March 1,
1990.
SEC. 411. END STRENGTHS FOR SELECTED RESERVE
(a) "10 USC 261 note" FISCAL YEAR 1990. -- The Armed Forces are
authorized strengths for Selected Reserve personnel of the reserve
components as of September 30, 1990, as follows:
(1) The Army National Guard of the United States, 458,000.
(2) The Army Reserve, 321,700.
(3) The Naval Reserve, 153,400.
(4) The Marine Corps Reserve, 44,000.
(5) The Air National Guard of the United States, 116,200.
(6) The Air Force Reserve, 84,900.
(7) The Coast Guard Reserve, 15,000.
(b) FISCAL YEAR 1991. -- The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of September
30, 1991, as follows:
(1) The Army National Guard of the United States, 458,500.
(2) The Army Reserve, 323,100.
(3) The Naval Reserve, 155,000.
(4) The Marine Corps Reserve, 44,100.
(5) The Air National Guard of the United States, 116,300.
(6) The Air Force Reserve, 85,200.
(7) The Coast Guard Reserve, 15,150.
(c) WAIVER AUTHORITY. -- The Secretary of Defense may vary an end
strength authorized by subsection (a) or subsection (b) by not more than
2 percent.
(d) ADJUSTMENTS. -- The end strengths prescribed by subsection (a)
or (b) for the Selected Reserve of any reserve component shall be
proportionately reduced by --
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strength of such units
and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES
(a) FISCAL YEAR 1990. -- Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1990, the following number of Reserves
to be serving on full-time active duty, or in the case of members of the
National Guard, full-time National Guard duty, for the purpose of
organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 26,164.
(2) The Army Reserve, 13,680.
(3) The Naval Reserve, 22,708.
(4) The Marine Corps Reserve, 2,301.
(5) The Air National Guard of the United States, 8,517.
(6) The Air Force Reserve, 686.
(b) FISCAL YEAR 1991. -- Within the end strengths prescribed in
section 411(b), the reserve components of the Armed Forces are
authorized, as of September 30, 1991, the following number of Reserves
to be serving on full-time active duty or, in the case of members of the
National Guard, full-time National Guard duty for the purpose of
organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 26,514.
(2) The Army Reserve, 14,027.
(3) The Naval Reserve, 23,565.
(4) The Marine Corps Reserve, 2,401.
(5) The Air National Guard of the United States, 8,468.
(6) The Air Force Reserve, 700.
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES
(a) SENIOR ENLISTED MEMBERS. -- (1) The table in section 517(b) of
title 10, United States Code, is amended to read as follows:
(2) Effective on October 1, 1990, that table is amended to read as
follows:
(b) OFFICERS. -- (1) The table in section 524(a) of such title is
amended to read as follows:
(2) Effective on October 1, 1990, that table is amended to read as
follows:
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS
(a) FISCAL YEAR 1990. -- For fiscal year 1990, the components of the
Armed Forces are authorized average military training student loads as
follows:
(1) The Army, 79,667.
(2) The Navy, 67,224.
(3) The Marine Corps, 21,656.
(4) The Air Force, 39,575.
(5) The Army National Guard of the United States, 19,168.
(6) The Army Reserve, 15,377.
(7) The Naval Reserve, 3,237.
(8) The Marine Corps Reserve, 4,179.
(9) The Air National Guard of the United States, 2,941.
(10) The Air Force Reserve, 1,752.
(b) FISCAL YEAR 1991. -- For fiscal year 1991, the components of the
Armed Forces are authorized average military training student loads as
follows:
(1) The Army, 74,760.
(2) The Navy, 66,517.
(3) The Marine Corps, 22,235.
(4) The Air Force, 37,757.
(5) The Army National Guard of the United States, 18,667.
(6) The Army Reserve, 15,963.
(7) The Naval Reserve, 3,259.
(8) The Marine Corps Reserve, 4,178.
(9) The Air National Guard of the United States, 2,939.
(10) The Air Force Reserve, 1,774.
(c) ADJUSTMENTS. -- The average military student loads authorized in
subsections (a) and (b) shall be adjusted consistent with the end
strengths authorized in parts A and B. The Secretary of Defense shall
prescribe the manner in which such adjustment shall be apportioned.
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL FOR
FISCAL YEAR 1990
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1990 a total of
$78,780,742,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1990.
SEC. 501. DELAYED ENTRY PROGRAM AND DELAYED ENTRY TRAINING PROGRAM
FOR RESERVISTS
(a) DELAYED ENTRY PROGRAM ENLISTMENTS. -- (1) Chapter 31 of title
10, United States Code, is amended by inserting after section 512 the
following new section:
"Section 513. Enlistments: Delayed Entry Program
"(a) A person with no prior military service who is qualified under
section 505 of this title and applicable regulations for enlistment in a
regular component of an armed force may (except as provided in
subsection (c)) be enlisted as a Reserve for service in the Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve for a term of not less than six years nor more than
eight years.
"(b) Unless sooner ordered to active duty under chapter 39 of this
title or another provision of law, a person enlisted under paragraph (1)
shall, within 365 days after such enlistment, be discharged from the
reserve component in which enlisted and immediately be enlisted in the
regular component of an armed force. During the period beginning on the
date on which the person enlists under subsection (a) and ending on the
date on which the person is enlisted in a regular component under the
preceding sentence, the person shall be in the Ready Reserve of the
armed force concerned.
"(c) A person who is under orders to report for induction into an
armed force under the Military Selective Service Act (50 U.S.C. App. 451
et seq.), except as provided in clause (ii) or (iii) of section
6(c)(2)(A) of that Act, may not be enlisted under paragraph (1).
"(d) This section shall be carried out under regulations to be
prescribed by the Secretary of Defense or the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 512 the following new
item:
"513. Enlistments: Delayed Entry Program.".
(b) EXEMPTION OF DEP ENLISTEES FROM READY RESERVE TRAINING
REQUIREMENTS. -- Section 270(a) of title 10, United States Code, is
amended by inserting "or 513" after "section 269(b)" in the first
sentence.
(c) LIMITATION ON CREDITING DEP SERVICE FOR LONGEVITY FOR PAY. --
Subsection (e) of section 205 of title 37, United States Code, is
amended to read as follows:
"(e)(1) Notwithstanding subsection (a), a period of service described
in paragraph (2) of a member who enlists in a reserve component may not
be counted under this section.
"(2) Paragraph (1) applies to the following service:
"(A) Service performed while a member of a reserve component
under an enlistment under section 511(b) or 511(d) of title 10
before the member begins service on active duty under such section
(including a period of active duty for training) unless the member
performs inactive-duty training before beginning service on active
duty or active duty for training;
"(B) Service performed while a member of a reserve component
under an enlistment under section 513 of title 10 (other than a
period of active duty to which the member is ordered under chapter
39 of title 10 or another provision of law).".
SEC. 502. ANNUAL MUSTER DUTY AND MUSTER DUTY PAY FOR READY
RESERVISTS
(a) ORDER TO ANNUAL MUSTER DUTY. -- (1) Chapter 39 of title 10,
United States Code, is amended by inserting after section 686 the
following new section:
"Section 687. Ready Reserve: muster duty
"(a) Under regulations prescribed by the Secretary of Defense, a
member of the Ready Reserve may be ordered without his consent to muster
duty one time each year. A member ordered to muster duty under this
section shall be required to perform a minimum of two hours of muster
duty on the day of muster.
"(b) The period which a member may be required to devote to muster
duty under this section, including round-trip travel to and from the
location of that duty, may not total more than one day each calendar
year.
"(c) Except as specified in subsection (d), muster duty (and travel
directly to and from that duty) under this section shall be treated as
the equivalent of inactive-duty training (and travel directly to and
from that training) for the purposes of this title and the provisions of
title 37 (other than section 206(a)) and title 38, including provisions
relating to the determination of eligibility for and the receipt of
benefits and entitlements provided under those titles for Reserves
performing inactive-duty training and for their dependents and
survivors.
"(d) Muster duty under this section shall not be credited in
determining entitlement to, or in computing, retired pay under chapter
67 of this title.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 686 the following new
item:
"687. Ready Reserve: muster duty.".
(b) ALLOWANCE FOR ANNUAL MUSTER DUTY. -- (1) Chapter 7 of title 37,
United States Code, is amended by adding at the end the following new
section:
"Section 433. Allowance for muster duty
"(a) Under uniform regulations prescribed by the Secretaries
concerned, a member of the Ready Reserve who is not a member of the
National Guard or of the Selected Reserve is entitled to an allowance
for muster duty performed pursuant to section 691 of title 10 if the
member is engaged in that duty for at least two hours.
"(b) The amount of the allowance under this section shall be 125
percent of the amount of the average per diem rate for the United States
(other than Alaska and Hawaii) under section 404(d)(2)(A) of this title
as in effect on September 30 of the year preceding the year in which the
muster duty is performed.
"(c) The allowance authorized by this section may not be disbursed in
kind and shall be paid to the member on or before the date on which the
muster duty is performed. The allowance shall constitute the single,
flat-rate monetary allowance authorized for the performance of muster
duty and shall constitute payment in full to the member, regardless of
grade or rank in which serving, as commutation for travel to the
immediate vicinity of the designated muster duty location,
transportation, subsistence, and the special or extraordinary costs of
enforced absence from home and civilian pursuits, including such absence
on weekends and holidays.
"(d) A member who performs muster duty is not entitled to
compensation for inactive-duty training under section 206(a) of this
title for the same period.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"433. Allowance for muster duty.".
SEC. 503. THREE-YEAR EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT
PROGRAMS
(a) GRADE DETERMINATION AUTHORITY FOR CERTAIN RESERVE MEDICAL
OFFICERS. -- Sections 3359(b) and 8359(b) of title 10, United States
Code, are each amended by striking "September 30, 1989" and inserting in
lieu thereof "September 30, 1992".
(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE OFFICERS SERVING ON
ACTIVE DUTY. -- (1) Sections 3380(d) and 8380(d) of such title are each
amended by striking out "September 30, 1989" and inserting in lieu
thereof "September 30, 1992".
(2) "10 USC 3380 note" The Secretary of the Army or the Secretary of
the Air Force, as appropriate, shall provide, in the case of a Reserve
officer appointed to a higher grade on or after the date of the
enactment of this Act under an appointment described in paragraph (3),
that the date of rank of such officer under that appointment shall be
the date of rank that would have applied to the appointment had the
authority referred to in that paragraph not lapsed.
(3) An appointment referred to in paragraph (2) is an appointment
under 3380 or 8380 of title 10, "10 USC 3380 note" United States Code,
that (as determined by the Secretary concerned) would have been made
during the period beginning on October 1, 1989, and ending on the date
of the enactment of this Act had the authority to make appointments
under that section not lapsed during such period.
(c) YEARS OF SERVICE FOR MANDATORY TRANSFER TO THE RETIRED RESERVE.
-- Effective as of October 1, 1989, section 1016(d) of the Department of
Defense Authorization Act, 1984 (10 U.S.C. 3360 note), is amended by
striking out "September 30, 1989" and inserting in lieu thereof
"September 30, 1992".
SEC. 504. TWO-YEAR EXTENSION OF AUTHORITY FOR CERTAIN SINGLE PARENTS
TO ENLIST IN RESERVE COMPONENTS
Section 523(d) of the National Defense Authorization Act for Fiscal
Year 1987 (10 U.S.C. 510 note) is amended by striking out "September 30,
1989" and inserting in lieu thereof "September 30, 1991".
SEC. 505. TWO-YEAR PROGRAM OF SPECIAL UNIT ASSIGNMENT PAY FOR
ENLISTED MEMBERS OF SELECTED RESERVE
(a) SPECIAL PAY. -- (1) Chapter 5 of title 37, United States Code,
is amended by inserting after section 308c the following new section:
"Section 308d. Special pay: enlisted members of the Selected
Reserve assigned to certain high priority units
"(a) Under regulations prescribed by the Secretary of Defense, an
enlisted member who is assigned to a high priority unit of the Selected
Reserve of the Ready Reserve of an armed force, as designated under
subsection (b), and who performs inactive duty for training for
compensation under section 206 of this title with such unit may be paid
compensation, in addition to the compensation to which the member is
otherwise entitled, in an amount not to exceed $10 for each regular
period of instruction, or period of appropriate duty, at which the
member is engaged for at least four hours, including any such
instruction or duty performed on a Sunday or holiday.
"(b) The Secretary concerned may designate a unit, for the purposes
of subsection (a) and under such terms and conditions as the Secretary
considers appropriate, as a high priority unit if that unit has
experienced, or reasonably might be expected to experience, critical
personnel shortages. The Secretary may vacate a designation made under
this subsection at any time he considers the designation no longer
necessary.
"(c) Additional compensation may not be paid under this section for
inactive duty performed after September 30, 1991.".
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 308c the following new
item:
"308d. Special pay: enlisted members of the Selected Reserve
assigned to certain high priority units.".
(b) REPORT. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the administration of the special pay program provided for
in section 308d of title 37, "10 USC 308d note" United States Code, as
added by subsection (a). The report shall be submitted not later than
May 1, 1991, and shall include such comments and recommendations as the
Secretary considers appropriate.
SEC. 506. MILITARY EDUCATION FOR CIVILIAN TECHNICIANS OF THE ARMY
NATIONAL GUARD
(a) "10 USC 709 note" BATTLE SKILLS COURSES. -- A civilian
technician of the Army National Guard may not be denied a military
promotion because of the failure of the technician to attend the Battle
Skills Course if the technician has requested in writing to attend such
a course and has not been selected to attend a course that would permit
completion of the course within one year after such request. If a
civilian technician receives a military promotion before the technician
has completed the Battle Skills Course, the technician shall complete
that course within one year after the date of the promotion.
(b) TREATMENT OF TRAINING UNDER EARLIER PROGRAMS. -- For purposes of
any reserve component noncommissioned officers education program
established for the training of civilian technicians of the Army
National Guard, the Secretary of the Army shall accept as meeting the
requirements of that program --
(1) training completed by a civilian technician before October
1, 1987, through courses known as --
(A) Primary Leadership Development courses;
(B) Basic Noncommissioned Officers courses; and
(C) Advanced Noncommissioned Officers courses; and
(2) an abbreviated course to update leadership training,
knowledge of doctrine, and tactical skills.
(c) PLAN. -- (1) The Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a plan to use State and National Guard Bureau regional academies by
October 1, 1993, to provide the portion of the Reserve Component
Noncommissioned Officers Education System specifically related to
military occupational specialties. Such plan shall also identify
personnel, funds, and other resources required to implement the plan.
(2) The Secretary of the Army shall submit the plan required by
paragraph (1) not later than April 1, 1990.
(d) AMENDMENT. -- Section 523 of Public Law 100-456 (102 Stat. 1974)
"32 USC 709 note" is amended by striking out "shall" in subsections (a)
and (c) and inserting in lieu thereof "may, at the technician's
option,".
SEC. 511. INCREASE IN SERVICE OBLIGATION FOR GRADUATES OF THE
SERVICE ACADEMIES AND THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES
(a) UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. -- Section
2114(b) of title 10, United States Code, is amended by striking out
"seven years" in the fourth sentence and inserting in lieu thereof "10
years".
(b) MILITARY ACADEMY. -- Section 4348(a)(2)(B) of such title is
amended by striking out "five years" and inserting in lieu thereof "six
years".
(c) NAVAL ACADEMY. -- Section 6959(a)(2)(B) of such title is amended
by striking out "five years" and inserting in lieu thereof "six years".
(d) AIR FORCE ACADEMY. -- Section 9348 of such title is amended by
striking out "five years" and inserting in lieu thereof "six years".
(e) EFFECTIVE DATE. -- The amendments made by this section "10 USC
2114 note" shall apply to persons who are first admitted to the
Uniformed Services University of the Health Sciences or one of the
military service academies after December 31, 1991.
SEC. 512. EXTENSION OF AUTHORITY TO MAKE TEMPORARY PROMOTIONS OF
CERTAIN NAVY LIEUTENANTS
(a) THREE-YEAR EXTENSION. -- Section 5721(f) of title 10, United
States Code, is amended by striking out "September 30, 1989" and
inserting in lieu thereof "September 30, 1992".
(b) SAVINGS PROVISION. -- (1) "10 USC 5721 note" The Secretary of
the Navy shall provide, in the case of an officer appointed to the grade
of lieutenant commander on or after the date of the enactment of this
Act under an appointment described in paragraph (2), that the date of
rank of such officer under that appointment shall be the date of rank
that would have applied to the appointment had the authority referred to
in that paragraph not lapsed.
(2) An appointment referred to in paragraph (1) is an appointment
under 5721 of title 10, United States Code, that (as determined by the
Secretary of the Navy) would have been made during the period beginning
on October 1, 1989, and ending on the date of the enactment of this Act
had the authority to make appointments under that section not lapsed
during such period.
SEC. 513. TESTING OF NEW ENTRANTS FOR DRUG AND ALCOHOL ABUSE
(a) AUTHORITY TO TEST BEFORE ACCESSION. -- Subsection (a) of section
978 of title 10, United States Code, is amended --
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking out paragraph (1) and inserting in lieu thereof
the following:
"(1) The Secretary concerned shall require that, except as provided
under paragraph (2), each person applying for an original enlistment or
appointment in the armed forces shall be required, before becoming a
member of the armed forces, to --
"(A) undergo testing (by practicable, scientifically supported
means) for drug and alcohol use; and
"(B) be evaluated for drug and alcohol dependency.
"(2) The Secretary concerned may provide that, in lieu of undergoing
the testing and evaluation described in paragraph (1) before becoming a
member of the armed forces, a member of the armed forces under the
Secretary's jurisdiction may be administered that testing and evaluation
after the member's initial entry on active duty. In any such case, the
testing and evaluation shall be carried out within 72 hours of the
member's initial entry on active duty.".
(b) CONFORMING AMENDMENTS. -- (1) Subsection (b) of such section is
amended to read as follows:
"(b) A person who refuses to consent to testing and evaluation
required by subsection (a) may not (unless that person subsequently
consents to such testing and evaluation) --
"(1) be accepted for an original enlistment in the armed forces
or given an original appointment as an officer in the armed
forces; or
"(2) if such person is already a member of the armed forces, be
retained in the armed forces.
An original appointment of any such person as an officer shall be
terminated.".
(2) Subsection (c) of such section is amended --
(A) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(B) by inserting at the beginning of the subsection the
following new paragraph (1):
"(1) A person determined, as the result of testing conducted under
subsection (a)(1), to be dependent on drugs or alcohol shall be denied
entrance into the armed forces.";
(C) in paragraph (2) (as so redesignated), by striking out
"subsection (a)(1)(B)" and inserting in lieu thereof "subsection
(a)(2)"; and
(D) in paragraph (3) (as so redesignated) --
(i) by inserting "who is denied entrance into the armed forces
under paragraph (1), or a" after "A person"; and
(ii) by striking out "paragraph (1)" and inserting in lieu
thereof "paragraph (2),".
(c) EXCESS LEAVE STATUS FOR PERSONS TESTING POSITIVE. -- Subsection
(c) of such section, as amended by subsection (b), is further amended by
adding at the end the following new paragraph:
"(4) The Secretary concerned may place on excess leave any member of
the armed forces whose test results under subsection (a)(2) are positive
for drug or alcohol use. The Secretary may continue such member's
status on excess leave pending disposition of the member's case and
processing for administrative separation.".
(d) TRANSITION PROVISION. -- The amendments made by subsections (a)
and (b) "10 USC 978 note" shall take effect as of October 1, 1989.
SEC. 514. CORRECTION OF MILITARY RECORDS CONCERNING PROMOTIONS AND
ENLISTMENTS OF ENLISTED MEMBERS
(a) AUTHORITY OF SERVICE SECRETARIES. -- Subsection (a) of section
1552 of title 10, United States Code, is amended to read as follows:
"(a)(1) The Secretary of a military department may correct any
military record of the Secretary's department when the Secretary
considers it necessary to correct an error or remove an injustice.
Except as provided in paragraph (2), such corrections shall be made by
the Secretary acting through boards of civilians of the executive part
of that military department. The Secretary of Transportation may in the
same manner correct any military record of the Coast Guard.
"(2) The Secretary concerned is not required to act through a board
in the case of the correction of a military record announcing a decision
that a person is not eligible to enlist (or reenlist) or is not accepted
for enlistment (or reenlistment) or announcing a decision not to promote
an enlisted member to a higher grade. Such a correction may be made
only if the correction is favorable to the person concerned.
"(3) Corrections under this section shall be made under procedures
established by the Secretary concerned. In the case of the Secretary of
a military department, those procedures must be approved by the
Secretary of Defense.
"(4) Except when procured by fraud, a correction under this section
is final and conclusive on all officers of the United States.".
(b) TIME FOR REQUEST FOR CORRECTION. -- Subsection (b) of such
section is amended by striking out "subsection (a)" both places it
appears and inserting in lieu thereof "subsection (a)(1)".
SEC. 515. TITLE OF ADMISSIONS OFFICER OF UNITED STATES AIR FORCE
ACADEMY
(a) CHANGE IN TITLE OF REGISTRAR. -- Chapter 903 of title 10, United
States Code, is amended as follows:
(1) Section 9331(b)(6) is amended by striking out "registrar"
and inserting in lieu thereof "director of admissions".
(2) Section 9333(c) is amended by striking out "registrar" and
inserting in lieu thereof "director of admissions".
(3) Section 9334(b) is amended by striking out "registrar" and
inserting in lieu thereof "director of admissions".
(4) Section 9336(b) is amended by striking out "registrar" each
place it appears and inserting in lieu thereof "director of
admissions".
(b) CLERICAL AMENDMENTS. -- (1) The heading of section 9336 of such
title is amended to read as follows:
"Section 9336. Permanent professors; director of admissions".
(2) The item relating to such section in the table of sections at the
beginning of chapter 903 of such title is amended to read as follows:
"9336. Permanent professors; director of admissions.".
SEC. 516. ELIGIBILITY FOR PRISONER OF WAR MEDAL
(a) EXTENSION TO MEMBERS HELD BY HOSTILE FORCES. -- Section 1128(a)
of title 10, United States Code, is amended --
(1) by striking out "or" at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof "; or"; and
(3) by adding at the end the following new paragraph:
"(4) by foreign armed forces that are hostile to the United
States, under circumstances which the Secretary concerned finds to
have been comparable to those under which persons have generally
been held captive by enemy armed forces during periods of armed
conflict.".
(b) EFFECTIVE DATE. -- Paragraph (4) of section 1128(a) of title 10,
United States Code, "10 USC 1128 note" as added by subsection (a),
applies with respect to periods of captivity after April 5, 1917.
SEC. 517. GAO REPORT ON TECHNICAL TRAINING FOR RECRUITS AND MEMBERS
OF THE RESERVE COMPONENTS
(a) REPORT REGARDING PROVISION OF TECHNICAL TRAINING. -- The
Comptroller General of the United States shall prepare a report on
various options for providing technical training for military recruits
and members of the reserve components. The report shall evaluate the
practicality and desirability of --
(1) providing persons who desire to enlist in the Armed Forces
with technical training either before enlistment or immediately
after enlistment;
(2) using civilian institutions of higher education and
vocational schools to provide such training; and
(3) using civilian institutions of higher education and
vocational schools to provide training in individual technical
skills for members of the reserve components.
(b) MATTERS TO BE INCLUDED IN REPORT. -- The report required by
subsection (a) shall include the following:
(1) A comparison of (A) technical skills training provided by
the Armed Forces, with (B) technical skills training available in
civilian institutions of higher education and vocational schools.
(2) A description of a program by which a person eligible for
enlistment in the Armed Forces would receive technical training
in, or under contract with, an institution of higher education or
vocational school (and a stipend to pursue such training) (A)
before enlistment in exchange for a commitment to serve in the
Armed Forces, or (B) immediately after basic training.
(3) A description of any personnel savings and other savings
that could result from the implementation of such a program.
(4) A description of a program by which institutions of higher
education and vocational schools would enhance the readiness of
the reserve components by supplementing active-duty individual
skills training.
(5) A description of the specific training improvements, if
any, that could result from the implementation of such a program.
(6) A description of a demonstration project to test such a
program, on a limited basis as determined in consultation with the
Secretary of Defense, together with a description of the cost of
such demonstration project.
(c) SUBMISSION OF REPORT. -- The Comptroller General shall submit
the report required by subsection (a) to the Committees on Armed
Services of the Senate and House of Representatives not later than
February 1, 1991.
(d) DEFINITIONS. -- For purposes of this section:
(1) The term "technical training" means training in noncombat
skills in technical fields, including electricity, machinery,
welding, surveying, journalism, and photography.
(2) The terms "institution of higher education" and "vocational
school" have the meanings given those terms in section 435 of the
Higher Education Act of 1965 (20 U.S.C. 1085).
SEC. 518. PROVISION OF OFF-DUTY POSTSECONDARY EDUCATION SERVICES
OVERSEAS
Section 1212 of the Department of Defense Authorization Act, 1986 (10
U.S.C. 113 note), is amended --
(1) by striking out subsections (c) and (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
"(c)(1) The Secretary of Defense shall conduct a study to determine
the current and future needs of members of the Armed Forces, civilian
employees of the Department of Defense, and the dependents of such
members and employees for postsecondary education services at overseas
locations. The Secretary shall determine on the basis of the results of
that study whether the policies and procedures of the Department in
effect on the date of the enactment of the Department of Defense
Authorization Act for Fiscal Years 1990 and 1991 with respect to the
procurement of such services are --
"(A) consistent with the provisions of subsections (a) and (b);
"(B) adequate to ensure the recipients of such services the
benefit of a choice in the offering of such services; and
"(C) adequate to ensure that persons stationed at
geographically isolated military installations or at installations
with small complements of military personnel are adequately
served.
The Secretary shall complete the study in such time as necessary to
enable the Secretary to submit the report required by paragraph (2)(A)
by the deadline specified in that paragraph.
"(2)(A) The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
results of the study referred to in paragraph (1), together with a copy
of any revisions in policies and procedures made as a result of such
study. The report shall be submitted not later than March 1, 1990.
"(B) The Secretary shall include in the report an explanation of how
determinations are made with regard to --
"(i) affording members, employees, and dependents a choice in
the offering of courses of postsecondary education; and
"(ii) whether the services provided under a contract for such
services should be limited to an installation, theater, or other
geographic area.
"(3)(A) Except as provided in subparagraph (B), no contract for the
provision of services referred to in subsection (a) may be awarded, and
no contract or agreement entered into before the date of the enactment
of this paragraph may be renewed or extended on or after such date,
until the end of the 60-day period beginning on the date on which the
report referred to in paragraph (2)(A) is received by the committees
named in that paragraph.
"(B) A contract or an agreement in effect on October 1, 1989, for the
provision of postsecondary education services in the European Theater
for members of the Armed Forces, civilian employees of the Department of
Defense, and the dependents of such members and employees may be renewed
or extended without regard to the limitation in subparagraph (A).
"(C) In the case of a contract for services with respect to which a
solicitation is pending on the date of the enactment of this paragraph,
the contract may be awarded --
"(i) on the basis of the solicitation as issued before the date
of the enactment of this paragraph;
"(ii) on the basis of the solicitation issued before the date
of the enactment of this paragraph modified so as to conform to
any changes in policies and procedures the Secretary determines
should be made as a result of the study required under paragraph
(1); or
"(iii) on the basis of a new solicitation.".
SEC. 519. MATTERS TO BE CONSIDERED BY PROMOTION BOARDS IN CASE OF
OFFICERS IN HEALTH PROFESSIONS COMPETITIVE CATEGORIES
Section 615 of title 10, United States Code, is amended by adding at
the end the following new subsection:
"(d) The Secretary of each military department, under uniform
regulations prescribed by the Secretary of Defense, shall include in
guidelines furnished to a selection board convened under section 611(a)
of this title that is considering officers in a health-professions
competitive category for promotion to a grade below colonel or, in the
case of the Navy, captain, a direction that the board give consideration
to an officer's clinical proficiency and skill as a health professional
to at least as great an extent as the board gives to the officer's
administrative and management skills.".
SEC. 520. REPORT ON CONSTRUCTIVE CREDIT FOR NURSES
(a) REPORT REQUIREMENT. -- The Secretary of Defense shall prepare a
report on the awarding of constructive credit to military nurses for
education, training, or experience. The report shall discuss existing
provisions of law providing for such constructive credit, including a
discussion of any inequities which the Secretary considers that such
provisions may have created. If the Secretary determines that any such
inequities have been created, the report shall include recommendations
by the Secretary for ways to eliminate or reduce those inequities.
(b) SUBMISSION OF REPORT. -- The report required by subsection (a)
shall be submitted to the Committees on Armed Services of the Senate and
House of Representatives not later than March 1, 1990.
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1990
(a) WAIVER OF SECTION 1009 ADJUSTMENT. -- Any adjustment required by
section 1009 of title 37, United States Code, "37 USC 1009 note" in
elements of compensation of members of the uniformed services to become
effective during fiscal year 1990 shall not be made.
(b) "37 USC 1009 note" INCREASE IN BASIC PAY, BAS, AND BAQ. -- The
rates of basic pay, basic allowance for subsistence, and basic allowance
for quarters of members of the uniformed services are increased by 3.6
percent effective on January 1, 1990.
(c) INCREASE IN CADET AND MIDSHIPMAN PAY. -- Effective on January 1,
1990, section 203(c)(1) of title 37, United States Code, is amended by
striking out "$525" and inserting in lieu thereof "$543.90".
SEC. 602. LIMITATION ON ADJUSTMENTS IN VARIABLE HOUSING ALLOWANCE
(a) LIMITATION. -- Section 403a(c)(2) of title 37, United States
Code, is amended by inserting before the period the following: ",
except that the monthly amount of a variable housing allowance for a
member may not be reduced to the extent that the total of basic pay,
basic allowance for quarters, basic allowance for subsistence, and
variable housing allowance of the member is reduced, as a result of such
a reduction, below the monthly total of those items for the month
preceding the effective date of the most recent increase in the rate of
basic pay of the member".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "37 USC
403a note" shall take effect on October 1, 1990.
SEC. 611. INCREASE IN SELECTIVE REENLISTMENT BONUS
(a) INCREASE IN SELECTIVE REENLISTMENT BONUS. -- Section 308(a) of
title 37, United States Code, is amended --
(1) by striking out "paid a bonus," in paragraph (1) and all
that follows in that paragraph and inserting in lieu thereof "paid
a bonus as provided in paragraph (2).";
(2) by redesignating paragraph (2) as paragraph (4) and in that
paragraph striking out "of this subsection"; and
(3) by inserting after paragraph (1) the following new
paragraphs:
"(2) The bonus to be paid under paragraph (1) may not exceed the
lesser of the following amounts:
"(A) The amount equal to the product of --
"(i) ten times the monthly rate of basic pay to which the
member was entitled at the time of the discharge or release of the
member; and
"(ii) the number of years (or the monthly fractions thereof) of
the term of reenlistment or extension of enlistment, not to exceed
six.
"(B) $45,000.
"(3) Any portion of a term of reenlistment or extension of enlistment
of a member that, when added to the total years of service of the member
at the time of discharge or release, exceeds 16 years may not be used in
computing a bonus under paragraph (2)(A).".
(b) EFFECTIVE DATE. -- The amendments made by this section shall
apply with respect to reenlistment and extension of enlistment
agreements entered into under section 308(a) of title 37, "37 USC 308
note" United States Code, after September 30, 1989.
SEC. 612. ENLISTMENT BONUS FOR MEMBERS IN SKILLS DESIGNATED AS
CRITICAL
(a) INCREASE IN AUTHORIZED BONUS AND FIRST INSTALLMENT. -- Section
308a(a) of title 37, United States Code, is amended --
(1) by striking out "$8,000" in the first sentence and
inserting in lieu thereof "$12,000"; and
(2) by striking out "$5,000" in the second sentence and
inserting in lieu thereof "$7,000".
(b) LIMITATION ON PAYMENTS. -- The total amount of payments made
during fiscal year 1990 under section 308a(a) of title 37, "37 USC 308a
note" United States Code, by the Secretary of the Army may not exceed
$66,400,000.
(c) EFFECTIVE DATE. -- The amendments made by subsection (a) "37 USC
308a note" shall apply with respect to an enlistment or extension of an
initial period of active duty (in a skill designated as critical)
entered into on or after October 1, 1989.
SEC. 613. EXTENSION OF ENLISTMENT AND REENLISTMENT BONUS AUTHORITIES
FOR RESERVE FORCES
Sections 308b(g), 308c(f), 308e(e), 308g(h), 308h(g), and 308i(i) of
title 37, United States Code, are amended by striking out "September 30,
1990" and inserting in lieu thereof "September 30, 1992".
SEC. 614. EXTENSION OF SPECIAL PAY PROGRAMS FOR NUCLEAR-QUALIFIED
OFFICERS
(a) SPECIAL PAY FOR OFFICERS EXTENDING PERIOD OF ACTIVE DUTY. --
Section 312(e) of title 37, United States Code, is amended by striking
out "September 30, 1990" and inserting in lieu thereof "September 30,
1995".
(b) ACCESSION BONUS. -- Section 312b(d) of such title is amended by
striking out "September 30, 1990" and inserting in lieu thereof
"September 30, 1995".
(c) ANNUAL INCENTIVE BONUS. -- Section 312c of such title is amended
--
(1) by striking out "ending before October 1, 1990" in
subsections (a)(1) and (b)(1); and
(2) by striking out "October 1, 1990" in subsection (e) and
inserting in lieu thereof "October 1, 1995".
SEC. 621. REIMBURSEMENT FOR CERTAIN FEES INCURRED IN TRAVEL
(a) REIMBURSEMENT AUTHORIZED. -- Section 404 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
"(i) Under uniform regulations prescribed by the Secretaries
concerned, a member of a uniformed service entitled to travel and
transportation allowances under subsection (a) is entitled to
reimbursement for parking fees, ferry fares, and bridge, road, and
tunnel tolls actually incurred incident to such travel.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "37 USC
404 note" shall apply with respect to travel and transportation
commenced after the date of the enactment of this Act.
SEC. 622. LUMP-SUM PAYMENT OF OVERSEAS HOUSING COSTS
(a) PAYMENTS AUTHORIZED. -- Section 405 of title 37, United States
Code, is amended by adding at the end the following new subsection:
"(d) In the case of a member of the uniformed services authorized to
receive a per diem allowance under subsection (a), the Secretary
concerned may make a lump-sum payment for nonrecurring expenses incurred
by the member in occupying private housing outside of the United States.
Expenses for which payments are made under this subsection may not be
considered for purposes of determining the per diem allowance of the
member under subsection (a).".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "37 USC
405 note" shall apply with respect to expenses incurred after August 31,
1990.
SEC. 623. CLARIFICATION OF ALLOWANCE FOR TRANSPORTATION OF HOUSEHOLD
EFFECTS
(a) WAIVER FOR SUBSTANTIAL HARDSHIP. -- Section 406(b)(1) of title
37, United States Code, is amended by adding at the end the following
new subparagraph:
"(D) In connection with the change of temporary or permanent station
of a member in a pay grade below pay grade O-6, the Secretary concerned
may authorize a higher weight allowance than the weight allowance
determined under subparagraph (C) for the member if the Secretary
concerned determines that the application of the weight allowance
determined under such subparagraph would result in significant hardship
to the member or the dependents of the member. An increase in weight
allowance under this subparagraph may not result in a weight allowance
exceeding the weight allowance specified in subparagraph (C) for pay
grades O-6 to O-10. The Secretary of Defense shall prescribe
regulations to carry out this subparagraph.".
(b) TECHNICAL AMENDMENT. -- Subparagraph (C) of such section is
amended by inserting "in pounds" after "weight allowance" in the matter
preceding the table.
(c) EFFECTIVE DATE. -- The authority provided in subparagraph (D),
"37 USC 406 note" as added by subsection (a), shall apply with respect
to the transportation of baggage and household effects occurring after
June 30, 1989.
SEC. 624. TRAVEL ENTITLEMENT FOR MEMBERS ASSIGNED TO A VESSEL UNDER
CONSTRUCTION
(a) AUTHORIZATION FOR TRAVEL ALLOWANCE. -- (1) Chapter 7 of title
37, United States Code, is amended by inserting after section 406b the
following new section:
"Section 406c. Travel and transportation allowances: members
assigned to a vessel under construction
"(a) ALLOWANCE AUTHORIZED. -- (1) Under regulations prescribed by
the Secretary concerned, a member of the uniformed services who is
assigned to permanent duty aboard a ship that is under construction at a
location other than --
"(A) the designated home port of the ship; or
"(B) the area where the dependents of the member are residing,
is entitled to transportation, or an allowance for transportation under
section 404(d)(3) of this title, for round-trip travel from the port of
construction to either of those locations as provided in paragraph (2).
"(2) A member referred to in paragraph (1) shall be entitled to such
transportation or allowance on or after the thirty-first day (and every
sixtieth day after the thirty-first day) after the later of --
"(A) the date on which the ship enters the construction port;
and
"(B) the date on which the member becomes permanently assigned
to the ship.
"(3) The amount of reimbursement for personally procured
transportation or the allowance for transportation under this subsection
may not exceed the cost of Government-procured commercial round-trip air
travel.
"(b) DEPENDENTS TRAVEL. -- (1) In lieu of the entitlement of a
member of the uniformed services to transportation under subsection (a),
the Secretary concerned may provide transportation in kind,
reimbursement for personally procured transportation, or a monetary
allowance in place of the cost of transportation as provided in section
404(d)(1) of this title for the travel of the dependents of the member
from the location that was the home port of the ship before commencement
of construction to the port of construction.
"(2) The total reimbursement for transportation for the member's
dependents under paragraph (1) may not exceed the cost of
Government-procured commercial round-trip travel.
"(c) CHANGE OF HOME PORT. -- In any case in which a member of the
uniformed services assigned to permanent duty aboard a ship that
undergoes a change of home port to the port at which the ship is being
constructed, the dependents of such member may be provided the
transportation allowances prescribed in subsections (a) and (b) in lieu
of the transportation authorized by section 406 of this title and
section 2634 of title 10.
"(d) APPLICATION OF OTHER LAW. -- Section 420 of this title does not
apply with respect to transportation or allowances provided under this
section.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 406b the following new
item:
"406c. Travel and transportation allowances: members assigned to a
vessel under construction.".
(b) CLARIFYING AMENDMENT. -- Subsection (c) of section 406b of such
title is amended to read as follows:
"(c) In any case in which a member of the uniformed services is
assigned to permanent duty aboard a ship that undergoes a change of home
port to the overhaul or inactivation port, the dependents of the member
may be provided transportation allowances prescribed in subsections (a)
and (b) in lieu of the transportation authorized by section 406 of this
title and section 2634 of title 10.".
SEC. 625. STUDENT TRAVEL AUTHORIZED FOR DEPENDENTS OF MEMBERS IN
ALASKA AND HAWAII
(a) AUTHORIZATION FOR DEPENDENT CHILDREN. -- Section 430 of title
37, United States Code, is amended --
(1) in subsection (a) --
(A) by striking out "United States" in paragraphs (1) and (3)
and inserting in lieu thereof "continental United States"; and
(B) by striking out "oversea" in paragraph (2);
(2) in subsection (b) --
(A) by striking out "United States" each place it appears and
inserting in lieu thereof "continental United States"; and
(B) by striking out "in the oversea area" and inserting in lieu
thereof "outside the continental United States"; and
(3) by adding at the end the following new subsections:
"(d) For a member assigned to duty outside the continental United
States, transportation under this section may be provided a dependent
child as described in subsection (a)(3) who is attending a school in
Alaska or Hawaii.
"(e) The transportation allowance authorized by this section (whether
transportation in kind or reimbursement) may not be paid in the case of
a member assigned to a permanent duty station in Alaska or Hawaii for a
child attending a school in the State of the permanent duty station.
"(f) In this section, the term 'continental United States' means the
48 contiguous States and the District of Columbia.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "37 USC
440 note" shall apply with respect to travel and transportation
commenced after the date of the enactment of this Act.
SEC. 631. AVIATION CAREER INCENTIVE PAY
(a) ENTITLEMENT REQUIREMENTS. -- Subsection (a)(4) of section 301a
of title 37, United States Code, is amended --
(1) by striking out "6 of the first 12, and 11 of the first 18
years of his aviation service." in the first sentence and
inserting in lieu thereof "9 of the first 12, and 12 of the first
18 years of the aviation service of the officer.";
(2) by striking out "at least 9 but less than 11 of the first
18 years of his aviation service, he" in the second sentence and
inserting in lieu thereof "at least 10 but less than 12 of the
first 18 years of the aviation service of the officer, the
officer"; and
(3) by striking out "his officer service" in the second
sentence and inserting in lieu thereof "the officer's service as
an officer".
(b) WAIVER OF ENTITLEMENT REQUIREMENTS BY THE SECRETARY CONCERNED.
-- Subsection (a)(5) of such section is amended by inserting after the
first sentence the following new sentence: "For the needs of the
service, the Secretary concerned may permit, on a case by case basis, an
officer to continue to receive continuous monthly incentive pay despite
the failure of the officer to perform the prescribed operational flying
duty requirements during the prescribed periods of time so long as the
officer has performed those requirements for not less than 6 years of
aviation service.".
(c) MONTHLY RATES. -- (1) Subsection (b)(1) of such section is
amended --
(A) by striking out "400" in the portion of the table
designated as Phase I and inserting in lieu thererof "650"; and
(B) by striking out the portion of the table designated as
Phase II and inserting in lieu thereof the following:
(2) Subsection (b)(2) of such section is amended by striking out
"400" in the table and inserting in lieu thereof "650".
(d) REPORT ON NUMBER OF OFFICERS RECEIVING A WAIVER. -- Such section
is further amended by adding at the end the following new subsection:
"(f) The Secretary of Defense shall submit annually to Congress a
report specifying for the year covered by the report --
"(1) the total number of officers who were determined under
subsection (a)(5) to have failed to perform the minimum prescribed
operational flying duty requirements;
"(2) the number of those officers who continued to receive
continuous monthly incentive pay despite their failure to perform
the minimum prescribed operational flying duty requirements and
the extent to which they failed to perform those requirements;
and
"(3) the reasons for the exercise of the authority under the
second sentence of subsection (a)(5) in the case of each officer
specified pursuant to paragraph (2).".
(e) EFFECTIVE DATE. -- "37 USC 301a note" (1) Except as provided in
paragraph (2), the amendments made --
(A) by subsection (c) shall take effect on the date of the
enactment of this Act; and
(B) by subsections (a), (b), and (d) shall take effect on
October 1, 1991.
(2) The Secretary of a military department may delay, subject to the
approval of the Secretary of Defense, the implementation of the
amendments made by subsection (c) with respect to the department of that
Secretary until such time as the Secretary concerned determines that
implementation of those amendments is necessary to meet the needs of
that department.
(3) If the Secretary of a military department delays under paragraph
(2) the implementation of the amendments made by subsection (c) beyond
October 1, 1991, the Secretary may also delay implementation of the
amendments made by subsections (a), (b), and (d) until the date on which
the Secretary implements the amendments made by subsection (c). During
the delay in implementation, the provisions of section 301a of title 37,
United States Code, as in effect on the day before the date of the
enactment of this Act, shall continue to apply in the case of such
department to the payment of aviation career incentive pay under such
section.
(f) TRANSITION. -- "37 usc 3-01a note" (1) An officer of a uniformed
service who, as of the date the amendments made by subsections (a), (b),
and (d) take effect with regard to the officer's uniformed service --
(A) has completed years of aviation service in an amount equal
to one of the number of years of aviation service specified in
column 1 of the following table; and
(B) has performed, or subsequently performs, the prescribed
operational flying duties (including flight training but excluding
proficiency flying) during the number of years of aviation service
specified in column 2 of such table and corresponding to the
number of years of aviation service applicable to the officer
under column 1,
shall be entitled to continuous monthly incentive pay at the rates
provided in section 301a(b) of title 37, United States Code (as amended
by this section) until the officer completes the years of service as an
officer specified in column 3 of such table and applicable to the
officer.
TABLE NOT AVAILABLE ON JURIS
(2) For purposes of this subsection, the terms "operational flying
duty" and "proficiency flying duty" have the meaning given to such terms
in section 301a(a)(6) of title 37, United States Code.
SEC. 632. AVIATOR RETENTION BONUSES
(a) EXTENSION AND CODIFICATION OF CURRENT PROGRAM. -- Section 301b
of title 37, United States Code, is amended to read as follows:
"Section 301b. Special pay: aviation career officers extending
period of active duty
"(a) BONUS AUTHORIZED. -- An aviation officer described in
subsection (b) who, during the period beginning on January 1, 1989, and
ending on September 30, 1991, executes a written agreement to remain on
active duty in aviation service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be paid a
retention bonus as provided in this section.
"(b) COVERED OFFICERS. -- An aviation officer referred to in
subsection (a) is an officer of a uniformed service who --
"(1) is entitled to aviation career incentive pay under section
301a of this title;
"(2) is in an aviation specialty designated by the Secretary
concerned (with the approval of the Secretary of Defense in the
case of the Secretary of a military department) as a critical
aviation specialty;
"(3) is in a pay grade below pay grade 0-6;
"(4) is qualified to perform operational flying duty;
"(5) has completed at least six but less than 13 years of
active duty; and
"(6) has completed any active duty service commitment incurred
for undergraduate aviator training.
"(c) AMOUNT OF BONUS. -- The amount of a retention bonus paid under
this section may not be more than --
"(1) $12,000 for each year covered by the written agreement, if
the officer agrees to remain on active duty to complete 14 years
of commissioned service; or
"(2) $6,000 for each year covered by the written agreement, if
the officer agrees to remain on active duty for one or two years.
"(d) PRORATION. -- The term of an agreement under subsection (a) and
the amount of the bonus under subsection (c) may be prorated as long as
such agreement does not extend beyond the date on which the officer
making such agreement would complete 14 years of commissioned service.
"(e) PAYMENT OF BONUS. -- Upon the acceptance of a written agreement
under subsection (a) by the Secretary concerned, the total amount
payable pursuant to the agreement becomes fixed and may be paid by the
Secretary in either a lump sum or installments.
"(f) ADDITIONAL PAY. -- A retention bonus paid under this section is
in addition to any other pay and allowances to which an officer is
entitled.
"(g) REPAYMENT OF BONUS. -- (1) If an officer who has entered into a
written agreement under subsection (a) and has received all or part of a
retention bonus under this section fails to complete the total period of
active duty specified in the agreement, the Secretary concerned may
require the officer to repay the United States, on a pro rata basis and
to the extent that the Secretary determines conditions and circumstances
warrant, all sums paid under this section.
"(2) An obligation to repay the United States imposed under paragraph
(1) is for all purposes a debt owed to the United States.
"(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (a) does not discharge the officer signing the
agreement from a debt arising under such agreement or under paragraph
(1). This paragraph applies to any case commenced under title 11 after
January 1, 1989.
"(h) REGULATIONS. -- The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.
"(i) REPORTS. -- (1) Not later than February 15 of each year, the
Secretaries concerned shall submit to the Secretary of Defense a report
analyzing the effect of the provision of retention bonuses to aviation
officers during the preceding fiscal year on the retention of qualified
aviators. Each report shall include --
"(A) a comparison of the cost of paying bonuses to officers who
enter into an agreement for the period referred to in subsection
(c)(1) with the cost of paying bonuses to officers who enter into
an agreement for a period referred to in subsection (c)(2);
"(B) a description of the increase in the retention of
qualified aviators as a result of the program; and
"(C) an examination of the desirability of targeting the
retention bonus program toward officers in a critical aviation
specialty rather than on the basis of experience or other
criteria.
"(2) Not later than March 15 of each year, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives copies of the reports submitted to the Secretary
under paragraph (1) with regard to the preceding fiscal year, together
with such comments and recommendations as the Secretary considers
appropriate.
"(j) LIMITATION ON PAYMENTS FOR FISCAL YEAR 1990. -- (1) The total
amount of payments made under this section to officers of the Air Force
during fiscal year 1990 may not exceed $78,000,000.
"(2) The total amount of payments made under this section to officers
of the Navy during fiscal year 1990 may not exceed $30,000,000.
"(k) DEFINITIONS. -- In this section:
"(1) The term 'aviation service' means the service performed by
an officer holding an aeronautical rating or designation (except a
flight surgeon or other medical officer).
"(2) The term 'aviation specialty' means a community of pilots
identified by type of aircraft or weapon system or a community of
other designated aeronautical officers so identified.
"(3) The term 'critical aviation specialty' means an aviation
specialty in which there exists a shortage of officers on the date
of designation under subsection (b).
"(4) The term 'operational flying duty' has the meaning given
such term in section 301a(a)(6)(A) of this title.".
(b) CONFORMING AMENDMENT. -- Section 611 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
1977), "37 USC 301b note" is amended by striking out subsection (e).
(c) AGREEMENTS ENTERED INTO UNDER THE FORMER LAW. -- (1) The
amendment made by subsection (a) shall not affect an agreement entered
into under section 301b of title 37, United States Code (as in effect on
September 30, 1989), and, except as provided in paragraph (2), the
provisions of such section as in effect on such day shall continue to
apply with respect to such agreement.
(2) For pay periods beginning after September 30, 1989, an officer
serving under an agreement entered into under section 301b of such title
before October 1, 1987, shall be entitled during the remainder of the
agreement to the monthly rate of aviation career incentive pay specified
in section 301a(b) of such title and corresponding to the officer's
years of aviation service or years of service as an officer.
(d) COVERAGE OF PERIOD OF LAPSED AUTHORITY. -- (1) In the case of an
aviation officer described in paragraph (2) who executes an agreement
under section 301b of title 37, United States Code, "37 USC 301b note"
during the 90-day period beginning on the date of the enactment of this
Act, the Secretary concerned may deem such agreement to have been
executed and accepted for purposes of such section on the first date on
which the officer would have qualified for such an agreement had the
amendment made by subsection (a) taken effect on October 1, 1989.
(2) An aviation officer referred to in paragraph (1) is an officer
who, during the period beginning on October 1, 1989, and ending on the
date of the enactment of this Act, would have qualified for an agreement
under such section had the amendment made by subsection (a) taken effect
on October 1, 1989.
(3) For purposes of this subsection, the term "Secretary concerned"
has the meaning given that term by section 101(5) of title 37, United
States Code.
SEC. 633. REDUCTION IN NONOPERATIONAL FLYING DUTY POSITIONS
(a) REDUCTIONS REQUIRED. -- (1) Not later than September 30, 1991,
the Secretary of Defense shall reduce the number of nonoperational
flying duty positions in the Armed Forces to a number equal to not more
than 98 percent of the total number of such positions in existence on
September 30, 1989.
(2) Not later than September 30, 1992, the Secretary of Defense shall
reduce the number of nonoperational flying duty positions in the Armed
Forces to a number equal to not more than 95 percent of the total number
of such positions in existence on September 30, 1989.
(b) LIMITATION ON INCREASES IN NONOPERATIONAL FLYING DUTY POSITIONS.
-- No increase in the number of nonoperational flying duty positions in
the Armed Forces (as a percentage of all flying duty positions in the
Armed Forces) may be made after September 30, 1992, unless the increase
is specifically authorized by law.
(c) DEFINITIONS. -- For purposes of this section:
(1) The term "Armed Forces" does not include the Coast Guard.
(2) The term "nonoperational flying duty position" means a
position in a military department identified by the Secretary of
that department as a position that --
(A) requires the assignment of an aviator; and
(B) does not include operational flying duty (as defined in
section 301a(6)(A) of title 37, United States Code).
SEC. 634. MINIMUM SERVICE REQUIREMENT FOR AVIATORS
(a) IN GENERAL. -- (1) Chapter 37 of title 10, United States Code,
is amended by adding at the end the following new section:
"Section 653. Minimum service requirement for certain flight crew
positions
"(a) PILOTS. -- The minimum active duty obligation of any member who
successfully completes training in the armed forces as a pilot shall be
8 years, if the member is trained to fly fixed-wing jet aircraft, and 6
years, if the member is trained to fly any other type of aircraft.
"(b) NAVIGATORS AND NAVAL FLIGHT OFFICERS. -- The minimum active
duty obligation of any member who successfully completes training in the
armed forces as a navigator or naval flight officer shall be 6 years.
"(c) DEFINITION. -- In this section, the term 'active duty
obligation' means the period of active duty required to be served after
--
"(1) completion of undergraduate pilot training in the case of
training as a pilot;
"(2) completion of undergraduate navigator training in the case
of training as a navigator; or
"(3) completion of undergraduate training as a naval flight
officer in the case of training as a naval flight officer.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"653. Minimum service requirement for certain flight crew
positions.".
(b) EFFECTIVE DATE. -- (1) Except as provided in paragraphs (2) and
(3), section 653 of title 10, United States Code, "10 USC 653 note" as
added by subsection (a)(1), shall apply to persons who begin
undergraduate pilot training, undergraduate navigator training, or
undergraduate naval flight officer training, as the case may be, after
September 30, 1990.
(2) Such section shall apply to persons who graduate from the United
States Military Academy, the United States Naval Academy, the United
States Air Force Academy, and the Coast Guard Academy after December 31,
1991, and to persons who satisfactorily complete the academic and
military requirements of the Senior Reserve Officers' Training Corps
program (provided for in chapter 103 of title 10, United States Code)
after December 31, 1991.
(3) The minimum service requirements provided for such section shall
not apply in the case of any person who entered into an agreement with
the Secretary concerned before October 1, 1990, and who is obligated
under the terms of such agreement to serve on active duty for a period
less than the applicable period specified in section 653 of such title.
(4) For purposes of this subsection, the term "Secretary concerned"
has the meaning given that term in section 101(8) of title 10, United
States Code.
SEC. 635. REPORT ON LIFE INSURANCE
(a) REPORT REQUIRED. -- Not later than November 15, 1990, the
Secretary of Defense shall submit to the Congress a report evaluating
the adequacy of the current Servicemen's Group Life Insurance program
and the practicability and desirability of providing an accidental death
insurance plan for aviators and other aviation crew members serving on
active duty that provides for the payment of death benefits in the
amount of $100,000 for death resulting directly from the performance of
operational flying duty. The report shall include a legislative
proposal containing the recommendations of the Secretary following such
evaluation and a recommendation on the advisability of providing an
accidental death insurance plan for other members of the Armed Forces on
active duty in an occupational specialty characterized as hazardous.
(b) DEFINITION. -- For purposes of subsection (a), the term
"operational flying duty" has the meaning given to that term in section
301a(a)(6)(A) of title 37, United States Code.
SEC. 636. REPORT ON AVIATOR ASSIGNMENT POLICIES AND PRACTICES
Not later than September 15, 1990, the Comptroller General of the
United States shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report evaluating the aviator
assignment policies and practices of the Armed Forces. The report shall
include an analysis of the effectiveness and efficiency of the aviator
assignment policies and practices of the Armed Forces, including an
analysis of the policies and practices followed in accommodating the
assignment preferences of aviators within operational needs of the Armed
Forces.
SEC. 637. SENSE OF CONGRESS REGARDING ESTABLISHMENT OF COMMISSION TO
CONDUCT A STUDY ON THE NATIONAL SHORTAGE OF AVIATORS
(a) ESTABLISHMENT OF COMMISSION. -- In view of the critical shortage
of qualified aviators in both the Armed Forces and in the commercial
airline industry of the United States, it is the sense of Congress that
the President should establish a commission to study the reasons for
such shortages and to consider effective and practicable means of
eliminating the shortages.
(b) MEMBERS OF THE COMMISSION. -- A commission established by the
President pursuant to subsection (a) should include as members --
(1) representatives from the commercial airline industry;
(2) representatives from the commercial and general aviation
pilots organizations;
(3) representatives from the Department of Defense;
(4) representatives from the Department of Transportation; and
(5) representatives from such other sources as the President
considers appropriate.
(c) TIME OF APPOINTMENT. -- The President should appoint all members
of the commission not later than February 15, 1990.
(d) REPORT. -- The commission should submit a report on the results
of its study to the President and Congress not later than March 1, 1991,
together with specific recommendations for eliminating the shortage of
aviators in the United States.
SEC. 641. INCREASE IN AMOUNT PAYABLE UNDER MONTGOMERY GI BILL FOR
CRITICAL SPECIALTIES
Section 1415(c) of title 38, United States Code, is amended by
striking out "$400 per month" and inserting in lieu thereof "$400 per
month, in the case of an individual who first became a member of the
Armed Forces before the date of the enactment of the National Defense
Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in
the case of an individual who first became a member of the Armed Forces
on or after that date".
SEC. 642. PAYMENTS FOR VOCATIONAL-TECHNICAL TRAINING UNDER
RESERVE-COMPONENT GI BILL
(a) IN GENERAL. -- Section 2131(c)(1) of title 10, United States
Code, is amended to read as follows:
"(c)(1) Educational assistance may be provided under this chapter for
pursuit of any program of education that is an approved program of
education for purposes of chapter 30 of title 38 other than a program of
education in a course of instruction beyond the baccalaureate degree
level.".
(b) AMOUNT OF ASSISTANCE. -- Section 2131 of such title is amended
--
(1) in subsection (b) --
(A) by striking out "Each" and inserting in lieu thereof
"Except as provided in subsections (d) through (f), each"; and
(B) by inserting ", through the Secretary of Veterans Affairs,"
after "Secretary concerned"; and
(2) by adding at the end the following:
"(d)(1) Except as provided in paragraph (2), the amount of the
monthly educational assistance allowance payable to a person pursuing a
full-time program of apprenticeship or other on-the-job training under
this chapter is --
"(A) for each of the first six months of the person's pursuit
of such program, 75 percent of the monthly educational assistance
allowance otherwise payable to such person under this chapter;
"(B) for each of the second six months of the person's pursuit
of such program, 55 percent of such monthly educational assistance
allowance; and
"(C) for each of the months following the first 12 months of
the person's pursuit of such program, 35 percent of such monthly
educational assistance allowance.
"(2) In any month in which any person pursuing a program of education
consisting of a program of apprenticeship or other on-the-job training
fails to complete 120 hours of training, the amount of the monthly
educational assistance allowance payable under this chapter to the
person shall be limited to the same proportion of the applicable
full-time rate as the number of hours worked during such month, rounded
to the nearest 8 hours, bears to 120 hours.
"(3)(A) Except as provided in subparagraph (B), for each month that
such person is paid a monthly educational assistance allowance under
this chapter, the person's entitlement under this chapter shall be
charged at the rate of --
"(i) 75 percent of a month in the case of payments made in
accordance with paragraph (1)(A);
"(ii) 55 percent of a month in the case of payments made in
accordance with paragraph (1)(B); and
"(iii) 35 percent of a month in the case of payments made in
accordance with paragraph (1)(C).
"(B) Any such charge to the entitlement shall be reduced
proportionately in accordance with the reduction in payment under
paragraph (2).
"(e)(1) The amount of the monthly educational assistance allowance
payable to a person pursuing a cooperative program under this chapter
shall be 80 percent of the monthly allowance otherwise payable to such
person under this chapter.
"(2) For each month that a person is paid a monthly educational
assistance allowance for pursuit of a cooperative program under this
chapter, the person's entitlement under this chapter shall be charged at
the rate of 80 percent of a month.
"(f)(1)(A) The amount of the educational assistance allowance payable
under this chapter to a person who enters into an agreement to pursue,
and is pursuing, a program of education exclusively by correspondence is
an amount equal to 55 percent of the established charge which the
institution requires nonveterans to pay for the course or courses
pursued by such person.
"(B) For purposes of subparagraph (A), the term 'established charge'
means the lesser of --
"(i) the charge for the course or courses determined on the
basis of the lowest extended time payment plan offered by the
institution and approved by the appropriate State approving
agency; or
"(ii) the actual charge to the person for such course or
courses.
"(C) Such allowance shall be paid quarterly on a pro rata basis for
the lessons completed by the person and serviced by the institution.
"(2) In each case in which the amount of educational assistance is
determined under paragraph (1), the period of entitlement of the person
concerned shall be charged with one month for each $140 which is paid to
the individual as an educational assistance allowance.".
(c) CONFORMING AMENDMENTS. -- Section 2136(b) of such title is
amended --
(1) by striking out the first sentence and inserting in lieu
thereof the following: "Except as otherwise provided in this
chapter, the provisions of sections 1434(b), 1663, 1670, 1671,
1673, 1674, 1676, 1682(g), and 1683 of title 38 and the provisions
of subchapters I and II of chapter 36 of such title (with the
exception of sections 1780(c), 1780(g), 1786(a), 1787, and 1792)
shall be applicable to the provision of educational assistance
under this chapter."; and
(2) by striking out ", as used" in the second sentence and
inserting in lieu thereof "and the term 'a person', as used".
(d) EFFECTIVE DATE. -- The amendments made by this section "10 USC
2131 note" shall apply with respect to any person who after September
30, 1990, meets the requirements set forth in subparagraph (A) or (B) of
section 2132(a)(1) of title 10, United States Code.
SEC. 643. LIMITATION OF ACTIVE GUARD AND RESERVE PERSONNEL TO
ACTIVE-DUTY PROGRAM
(a) LIMITATION. -- Section 2132(d) of title 10, United States Code,
is amended by adding at the end the following new sentence: "However, a
person may not receive credit under the program established by this
chapter for service (in any grade) on full-time active duty or full-time
National Guard duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components in a
position which is included in the end strength required to be authorized
each year by section 115(b)(1)(A)(ii) of this title.".
(b) SAVINGS PROVISION. -- The amendment made by subsection (a) shall
not affect the eligibility for educational assistance of any person who
before the date of the enactment of this Act is entitled to educational
assistance under section 2131(a) of title 10, "10 USC 2131 note" United
States Code.
SEC. 644. REPORT ON IMPOSITION OF CONTRIBUTION REQUIREMENT FOR
PARTICIPATION IN CHAPTER 106 PROGRAM
Not later than March 15, 1990, the Secretary of Defense shall submit
to Congress a report setting forth the views of the Secretary on the
desirability and the practicability of requiring members of the reserve
components, as a condition of participating in the educational
assistance program under chapter 106 of title 10, United States Code, to
sustain a reduction in pay in the same manner as applies to members of
the Armed Forces on active duty who participate in the educational
assistance program under chapter 30 of title 38, United States Code.
SEC. 645. TECHNICAL AMENDMENTS
(a) REFERENCES TO ADMINISTRATOR OF VETERANS' AFFAIRS. -- Chapter 106
of title 10, United States Code, is amended --
(1) by striking out "Administrator of Veterans' Affairs" in
sections 2131(b)(4), 2132(c), 2132(d), and 2136(a) and inserting
in lieu thereof "Secretary of Veterans Affairs"; and
(2) by striking out "to the Administrator" in section 2132(c)
and inserting in lieu thereof "to that Secretary".
(b) OTHER TECHNICAL AMENDMENTS. -- (1) Section 2131(b) of such title
is amended by striking out "and educational" in the matter preceding
paragraph (1) and inserting in lieu thereof "of an educational".
(2) Section 2132(d) of such title is amended by striking out "An
individual" and inserting in lieu thereof "A person".
SEC. 651. TECHNICAL AMENDMENTS TO MILITARY RETIREMENT LAWS
(a) CLARIFICATION OF COMPUTATION OF RETIRED PAY UNDER HIGH-THREE
SYSTEM. -- Section 1407 of title 10, United States Code, is amended --
(1) in subsection (b), by inserting "or (d)" after "subsection
(c)";
(2) by striking out subsections (c), (e), (f) and (g);
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (b) the following new
subsections (c) and (d):
"(c) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS ENTITLED TO
RETIRED OR RETAINER PAY FOR REGULAR SERVICE. --
"(1) GENERAL RULE. -- The high-three average of a member
entitled to retired or retainer pay under any provision of law
other than section 1204 or 1205 or section 1331 of this title is
the amount equal to --
"(A) the total amount of monthly basic pay to which the member
was entitled for the 36 months (whether or not consecutive) out of
all the months of active service of the member for which the
monthly basic pay to which the member was entitled was the
highest, divided by
"(B) 36.
"(2) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES. -- In
the case of a member who is entitled to retired pay under section
1201 or 1202 of this title and who has completed less than 36
months of active service, the member's high-three average
(notwithstanding paragraph (1)) is the amount equal to --
"(A) the total amount of basic pay to which the member was
entitled during the period of the member's active service, divided
by
"(B) the number of months (including any fraction thereof) of
the member's active service.
"(d) COMPUTATION OF HIGH-THREE AVERAGE FOR MEMBERS AND FORMER MEMBERS
ENTITLED TO RETIRED PAY FOR NONREGULAR SERVICE. --
"(1) RETIRED PAY UNDER CHAPTER 67. -- The high-three average
of a member or former member entitled to retired pay under section
1331 of this title is the amount equal to --
"(A) the total amount of monthly basic pay to which the member
or former member was entitled during the member or former member's
high-36 months (or to which the member or former member would have
been entitled if the member or former member had served on active
duty during the entire period of the member or former member's
high-36 months), divided by
"(B) 36.
"(2) NONREGULAR SERVICE DISABILITY RETIRED PAY. -- The
high-three average of a member entitled to retired pay under
section 1204 or 1205 of this title is the amount equal to --
"(A) the total amount of monthly basic pay to which the member
was entitled during the member's high-36 months (or to which the
member would have been entitled if the member had served on active
duty during the entire period of the member's high-36 months),
divided by
"(B) 36.
"(3) SPECIAL RULE FOR SHORT-TERM DISABILITY RETIREES. -- In
the case of a member who is entitled to retired pay under section
1204 or 1205 of this title and who was a member for less than 36
months before being retired under that section, the member's
high-three average (notwithstanding paragraph (2)) is the amount
equal to --
"(A) the total amount of basic pay to which the member was
entitled during the entire period the member was a member of a
uniformed service before being so retired (or to which the member
would have been entitled if the member had served on active duty
during the entire period the member was a member of a uniformed
service before being so retired), divided by
"(B) the number of months (including any fraction thereof)
which the member was a member before being so retired.
"(4) HIGH-36 MONTHS. -- The high-36 months of a member or
former member whose retired pay is covered by paragraph (1) or (2)
are the 36 months (whether or not consecutive) out of all the
months before the member or former member became entitled to
retired pay for which the monthly basic pay to which the member or
former member was entitled (or would have been entitled if serving
on active duty during those months) was the highest. In the case
of a former member, only months during which the former member was
a member of a uniformed service may be used for purposes of the
preceding sentence.".
(b) CLARIFICATION OF APPLICABILITY OF PROVISIONS TO FORMER MEMBERS
ENTITLED TO RETIRED PAY. -- Chapter 71 of title 10, United States Code,
is amended as follows:
(1) Section 1401a is amended --
(A) in subsection (b)(3), by inserting "and former member"
after "member" the first place it appears;
(B) in subsection (e), by inserting "or former member" after
"member" the first and third places it appears; and
(C) in subsection (f), by inserting "or former member" in the
second sentence after "member".
(2) Section 1407(b) is amended by striking out "member" and
"member's" and inserting in lieu thereof "person" and "person's",
respectively.
(3) Section 1409(a)(1) is amended by striking out "who is
retired" and inserting in lieu thereof "who is entitled to that
pay".
(4) Section 1410 is amended --
(A) in the matter preceding paragraph (1), by inserting "or
former member" after "member" each place (other than the second
place) it appears; and
(B) in paragraph (1), by striking out "member's retired pay"
and inserting in lieu thereof "retired pay of the member or former
member".
(c) PAYMENTS FROM MILITARY RETIREMENT FUND. -- Section 1463(a) of
such title is amended --
(1) in paragraph (1), by striking out "persons" and inserting
in lieu thereof "members";
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
"(2) retired pay payable under chapter 67 of this title to
former members of the armed forces (other than retired pay payable
by the Secretary of Transportation);".
(d) CLARIFICATION OF ENTITLEMENT OF RETIRED RESERVISTS FOR SERVICE
PERFORMED WHILE IN RETIRED STATUS. -- Section 675 of title 10, United
States Code, is amended by adding at the end the following: "A member
of the Ready Reserve (other than a member transferred to the Retired
Reserve under section 1001(b) of this title) who is ordered to active
duty or other appropriate duty in a retired status may be credited under
chapter 67 of this title with service performed pursuant to such order.
A member in a retired status is not eligible for promotion (or for
consideration for promotion) as a Reserve.".
SEC. 652. REPEAL OF CERTAIN OBSOLETE AND EXPIRED PROVISIONS
(a) TITLE 10. -- Title 10, United States Code, is amended as
follows:
(1)(A) Section 971(a) is amended by striking out ", under an
appointment accepted after June 25, 1956,".
(B) The limitation in section 971(a) of title 10, "10 USC 971
note" United States Code, shall not apply with respect to a period
of service referred to in that section while also serving under an
appointment as a cadet or midshipman accepted before June 26,
1956.
(2) Section 971(b) is amended --
(A) in paragraph (1), by striking out ", if he was appointed as
a midshipman or cadet after March 4, 1913"; and
(B) in paragraph (2), by striking out ", if he was appointed as
a midshipman or cadet after August 24, 1912".
(3) Section 1482(e) is amended by striking out "the effective
date of this subsection, or the date of death," and inserting in
lieu thereof "the date of death".
(4) Sections 3014(f), 5014(f), and 8014(f) are each amended by
striking out paragraph (5).
(5) Section 6330(a) is amended by striking out "under -- " and
all that follows through "this section," and inserting in lieu
thereof "under this section.".
(6) Section 8925(a) is amended by striking out "and service
computed under section 8683 of this title".
(7) Section 8926 is amended --
(A) in subsection (a) --
(i) by inserting "and" at the end of paragraph (1);
(ii) by striking out the semicolon at the end of paragraph (2)
and inserting in lieu thereof a period; and
(iii) by striking out paragraphs (3) and (4); and
(B) by striking out subsection (d).
(b) TITLE 37. -- Title 37, United States Code, is amended as
follows:
(1) Sections 308b(e) and 308c(e) are each amended by striking
out the second sentence.
(2) Section 308c(a) is amended by striking out ", after
September 30, 1978,".
SEC. 653. OTHER TECHNICAL AND CLERICAL AMENDMENTS
(a) AMENDMENTS FOR STYLISTIC CONSISTENCY. -- Title 10, United States
Code, is amended as follows:
(1) Section 502 is amended by striking out "or affirmation".
(2) Section 603(f) is amended --
(A) by striking out "terminates -- " and inserting in lieu
thereof "terminates on the earliest of the following:";
(B) by striking out "on the" in paragraph (1) and inserting in
lieu thereof "The";
(C) by striking out the semicolon at the end of paragraph (1)
and inserting in lieu thereof a period;
(D) by striking out "at the" in paragraph (2) and inserting in
lieu thereof "The";
(E) by striking out "; or" at the end of paragraph (2) and
inserting in lieu thereof a period;
(F) by striking out "on the" in paragraph (3) and inserting in
lieu thereof "The"; and
(G) by striking out the semicolon at the end of paragraph (3)
and all that follows and inserting in lieu thereof a period.
(3) Section 671b(a) is amended by striking out "Armed Forces of
the United States" and inserting in lieu thereof "armed forces".
(4) Section 1076(e)(3)(C) is amended by striking out "1 year"
and inserting in lieu thereof "one year".
(5) Section 1408(a) is amended --
(A) by striking out "(26 U.S.C. 3402(i))" in paragraph (4)(D);
and
(B) by inserting "entitled to retired pay under section 1331 of
this title" in paragraph (5) after "a former member".
(6) Section 1482(a) is amended --
(A) by striking out "expenses of -- " and inserting in lieu
thereof "expenses of the following:";
(B) by capitalizing the first letter of the first word in each
of paragraphs (1) through (11);
(C) by striking out the semicolon at the end of paragraphs (1)
through (9) and inserting in lieu thereof a period;
(D) by striking out "; and" at the end of paragraph (10) and
inserting in lieu thereof a period; and
(E) in paragraph (11) --
(i) by striking out "clause" each place it appears and
inserting in lieu thereof "paragraph"; and
(ii) by striking out "decedent; for the" and inserting in lieu
thereof "decedent. For the".
(b) CORRECTION OF TABLE HEADING. -- Section 305a(b) of title 37,
United States Code, is amended by inserting "COMMISSIONED" before
"OFFICERS" in the heading of the table in that subsection relating to
officers in pay grades O-1 through O-6.
(c) CORRECTIONS TO AMENDMENTS MADE BY PUBLIC LAW 100-456. -- (1)
Section 411g(a) of title 37, United States Code, is amended by striking
out "to" after "may be paid".
(2) Section 419 of such title is amended --
(A) by striking out "a officer" both places it appears and
inserting in lieu thereof "an officer"; and
(B) by striking out "to" after "may be paid".
(d) PUNCTUATION AMENDMENT. -- Section 209(c) of title 37, United
States Code, is amended by striking out the period after "title 10" the
first place it appears.
(e) CROSS REFERENCE CORRECTIONS. -- (1) Section 1094(c)(2) of title
10, United States Code, is amended by striking out "subsections (b) and
(d) through (g)" and inserting in lieu thereof "subsections (c) and (e)
through (h)".
(2) Section 403(b)(1)(B) of Public Law 99-661 (10 U.S.C. 521 note) is
amended by striking out "3033," and "8033," and inserting in lieu
thereof "3021," and "8021,", respectively.
(f) DATE OF ENACTMENT REFERENCE. -- Section 1102(j)(1) of title 10,
United States Code, is amended by striking out "the date of the
enactment of this section" and inserting in lieu thereof "November 14,
1986".
(g) REFERENCE TO THE CANAL ZONE. -- Section 708(a) of title 32,
United States Code, is amended by striking out "governor of each State
and Territory, Puerto Rico, and the Canal Zone" and inserting in lieu
thereof "Governor of each State or Territory and Puerto Rico".
SEC. 661. "10 USC 113 note" MILITARY RELOCATION ASSISTANCE PROGRAMS
(a) REQUIREMENT TO PROVIDE ASSISTANCE. -- Not later than October 1,
1990, the Secretary of Defense shall establish a program to provide
relocation assistance to members of the Armed Forces and their families
as provided in this section. In addition, the Secretary of Defense
shall make every effort, consistent with readiness objectives, to
stabilize and lengthen tours of duty to minimize the adverse effects of
relocation.
(b) TYPES OF ASSISTANCE. -- (1) The Secretary of each military
department, under regulations prescribed by the Secretary of Defense,
shall provide relocation assistance, through military relocation
assistance programs described in subsection (c), to members of the Armed
Forces who are ordered to make a change of permanent station which
includes a move to a new location (and for dependents of such members
who are authorized to move in connection with the change of permanent
station).
(2) The relocation assistance provided shall include the following:
(A) Provision of destination area information and preparation
(to be provided before the change of permanent station takes
effect), with emphasis on information with regard to moving costs,
housing costs and availability, child care, spouse employment
opportunities, cultural adaptation, and community orientation.
(B) Provision of counseling about financial management, home
buying and selling, renting, stress management aimed at
intervention and prevention of abuse, property management, and
shipment and storage of household goods (including motor vehicles
and pets).
(C) Provision of settling-in services, with emphasis on
available government living quarters, private housing, child care,
spouse employment assistance information, cultural adaptation, and
community orientation.
(D) Provision of home finding services, with emphasis on
services for locating adequate, affordable temporary and permanent
housing.
(c) MILITARY RELOCATION ASSISTANCE PROGRAMS. -- (1) The Secretary
shall provide for the establishment of military relocation assistance
programs to provide the relocation assistance described in subsection
(b). The Secretary shall establish such a program in each geographic
area in which at least 500 members of the Armed Forces are assigned to
or serving at a military installation. A member who is not stationed
within a geographic area that contains such a program shall be given
access to such a program. The Secretary shall ensure that persons on
the staff of each program are trained in the techniques and delivery of
professional relocation assistance.
(2) The Secretary shall ensure that, not later than September 30,
1991, information available through each military relocation assistance
program shall be managed through a computerized information system that
can interact with all other military relocation assistance programs of
the military departments, including programs located outside the
continental United States.
(3) Duties of each military relocation assistance program shall
include assisting personnel offices on the military installation in
using the computerized information available through the program to help
provide members of the Armed Forces who are deciding whether to reenlist
information on locations of possible future duty assignments.
(d) DIRECTOR. -- The Secretary of Defense shall establish the
position of Director of Military Relocation Assistance Programs in the
office of the Assistant Secretary of Defense (Force Management and
Personnel). The Director shall oversee development and implementation
of the military relocation assistance programs under this section.
(e) REGULATIONS. -- This section shall be administered under
regulations prescribed by the Secretary of Defense.
(f) ANNUAL REPORT. -- Not later than March 1 each year, the
Secretary of Defense, acting through the Director of Military Relocation
Assistance Programs, shall submit to Congress a report on the program
under this section and on military family relocation matters. The
report shall include the following:
(1) An assessment of available, affordable private-sector
housing for members of the Armed Forces and their families.
(2) An assessment of the actual nonreimbursed costs incurred by
members of the Armed Forces and their families who are ordered to
make a change of permanent station.
(3) Information (shown by military installation) on the types
of locations at which members of the Armed Forces assigned to duty
at military installations live, including the number of members of
the Armed Forces who live on a military installation and the
number who do not live on a military installation.
(4) Information on the effects of the relocation assistance
programs established under this section on the quality of life of
members of the Armed Forces and their families and on retention
and productivity of members of the Armed Forces.
(g) INAPPLICABILITY TO COAST GUARD. -- This section does not apply
to the Coast Guard.
(h) DEADLINE FOR REGULATIONS. -- The Secretary of Defense shall
prescribe regulations to implement this section not later than July 1,
1990.
(i) REPORT ON PLAN FOR IMPLEMENTATION. -- Not later than March 1,
1990, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and House of Representatives a report on a plan
for the full implementation of the programs provided for in this
section. The report shall include an estimate of the cost of
implementing that plan.
SEC. 662. EXTENSION OF TEST PROGRAM OF REIMBURSEMENT FOR ADOPTION
EXPENSES
(a) INCLUSION OF COAST GUARD. -- (1) Subsection (a) of section 638
of the National Defense Authorization Act for Fiscal Years 1988 and 1989
(101 Stat. 1106; 10 U.S.C. 113 note) is amended --
(A) by inserting "under the jurisdiction of the Secretary"
after "member of the Armed Forces"; and
(B) by adding at the end the following new sentence: "The
Secretary of Transportation shall carry out a similar test program
under which a member of the Coast Guard may be reimbursed, as
provided in this section, for qualifying adoption expenses
incurred by the member.".
(2) Subsection (f) of such section is amended to read as follows:
"(f) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations to carry out this section with respect to members of the
Armed Forces under the Secretary's jurisdiction. The Secretary of
Transportation shall prescribe regulations to carry out this section
with respect to members of the Coast Guard.".
(b) PERIOD COVERED BY TEST PROGRAM. -- Subsection (h) of such
section is amended to read as follows:
"(h) DURATION OF TEST PROGRAM. -- The test program under this
section shall apply with respect to qualifying adoption expenses
incurred for adoption proceedings initiated --
"(1) in the case of a member of the Army, Navy, Air Force, or
Marine Corps, after September 30, 1987, and before October 1,
1990; and
"(2) in the case of a member of the Coast Guard, after
September 30, 1989, and before October 1, 1990.".
(c) TECHNICAL AMENDMENTS. -- (1) Subsection (a) of such section is
amended --
(A) by striking out "shall establish" and inserting in lieu
thereof "shall carry out"; and
(B) by striking out "in the adoption of a child".
(2) Subsection (g)(1) of such section is amended by inserting "under
18 years of age" after "legal adoption of a child".
SEC. 663. REPEAL OF FOUR-YEAR RESERVE OFFICER UNIFORM ALLOWANCE
(a) REPEAL OF ALLOWANCE. -- Section 416 of title 37, United States
Code, is amended --
(1) by striking out subsection (a);
(2) by striking out "(b) In addition" and all that follows
through "of this section" and inserting in lieu thereof "(a) In
addition to the allowance provided by section 415 of this title";
(3) by striking out "he" and inserting in lieu thereof "the
officer"; and
(4) by designating the sentence beginning "However, this
subsection does not" as subsection (b) and in that sentence
striking out "However, this subsection" and inserting in lieu
thereof "Subsection (a)".
(b) SAVE PAY PROVISION. -- An officer of an armed force who, but for
the amendments made by subsection (a), would have become entitled to a
uniform reimbursement under section 416(a) of title 37, "37 USC 416
note" United States Code, before the end of the one-year period
beginning on the date of the enactment of this Act shall be entitled
(during such one-year period) to receive such reimbursement under such
section as in effect on the day before the date of the enactment of this
Act.
SEC. 664. REIMBURSEMENT FOR FINANCIAL INSTITUTION CHARGES INCURRED
BECAUSE OF GOVERNMENT ERROR IN DIRECT DEPOSIT OF PAY
(a) EXTENSION OF SCOPE OF REIMBURSEMENT AUTHORITY. -- (1) Subsection
(a) of section 1053 of title 10, United States Code, is amended to read
as follows:
"(a)(1) A member of the armed forces (or a former member of the armed
forces entitled to retired pay under chapter 67 of this title) who, in
accordance with law or regulation, participates in a program for the
automatic deposit of pay to a financial institution may be reimbursed by
the Secretary concerned for a covered late-deposit charge.
"(2) A covered late-deposit charge for purposes of paragraph (1) is a
charge (including an overdraft charge or a minimum balance or average
balance charge) that is levied by a financial institution and that
results from an administrative or mechanical error on the part of the
Government that causes the pay of the person concerned to be deposited
late or in an incorrect manner or amount.".
(2) Subsection (d) of such section is amended to read as follows:
"(d) In this section:
"(1) The term 'financial institution' has the meaning given the
term 'financial organization' in section 3332(a) of title 31.
"(2) The term 'pay' includes (A) retired pay, and (B)
allowances.".
(3)(A) The heading of such section is amended to read as
follows:
"Section 1053. Reimbursement for financial institution charges
incurred because of Government error in mandatory direct deposit of
pay".
(B) The item relating to such section in the table of sections at the
beginning of chapter 53 of such title is amended to read as follows:
"1053. Reimbursement for financial institution charges incurred
because of Government error in mandatory direct deposit of pay.".
(b) OTHER DEPARTMENT OF DEFENSE PERSONNEL. -- (1) Chapter 81 of such
title is amended by adding after section 1593, as added by section 336,
the following new section:
"Section 1594. Reimbursement for financial institution charges
incurred because of Government error in mandatory direct deposit of pay
"(a)(1) A civilian officer or employee of the Department of Defense
who, in accordance with law or regulation, participates in a program for
the automatic deposit of pay to a financial institution may be
reimbursed for a covered late-deposit charge.
"(2) A covered late-deposit charge for purposes of paragraph (1) is a
charge (including an overdraft charge or a minimum balance charge) that
is levied by a financial institution and that results from an
administrative or mechanical error on the part of the Government that
causes the pay of the officer or employee concerned to be deposited late
or in an incorrect manner or amount.
"(b) Reimbursements under this section shall be made from
appropriations available for the pay of the officer or employee
concerned.
"(c) The Secretaries concerned shall prescribe regulations to carry
out this section, including regulations for the manner in which
reimbursement under this section is to be made.
"(d) in this section:
"(1) The term 'financial institution' has the meaning given the
term 'financial organization' in section 3332(a) of title 31.
"(2) The term 'pay' includes allowances.".
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 1593, as added by section
336, the following new item:
"1594. Reimbursement for financial institution charges incurred
because of Government error in mandatory direct deposit of pay.".
(c) EFFECTIVE DATE. -- The amendments made by subsection (a), "10
USC 1053 note" and section 1594 of title 10, United States Code, as
added by subsection (b), shall apply with respect to pay and allowances
deposited (or scheduled to be deposited) on or after the first day of
the first month beginning after the date of the enactment of this Act.
SEC. 701. AUTHORITY TO REPAY LOANS OF CERTAIN HEALTH PROFESSIONALS
WHO SERVE IN THE SELECTED RESERVE
(a) EXPANSION OF EDUCATION LOANS THAT QUALIFY FOR REPAYMENT. --
Subsection (a) of section 2172 of title 10, United States Code, is
amended --
(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 "; and"; and
(3) by adding at the end the following new paragraph:
"(4) a loan made, insured, or guaranteed through a recognized
financial or educational institution if that loan was used to
finance education regarding a health profession that the Secretary
of Defense determines to be critically needed in order to meet
identified wartime combat medical skill shortages.".
(b) EXTENSION OF AUTHORITY. -- Subsection (d) of such section is
amended by striking out "October 1, 1990" and inserting in lieu thereof
"October 1, 1992".
(c) TECHNICAL AMENDMENTS. -- (1) Subsection (a) of such section is
amended by striking out "a portion of" in paragraph (1).
(2) Subsection (c) of such section is amended by striking out
"portion of" in paragraph (2) and inserting in lieu thereof "amount of".
(d) REPORT ON LOAN REPAYMENTS. -- (1) The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report --
(A) evaluating the loan repayment program for certain health
professionals established under section 2172 of title 10, United
States Code (as amended by this section); and
(B) containing a legislative proposal to establish a
comprehensive and coordinated program in the military departments
to repay education loans for health professionals who serve on
active duty or in a reserve component.
(2) The report required by paragraph (1) shall be submitted not later
than January 15, 1990.
SEC. 702. REVISION OF MILITARY PHYSICIAN SPECIAL PAY STRUCTURE
(a) VARIABLE SPECIAL PAY. -- Subsection (a)(2) of section 302 of
title 37, United States Code, is amended --
(1) by striking out "$10,000" in subparagraph (C) and inserting
in lieu thereof "$12,000";
(2) by striking out "$9,500" in subparagraph (D) and inserting
in lieu thereof "$11,500";
(3) by striking out "$9,000" in subparagraph (E) and inserting
in lieu thereof "$11,000";
(4) by striking out "$8,000" in subparagraph (F) and inserting
in lieu thereof "$10,000";
(5) by striking out "$7,000" in subparagraph (G) and inserting
in lieu thereof "$9,000";
(6) by striking out "$6,000" in subparagraph (H) and inserting
in lieu thereof "$8,000"; and
(7) by striking out "$5,000" in subparagraph (I) and inserting
in lieu thereof "$7,000".
(b) ADDITIONAL SPECIAL PAY. -- Subsection (a)(4) of such section is
amended --
(1) by striking out "(A)";
(2) by striking out "who has less than ten years of creditable
service";
(3) by striking out "$9,000" and inserting in lieu thereof
"$15,000"; and
(4) by striking out subparagraph (B).
(c) BOARD CERTIFICATION PAY. -- Subsection (a)(5) of such section is
amended --
(1) by striking out "$2,000" in subparagraph (A) and inserting
in lieu thereof "$2,500";
(2) by striking out "$2,500" in subparagraph (B) and inserting
in lieu thereof "$3,500";
(3) by striking out "$3,000" in subparagraph (C) and inserting
in lieu thereof "$4,000";
(4) by striking out "$4,000" in subparagraph (D) and inserting
in lieu thereof "$5,000"; and
(5) by striking out "$5,000" in subparagraph (E) and inserting
in lieu thereof "$6,000".
(d) INCENTIVE SPECIAL PAY. -- Subsection (b)(1) of such section is
amended by striking out "$8,000 for any twelve-month period" and all
that follows through the period and inserting in lieu thereof "$16,000
for any twelve-month period beginning in fiscal year 1990, $22,000 for
any twelve-month period beginning in fiscal year 1991, $29,000 for any
twelve-month period beginning in fiscal year 1992, and $36,000 for any
twelve-month period beginning after fiscal year 1992.".
(e) RESERVE MEDICAL OFFICERS SPECIAL PAY. -- Subsection (h) of such
section is amended to read as follows:
"(h) RESERVE MEDICAL OFFICERS SPECIAL PAY. -- (1) A reserve medical
officer described in paragraph (2) is entitled to special pay at the
rate of $450 a month for each month of active duty.
"(2) A reserve medical officer referred to in paragraph (1) is a
reserve officer who --
"(A) is an officer of the Medical Corps of the Army or the Navy
or an officer of the Air Force designated as a medical officer;
and
"(B) is on active duty under a call or order to active duty for
a period of less than one year.".
(f) STYLISTIC AMENDMENTS. -- Such section is further amended --
(1) by inserting "VARIABLE, ADDITIONAL, AND BOARD CERTIFICATION
SPECIAL PAY. -- " in subsection (a) after "(a)";
(2) by inserting "INCENTIVE SPECIAL PAY. -- " in subsection
(b) after "(b)";
(3) by inserting "ACTIVE-DUTY AGREEMENT. -- " in subsection
(c) after "(c)";
(4) by inserting "REGULATIONS. -- " in subsection (d) after
"(d)";
(5) by inserting "FREQUENCY OF PAYMENTS. -- " in subsection
(e) after "(e)";
(6) by inserting "REFUND FOR PERIOD OF UNSERVED OBLIGATED
SERVICE. -- " in subsection (f) after "(f)";
(7) by inserting "DETERMINATION OF CREDITABLE SERVICE. -- " in
subsection (g) after "(g)";
(8) by inserting "EFFECT OF DISCHARGE IN BANKRUPTCY. -- " in
subsection (i) after "(i)"; and
(9) by striking out "of this section" and "of this subsection"
each place they appear (other than in subsection (g)).
(g) EFFECTIVE DATE. -- (1) The amendments made by subsections (a)
and (c) "37 USC 302 note" shall take effect on January 1, 1990.
(2) The amendments made by subsections (b) and (d) shall apply to an
agreement entered into under section 302(c)(1) of title 37, United
States Code, on or after the date of the enactment of this Act.
(3) The amendment made by subsection (e) shall take effect on January
1, 1990, and shall apply to pay periods beginning on or after such date.
SEC. 703. EXTENSION AND EXPANSION OF MEDICAL OFFICER RETENTION BONUS
PROGRAM
(a) BONUS AUTHORIZED. -- Subsection (a) of section 612 of the
National Defense Authorization Act, Fiscal Year 1989 (102 Stat. 1979;
37 U.S.C. 302 note), is amended by striking out "September 30, 1989" in
paragraph (1) and inserting in lieu thereof "September 30, 1990".
(b) LIMITATION ON AMOUNT OF INCENTIVE SPECIAL PAY. -- Subsection (a)
of such section is further amended by adding at the end the following
new paragraph:
"(3) Notwithstanding any other provision of law, the amount of
incentive special pay under section 302(b) of title 37, United States
Code, paid to a medical officer who executes an agreement under
paragraph (1) may not exceed $16,000 during each year covered by the
agreement.".
(c) COVERED OFFICERS. -- Subsection (b) of such section is amended
--
(1) in paragraph (3), by striking out "; and" and inserting in
lieu thereof "or has completed any active-duty service commitment
incurred for medical education and training;"; and
(2) by striking out paragraph (4) and inserting in lieu thereof
the following:
"(4) has completed initial residency training (or will complete
such training before October 1, 1991); and
"(5) is not pursuing a medical residency or fellowship
subsequent to completing initial residency training.".
(d) REPORT. -- (1) Subsection (g) of such section is amended to read
as follows:
"(g) REPORT. -- (1) Not later than March 1, 1990, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report evaluating --
"(A) the effectiveness of the Armed Forces in retaining medical
officers by providing a retention bonus under this section to
medical officers who make a multi-year active-duty service
commitment; and
"(B) the effectiveness and practicability of such alternative
multi-year options as the Secretary considers appropriate to
encourage medical officers to make active-duty service commitments
of longer length.
"(2) The options evaluated by the Secretary under paragraph (1)(B)
shall include --
"(A) a proposal to increase the payment of additional special
pay under subsection (a)(4) of section 302 of title 37, United
States Code, by $2,000 for a two-year active-duty service
commitment, $4,000 for a three-year active-duty service
commitment, and $8,000 for a four-year active-duty service
commitment; and
"(B) a proposal to increase the amount of incentive special pay
provided under subsection (b) of such section to medical officers
who make a multi-year active-duty service commitment by a certain
percentage based on the length of the active-duty service
commitment.
"(3) The Secretary shall include for each option evaluated under
paragraph (1) an assessment of the cost of such option if implemented
and methods to fund such option within the amounts provided for special
pay under section 302 of title 37, United States Code.".
(2) Such section is further amended by striking out subsection (i).
(e) TRANSITION FOR CERTAIN OFFICERS EXCLUDED DURING FISCAL YEAR 1989.
-- (1) In the case of an agreement that was executed by a medical
officer under section 612 of the National Defense Authorization Act,
Fiscal Year 1989 (102 Stat. 1979; 37 U.S.C. 302 note), "37 USC 302
note" before October 1, 1989, but that was not accepted by the Secretary
concerned solely because of the limitation contained in subsection (h)
of such section, the Secretary concerned may accept such agreement
during the 90-day period beginning on the date of the enactment of this
Act notwithstanding such limitation.
(2) An agreement accepted under this subsection may be deemed by the
Secretary concerned to have been accepted on the date on which the
officer executed the agreement during fiscal year 1989.
(f) COVERAGE OF PERIOD OF LAPSED AUTHORITY. -- In the case of a
medical officer described in paragraph (2) who executes an agreement
under section 612 of the National Defense Authorization Act, Fiscal Year
1989 (102 Stat. 1979; 37 U.S.C. 302 note), "37 USC 302 note" during the
90-day period beginning on the date of the enactment of this Act, the
Secretary concerned may deem such agreement to have been executed and
accepted for purposes of such section on the first date on which the
officer would have qualified for such agreement had the authority
referred to in such paragraph not lapsed.
(2) A medical officer referred to in paragraph (1) is an officer who,
during the period beginning on October 1, 1989, and ending on the date
of the enactment of this Act, would have qualified for an agreement
under such section but for the fact that the authority for the payment
of bonuses provided by such section had lapsed.
(g) SECRETARY CONCERNED DEFINED. -- For purposes of subsections (e)
and (f), "37 USC 302 note" the term "Secretary concerned" has the
meaning given that term by section 101(5) of title 37, United States
Code.
SEC. 704. SPECIAL PAY FOR PSYCHOLOGISTS
(a) SPECIAL PAY AUTHORIZED. -- Section 302c of title 37, United
States Code, is amended by adding at the end the following new
subsection:
"(c) ARMY, NAVY, AND AIR FORCE PSYCHOLOGISTS. -- The Secretary of
Defense may provide special pay at the rates specified in subsection (b)
to an officer who --
"(1) is an officer in the Medical Service Corps of the Army or
Navy or a biomedical sciences officer in the Air Force;
"(2) is designated as a psychologist; and
"(3) has been awarded a diploma as a Diplomate in Psychology by
the American Board of Professional Psychology.".
(b) CLERICAL AMENDMENTS. -- (1) The section heading of such section
is amended by striking out "in the Public Health Service Corps".
(2) The item relating to section 302c in the table of sections at the
beginning of chapter 5 of such title is amended by striking out "in the
Public Health Service Corps".
(c) STYLISTIC AMENDMENTS. -- Such section is further amended --
(1) by inserting "PUBLIC HEALTH SERVICE CORPS. -- " in
subsection (a) after "(a)"; and
(2) by inserting "RATE OF SPECIAL PAY. -- " in subsection (b)
after "(b)".
(d) IMPLEMENTATION OF AMENDMENT. -- The Secretary of Defense may not
implement subsection (c) of section 302c of title 37, "37 USC 302c note"
United States Code (as added by subsection (a)), unless the Secretary
submits to the Committees on Armed Services of the Senate and House of
Representatives a report --
(1) justifying the need of the military departments for the
authority provided in such subsection; and
(2) describing the manner in which that authority will be
implemented.
SEC. 705. ACCESSION BONUS FOR REGISTERED NURSES
(a) ACCESSION BONUS AUTHORIZED. -- (1) Chapter 5 of title 37, United
States Code, is amended by adding after section 302c the following new
section:
"Section 302d. Special pay: accession bonus for registered nurses
"(a) ACCESSION BONUS AUTHORIZED. -- (1) A person who is a registered
nurse and who, during the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Years 1990 and 1991
and ending on September 30, 1991, executes a written agreement described
in subsection (c) to accept a commission as an officer and remain on
active duty for a period of not less than four years may, upon the
acceptance of the agreement by the Secretary concerned, be paid an
accession bonus in an amount determined by the Secretary concerned.
"(2) The amount of an accession bonus under paragraph (1) may not
exceed $5,000.
"(b) LIMITATION ON ELIGIBILITY FOR BONUS. -- A person may not be
paid a bonus under subsection (a) if --
"(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from the
Department of Defense to pursue a baccalaureate degree; or
"(2) the Secretary concerned determines that the person is not
qualified to become and remain licensed as a registered nurse.
"(c) AGREEMENT. -- The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the uniformed service
concerned, the person executing the agreement will be assigned to duty,
for the period of obligated service covered by the agreement, as an
officer of the Nurse Corps of the Army or Navy, an officer of the Air
Force designated as a nurse, or an officer designated as a nurse in the
commissioned corps of the Public Health Service.
"(d) REPAYMENT. -- (1) An officer who receives a payment under
subsection (a) and who fails to become and remain licensed as a
registered nurse during the period for which the payment is made shall
refund to the United States an amount equal to the full amount of such
payment.
"(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio to
the amount paid to the officer as the unserved part of such period bears
to the total period agreed to be served.
"(3) An obligation to reimburse the United States imposed under
paragraph (1) or (2) is for all purposes a debt owed to the United
States.
"(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of the
National Defense Authorization Act for Fiscal Years 1990 and 1991.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 302c the following new
item:
"302d. Special pay: accession bonus for registered nurses.".
(b) ADMINISTRATION AND IMPLEMENTATION. -- Section 303a of title 37,
United States Code, is amended by inserting "302d," after "302c," each
place it appears.
(c) REPORT ON IMPLEMENTATION. -- Not later than March 1, 1990, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report describing the
manner in which the authority provided in section 302d of title 37,
United States Code (as added by subsection (a)), is implemented.
SEC. 706. INCENTIVE PAY FOR NURSE ANESTHETISTS
(a) AUTHORIZATION FOR INCENTIVE PAY. -- (1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 302d (as added
by section 705) the following new section:
"Section 302e. Special pay: nurse anesthetists
"(a) SPECIAL PAY AUTHORIZED. -- (1) An officer described in
subsection (b) who, during the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Years
1990 and 1991 and ending on September 30, 1991, executes a written
agreement to remain on active duty for a period of one year or more may,
upon the acceptance of the agreement by the Secretary concerned, be paid
incentive special pay in an amount not to exceed $6,000 for any 12-month
period.
"(2) The Secretary concerned shall determine the amount of incentive
special pay to be paid to an officer under paragraph (1). In
determining that amount, the Secretary concerned shall consider the
period of obligated service provided for in the agreement under that
paragraph.
"(b) COVERED OFFICERS. -- An officer referred to in subsection (a)
is an officer of a uniformed service who --
"(1) is an officer of the Nurse Corps of the Army or Navy, an
officer of the Air Force designated as a nurse, or an officer
designated as a nurse in the commissioned corps of the Public
Health Service;
"(2) is a qualified certified registered nurse anesthetist;
and
"(3) is on active duty under a call or order to active duty for
a period of not less than one year.
"(c) TERMINATION OF AGREEMENT. -- Under regulations prescribed by
the Secretary of Defense, with respect to the Army, Navy, and Air Force,
and the Secretary of Health and Human Services, with respect to the
Public Health Service, the Secretary concerned may terminate an
agreement entered into under subsection (a). Upon termination of an
agreement, the entitlement of the officer to special pay under this
section and the agreed upon commitment to active duty of the officer
shall end. The officer may be required to refund that part of the
special pay corresponding to the unserved period of active duty.
"(d) PAYMENT. -- Special pay payable to an officer under subsection
(a) of this section shall be paid annually at the beginning of the
12-month period for which the officer is to receive that payment.
"(e) REPAYMENT. -- (1) An officer who voluntarily terminates service
on active duty before the end of the period agreed to be served under
subsection (a) shall refund to the United States an amount that bears
the same ratio to the amount paid to the officer as the unserved part of
such period bears to the total period agreed to be served.
"(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
"(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of the
National Defense Authorization Act for Fiscal Years 1990 and 1991.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 302d (as added by
section 705) the following new item:
"302e. Special pay: nurse anesthetists.".
(b) ADMINISTRATION AND IMPLEMENTATION. -- Section 303a of title 37,
United States Code (as amended by section 705(b)), is further amended by
inserting "302e," after "302d," each place it appears.
(c) REPORT ON MILITARY USE OF CERTIFIED REGISTERED NURSE
ANESTHETISTS. -- (1) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the use of certified registered nurse anesthetists by the
military departments. The report shall include --
(A) a description of restrictions imposed by the military
departments on the use of such nurses;
(B) a comparison of such restrictions with restrictions imposed
by other entities on the use of such nurses;
(C) a description of the number of persons who annually receive
training by the military departments to be certified registered
nurse anesthetists; and
(D) the desirability and cost of expanding the capability of
the military departments to provide such training.
(2) The report required by paragraph (1) shall be submitted not later
than March 1, 1990.
SEC. 707. NURSE OFFICER CANDIDATE ACCESSION BONUS
(a) BONUS AUTHORIZED. -- Chapter 105 of title 10, United States
Code, is amended by adding at the end the following new subchapter:
"Sec.
"2130a. Financial assistance: nurse officer candidates.
"Section 2130a. Financial assistance: nurse officer candidates
"(a) BONUS AUTHORIZED. -- (1) A person described in subsection (b)
who, during the period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 and
ending on September 30, 1991, executes a written agreement in accordance
with subsection (c) to accept an appointment as a nurse officer may,
upon the acceptance of the agreement by the Secretary concerned, be paid
an accession bonus of not more than $5,000. The bonus shall be paid in
periodic installments, as determined by the Secretary concerned at the
time the agreement is accepted, except that the first installment may
not exceed $2,500.
"(2) In addition to the accession bonus payable under paragraph (1),
a person selected under such paragraph shall be entitled to a monthly
stipend of not more than $500 for each month the individual is enrolled
as a full-time student in an accredited baccalaureate degree program in
nursing at a civilian educational institution that does not have a
Senior Reserve Officers' Training Program established under section 2102
of this title. The continuation bonus may be paid for not more than 24
months.
"(b) ELIGIBLE STUDENTS. -- A person eligible to enter into an
agreement under subsection (a) is a person who --
"(1) is enrolled as a full-time student in an accredited
baccalaureate degree program in nursing at a civilian educational
institution that does not have a Senior Reserve Officers' Training
Program established under section 2102 of this title;
"(2) has completed the second year of an accredited
baccalaureate degree program in nursing and has more than 6 months
of academic work remaining before graduation; and
"(3) meets the qualifications for appointment as an officer of
a reserve component of the Army, Navy, or Air Force as set forth
in section 591 of this title or, in the case of the Public Health
Service, section 207 of the Public Health Service Act (42 U.S.C.
209) and the regulations of the Secretary concerned.
"(c) REQUIRED AGREEMENT. -- The agreement referred to in subsection
(a) shall provide that the person executing the agreement agrees to the
following:
"(1) That the person will complete the nursing degree program
described in subsection (b)(1).
"(2) That, upon acceptance of the agreement by the Secretary
concerned, the person will enlist in a reserve component of an
armed force.
"(3) That the person will accept an appointment as an officer
in the Nurse Corps of the Army or the Navy or as an officer
designated as a nurse officer in the Air Force or commissioned
corps of the Public Health Service, as the case may be, upon
graduation from the nursing degree program.
"(4) That the person will serve on active duty as such an
officer --
"(A) for a period of 4 years in the case of a person whose
agreement was accepted by the Secretary concerned during that
person's fourth year of the nursing degree program; or
"(B) for a period of 5 years in the case of a person whose
agreement was accepted by the Secretary concerned during that
person's third year of the nursing degree program.
"(d) REFUND OF PAYMENTS. -- (1) A person shall refund any bonus or
stipend paid under subsection (a) if the person --
"(A) fails to complete a nursing degree program in which the
person is enrolled in accordance with the agreement entered into
under such subsection;
"(B) having completed the nursing degree program, fails to
accept an appointment, if tendered, as an officer of the Nurse
Corps of the Army or the Navy or as an officer designated as a
nurse officer of the Air Force or commissioned corps of the Public
Health Service; or
"(C) fails to complete the period of obligated active service
required under the agreement.
"(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
"(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of the
National Defense Authorization Act for Fiscal Years 1990 and 1991.".
"(e) REGULATIONS. -- The Secretaries concerned shall prescribe
regulations to carry out this section.".
(b) CLERICAL AMENDMENT. -- The table of subchapters at the beginning
of chapter 105 of such title is amended by adding at the end the
following new item:
"III. Nurse Officer Candidate Accession Program . . . . . 2130a".
SEC. 708. "10 USC 531 note" PROGRAM TO INCREASE USE OF CERTAIN
NURSES BY THE MILITARY DEPARTMENTS
(a) PROGRAM REQUIRED. -- (1) Not later than September 30, 1991, the
Secretary of each military department shall implement a program to
appoint persons who have an associate degree or diploma in nursing (but
have not received a baccalaureate degree in nursing) as officers and to
assign such officers to duty as nurses.
(2) An officer appointed pursuant to the program required by
subsection (a) shall be appointed in a warrant officer grade or in a
commissioned grade not higher than O-3. Such officer may not be
promoted above the grade of O-3 unless the officer receives a
baccalaureate degree in nursing.
(b) REPORT ON IMPLEMENTATION. -- Not later than April 1, 1990, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the actions taken by
the Secretaries of the military departments to implement the program
required by this section.
SEC. 709. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE OF REGULAR
OFFICERS IN A HEALTH-RELATED PROFESSION
Section 1251(c)(2) of title 10, United States Code, is amended --
(1) by striking out "A deferment" and inserting in lieu thereof
"(A) Except as provided in subparagraph (B), a deferment";
(2) by striking out "67 years of age" and inserting in lieu
thereof "68 years of age"; and
(3) by adding at the end the following new subparagraph:
"(B) The Secretary concerned may extend a deferment under this
subsection beyond the day referred to in subparagraph (A) if the
Secretary determines that extension of the deferment is necessary for
the needs of the military department concerned. Such an extension shall
be made on a case-by-case basis and shall be for such period as the
Secretary considers appropriate.".
SEC. 710. RETENTION IN ACTIVE SERVICE OF RESERVE OFFICERS IN A
HEALTH-RELATED PROFESSION
(a) ARMY. -- (1) Subsection (c) of section 3855 of title 10, United
States Code, is amended --
(A) by striking out "An officer" and inserting in lieu thereof
"(1) Except as provided in paragraph (2), an officer";
(B) by striking out "67 years of age" and inserting in lieu
thereof "68 years of age"; and
(C) by adding at the end the following new paragraph:
"(2) The Secretary of the Army may retain an officer (other than an
officer in the Chaplains) in an active status under this section after
the date on which the officer becomes 68 years of age if the Secretary
determines that continued retention is necessary for the needs of the
Army.".
(2) Such section is further amended by adding at the end the
following new subsection:
"(d) Subsection (a)(1) of section 324 of title 32 shall not apply to
an officer during any period in which the officer is retained in an
active status under this section.".
(b) NAVY. -- Subsection (c) of section 6392 of such title is amended
--
(1) by striking out "An officer" and inserting in lieu thereof
"(1) Except as provided in paragraph (2), an officer";
(2) by striking out "67 years of age" and inserting in lieu
thereof "68 years of age"; and
(3) by adding at the end the following new paragraph:
"(2) The Secretary of the Navy may retain an officer (other than an
officer in the Chaplain Corps) in an active status under this section
after the date on which the officer becomes 68 years of age if the
Secretary determines that continued retention is necessary for the needs
of the Navy.".
(c) AIR FORCE. -- (1) Subsection (c) of section 8855 of such title
is amended --
(A) by striking out "An officer" and inserting in lieu thereof
"(1) Except as provided in paragraph (2), an officer";
(B) by striking out "67 years of age" and inserting in lieu
thereof "68 years of age"; and
(C) by adding at the end the following new paragraph:
"(2) The Secretary of the Air Force may retain an officer (other than
an officer who is designated as a chaplain) in an active status under
this section after the date on which the officer becomes 68 years of age
if the Secretary determines that continued retention is necessary for
the needs of the Air Force.".
(2) Such section is further amended by adding at the end the
following new subsection:
"(d) Subsection (a)(1) of section 324 of title 32 shall not apply to
an officer during any period in which the officer is retained in an
active status under this section.".
SEC. 711. RETENTION OF CERTAIN RESERVE PSYCHOLOGISTS IN ACTIVE
STATUS
(a) ARMY. -- Section 3855(a) of title 10, United States Code, is
amended by striking out "the podiatry specialty in the Medical Allied
Sciences Section of the Medical Service Corps, the Optometry Section of
the Medical Service Corps," and inserting in lieu thereof the following
"the Medical Service Corps (if the officer has been designated as an
allied health officer or biomedical sciences officer in that Corps),".
(b) NAVY. -- Section 6392(a) of such title is amended by inserting
"allied health officer," before "or biomedical sciences officer".
SEC. 712. REALLOCATION OF NAVAL RESERVE REAR ADMIRAL POSITIONS
AUTHORIZED FOR HEALTH PROFESSIONS
Effective on October 1, 1990, section 5457(a) of title 10, United
States Code, is amended --
(1) by striking out "Medical Corps -- 7" and inserting in lieu
thereof "Medical Corps -- 5"; and
(2) by inserting after and below paragraph (7) the following:
"(8) Nurse Corps -- 1.
"(9) Medical Service Corps -- 1.".
SEC. 721. "10 USC 1074 note" PROHIBITION ON CHARGES FOR OUTPATIENT
MEDICAL AND DENTAL CARE
During fiscal years 1990 and 1991, the Secretary of Defense may not
impose a charge for the receipt of outpatient medical or dental care at
a military medical treatment facility.
SEC. 722. SHARING OF HEALTH-CARE RESOURCES WITH THE DEPARTMENT OF
VETERANS AFFAIRS
(a) IN GENERAL. -- Chapter 55 of title 10, United States Code, is
amended by adding at the end the following new section:
"Section 1104. Sharing of health-care resources with the Department
of Veterans Affairs
"(a) SHARING OF HEALTH-CARE RESOURCES. -- Health-care resources of
the Department of Defense may be shared with health-care resources of
the Department of Veterans Affairs in accordance with section 5011 of
title 38 or under section 1535 of title 31.
"(b) REIMBURSEMENT FROM CHAMPUS FUNDS. -- Pursuant to an agreement
entered into under section 5011 of title 38 or section 1535 of title 31,
the Secretary of a military department may reimburse the Secretary of
Veterans Affairs from funds available for that military department for
the payment of medical care provided under section 1079 or 1086 of this
title.
"(c) CHARGES. -- The Secretary of Defense may prescribe by
regulation a premium, deductible, copayment, or other charge for health
care provided to covered beneficiaries under this chapter pursuant to an
agreement entered into by the Secretary of a military department under
section 5011 of title 38 or section 1535 of title 31.
"(d) PROVISION OF SERVICES DURING WAR OR NATIONAL EMERGENCY. --
Members of the armed forces on active duty during and immediately
following a period of war, or during and immediately following a
national emergency involving the use of the armed forces in armed
conflict, may be provided health-care services by the Department of
Veterans Affairs in accordance with section 5011A of title 38.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"1104. Sharing of health-care resources with the Department of
Veterans Affairs.".
SEC. 723. "10 USC 2687 note" PROHIBITION ON REDUCING END STRENGTH
LEVELS FOR MEDICAL PERSONNEL AS A RESULT OF BASE CLOSURES AND
REALIGNMENTS
(a) PROHIBITION. -- The end strength levels for medical personnel
for each component of the Armed Forces, and the number of civilian
personnel of the Department of Defense assigned to military medical
facilities, may not be reduced as a result of the closure or realignment
of a military installation under section 2687 of title 10, United States
Code, or title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(b) MEDICAL PERSONNEL DEFINED. -- For purposes of subsection (a),
the term "medical personnel" has the meaning given that term in
subparagraph (D) of section 115(b)(1) of title 10, United States Code.
SEC. 724. "10 USC 1101 note" REVISED DEADLINE FOR THE USE OF
DIAGNOSIS-RELATED GROUPS FOR OUTPATIENT TREATMENT
The regulations required by section 1101(a) of title 10, United
States Code, to establish the use of diagnosis-related groups as the
primary criteria for the allocation of resources to health care
facilities of the uniformed services shall be prescribed to take effect
not later than October 1, 1991, in the case of outpatient treatments.
SEC. 725. ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP PROGRAM
(a) SPECIALIZED TRAINING DEFINED. -- Section 2120 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
"(4) The term 'specialized training' means advanced training in
a health professions specialty received in an accredited program
that is beyond the basic education required for appointment as a
commissioned officer with a designation as a health
professional.".
(b) EXPANSION OF PROGRAM. -- Section 2121 of such title is amended
--
(1) in subsection (a), by striking out "health professions
scholarship program" and inserting in lieu thereof "health
professions scholarship and financial assistance program";
(2) in subsection (b), by inserting "and specialized training"
after "study"; and
(3) in subsection (c) --
(A) by striking out "of the program" in the second sentence and
inserting in lieu thereof "pursuing a course of study"; and
(B) by inserting after the second sentence the following new
sentence: "Members pursuing specialized training shall serve on
active duty in a pay grade commensurate with their educational
level, as determined by appointment under sections 3353, 5600, or
8353 of this title, with full pay and allowances of that grade for
a period of 14 days during each year of participation in the
program.".
(c) ELIGIBILITY. -- Paragraph (1) of section 2122(a) of such title
is amended by striking out "in a course of study" and all that follows
through the semicolon and inserting in lieu thereof "in a course of
study or selected to receive specialized training;".
(d) FINANCIAL ASSISTANCE. -- (1) Section 2127 of such title is
amended by adding at the end the following new subsection:
"(e) A person participating as a member of the program in specialized
training shall be paid an annual grant of $15,000 in addition to the
stipend under section 2121(d) of this title. The amount of the grant
shall be increased annually by the Secretary of Defense, effective July
1 of each year, in the same manner as provided for stipends.".
(2) The heading of such section is amended to read as follows:
"Section 2127. Scholarships and financial assistance: payments".
(3) The item relating to such section in the table of sections at the
beginning of subchapter I of chapter 105 of such title is amended to
read as follows:
"2127. Scholarships and financial assistance: payments.".
(e) "10 USC 2127 note" REPORT ON IMPLEMENTATION. -- Not later than
March 1, 1990, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report describing the manner in which the new authority provided by this
section is implemented.
(f) REPORT ON SUCCESS OF FINANCIAL ASSISTANCE PROGRAM. -- (1) The
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report --
(A) evaluating the success of the financial assistance program
established by this section; and
(B) describing the number of participants in the program
receiving specialized training payments under subsection (e) of
section 2127 of title 10, United States Code (as added by
subsection (d)) and the projected number of officers to be gained,
by specialty, as a result of the program for each military
department.
(2) The report required by paragraph (1) shall be submitted not later
than March 1, 1991.
(g) DELAY IN TARGETING SCHOLARSHIPS FOR CRITICALLY NEEDED WARTIME
SKILLS. -- Paragraph (2) of section 2124 of such title is amended by
inserting "after September 30, 1991," after "(2)".
(h) CLERICAL AMENDMENTS. -- (1) Section 2120 of title 10, United
States Code, is amended by striking out "the Armed Forces Health
Professions Scholarship program" each place it appears and inserting in
lieu thereof "the Armed Forces Health Professions Scholarship and
Financial Assistance program".
(2) The subchapter heading of subchapter I of chapter 105 of such
title is amended to read as follows:
(3) The item relating to such subchapter in the table of subchapters
at the beginning of such chapter is amended to read as follows:
"I. Health Professions Scholarship and Financial Assistance Program
for Active Service .......... 2120".
SEC. 726. UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES AND
HENRY M. JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE
(a) INCREASED NUMBER OF EXEMPTIONS FROM DUAL-PAY PROVISION. --
Subsection (f)(2) of section 2113 of title 10, United States Code, is
amended by striking out "two exemptions" in the last sentence and
inserting in lieu thereof "five exemptions".
(b) GRANT AUTHORITY. -- (1) Subsection (j)(1)(A) of such section is
amended --
(A) by inserting ", accept grants from, and make grants to"
after "contracts with"; and
(B) by striking out "or with" and inserting in lieu thereof
"or".
(2) Subsection (g)(1) of section 178 of such title is amended by
inserting ", accept grants from, and make grants to" after "contracts
with".
SEC. 727. RETENTION OF FUNDS COLLECTED FROM THIRD-PARTY PAYERS OF
INPATIENT CARE FURNISHED AT FACILITIES OF THE UNIFORMED SERVICES
(a) RETENTION AUTHORIZED. -- Section 1095 of title 10, United States
Code, is amended --
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
"(g) Amounts collected under this section from a third-party payer
for the costs of inpatient hospital care provided at a facility of the
uniformed services shall be credited to the appropriation supporting the
maintenance and operation of the facility.".
(b) EFFECTIVE DATE. -- "10 USC 1095 note" The amendment made by this
section shall take effect on October 1, 1989, and shall apply to amounts
collected under section 1095 of title 10, United States Code, on or
after that date.
SEC. 728. REALLOCATION OF CERTAIN CIVILIAN PERSONNEL POSITIONS TO
MEDICAL SUPPORT
(a) REALLOCATION OF POSITIONS REQUIRED. -- In implementing the
report of the Deputy Inspector General of the Department of Defense
entitled "Review of Unified and Specified Command Headquarters"
(completed in February 1988), the Secretary of the Army and the
Secretary of the Navy shall reallocate to medical support positions the
939 civilian positions selected for elimination.
(b) REPORT ON REALLOCATION. -- (1) The Secretary of the Army and the
Secretary of the Navy shall jointly submit to the Committees on Armed
Services of the Senate and House of Representatives a report describing,
as of the date such report is submitted --
(A) the medical support positions created pursuant to
subsection (a);
(B) the location of such positions; and
(C) the duties of the civilian personnel in such positions.
(2) The report required by paragraph (1) shall be submitted not later
than March 1, 1990.
SEC. 729. CODIFICATION OF APPROPRIATION PROVISION RELATING TO
CHAMPUS
Subsection (c) of section 1074 of title 10, United States Code, is
amended by adding at the end the following new sentence: "If a private
facility or health care provider providing care under this subsection is
a health care provider under the Civilian Health and Medical Program of
the Uniformed Services, the Secretary of Defense, after consultation
with the other administering Secretaries, may by regulation require the
private facility or health care provider to provide such care in
accordance with the same payment rules (subject to any modifications
considered appropriate by the Secretary) as apply under that program.".
SEC. 730. LIMITATION ON CHAMPUS PAYMENTS TO NONINSTITUTIONAL
HEALTH-CARE PROVIDERS
(a) CHANGE IN LIMITATION. -- Subsection (h) of section 1079 of title
10, United States Code, is amended by striking out "90th percentile"
both places it appears and inserting in lieu thereof "80th percentile".
(b) APPLICABILITY. -- The amendment made by subsection (a) "10 USC
1079 note" shall apply to services provided on or after October 1, 1989.
SEC. 731. CLARIFICATION AND CORRECTION OF PROVISIONS RELATING TO
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES
(a) ELIGIBILITY OF CERTAIN FORMER SPOUSES. -- Section 1072(2) of
title 10, United States Code, is amended --
(1) by striking out "and" at the end of clause (F);
(2) by striking out the period at the end of clause (G) and
inserting in lieu thereof "; and"; and
(3) by adding at the end the following new clause:
"(H) a person who would qualify as a dependent under clause (G)
but for the fact that the date of the final decree of divorce,
dissolution, or annulment of the person is on or after April 1,
1985, except that the term does not include the person after the
end of the one-year period beginning on the date of that final
decree.".
(b) AVAILABILITY OF CONVERSION HEALTH POLICIES AND EXTENSION OF
ELIGIBILITY FOR MEDICAL AND DENTAL CARE. -- (1) Chapter 55 of such
title is amended by inserting after section 1086 the following new
section:
"Section 1086a. Certain former spouses: extension of period of
eligibility for health benefits
"(a) AVAILABILITY OF CONVERSION HEALTH POLICIES. -- The Secretary of
Defense shall inform each person who has been a dependent for a period
of one year or more under section 1072(2)(H) of this title of the
availability of a conversion health policy for purchase by the person.
"(b) EFFECT OF PURCHASE. -- (1) Subject to paragraph (2), if a
person who is a dependent for a one-year period under section 1072(2)(H)
of this title purchases a conversion health policy within that period
(or within a reasonable time after that period as prescribed by the
Secretary of Defense), the person shall continue to be eligible for
medical and dental care in the manner described in section 1076 of this
title and health benefits under section 1086 of this title until the end
of the one-year period beginning on the later of --
"(A) the date the person is no longer a dependent under section
1072(2)(H) of this title; and
"(B) the date of the purchase of the policy.
"(2) The extended period of eligibility provided under paragraph (1)
shall apply only with regard to a condition of the person that --
"(A) exists on the date on which coverage under the conversion
health policy begins; and
"(B) for which care is not provided under the policy solely on
the grounds that the condition is a preexisting condition.
"(c) CONVERSION HEALTH POLICY DEFINED. -- In this section, the term
'conversion health policy' means a health insurance policy with a
private insurer, developed through negotiations between the Secretary of
Defense and the private insurer, that is available for purchase by or
for the use of a person who is a dependent for a one-year period under
section 1072(2)(H) of this title.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1086 the following new
item:
"1086a. Certain former spouses: extension of period of eligibility
for health benefits.".
(c) CONFORMING AMENDMENTS. -- (1) Subsection (f) of section 1076 of
such title is repealed.
(2) Paragraph (3) of section 1086(c) of such title is amended to read
as follows:
"(3) A dependent covered by clause (F), (G), or (H) of section
1072(2) of this title who is not eligible under paragraph (1).".
(d) EFFECTIVE DATE; APPLICATION OF AMENDMENTS. -- (1) The
amendments made by this section apply to a person referred to in section
1072(2)(H) of title 10, "10 USC 1072 note" United States Code (as added
by subsection (a)), whose decree of divorce, dissolution, or annulment
becomes final on or after the date of the enactment of this Act.
(2) The amendments made by this section shall also apply to a person
referred to in such section whose decree of divorce, dissolution, or
annulment became final during the period beginning on September 29,
1988, and ending on the day before the date of the enactment of this
Act, as if the amendments had become effective on September 29, 1988.
(e) "10 USC 1072 note" TRANSITION. -- (1) In the case of a person
who qualified as a dependent under section 645(c) of the Department of
Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2549), on
September 28, 1988, the Secretary of Defense shall make a conversion
health policy available for purchase by the person during the remaining
period the person is considered to be a dependent under that section (or
within a reasonable time after that period as prescribed by the
Secretary of Defense).
(2) Purchase of a conversion health policy under paragraph (1) by a
person shall entitle the person to health care for preexisting
conditions in the same manner and to the same extent as provided by
section 1086a(b) of title 10, United States Code (as added by subsection
(b)), until the end of the one-year period beginning on the later of --
(A) the date the person is no longer qualified as a dependent
under section 645(c) of the Department of Defense Authorization
Act, 1985; and
(B) the date of the purchase of the policy.
(3) For purposes of this subsection, the term "conversion health
policy" has the meaning given that term in section 1086a(c) of title 10,
United States Code (as added by subsection (b)).
SEC. 801. "10 USC 2399 note" ASSESSMENT OF RISK IN CONCURRENT
DEVELOPMENT OF MAJOR DEFENSE ACQUISITION SYSTEMS
(a) ESTABLISHMENT OF POLICY. -- The Secretary of Defense shall
establish guidelines for --
(1) determining the degree of concurrency that is appropriate
for the development of major defense acquisition systems; and
(2) assessing the degree of risk associated with various
degrees of concurrency.
(b) REPORT ON GUIDELINES. -- The Secretary shall submit to Congress
a report that describes the guidelines established under subsection (a)
and the method used for assessing risk associated with concurrency.
(c) REPORT ON CONCURRENCY IN MAJOR ACQUISITION PROGRAMS. -- (1) The
Secretary shall also submit to Congress a report outlining the risk
associated with concurrency for each major defense acquisition program
that is in either full-scale development or low-rate initial production
as of January 1, 1990.
(2) The report shall include consideration of the following matters
with respect to each such program:
(A) The degree of confidence in the enemy threat assessment for
establishing the system's requirements.
(B) The type of contract involved.
(C) The degree of stability in program funding.
(D) The level of maturity of technology involved in the system.
(E) The availability of adequate test assets, including
facilities and ranges.
(F) The plans for transition from development to production.
(d) SUBMISSION OF REPORTS. -- The reports under subsections (b) and
(c) shall be submitted to Congress not later than March 1, 1990.
(e) DEFINITION. -- For purposes of this section, the term
"concurrency" means the degree of overlap between the development and
production processes of an acquisition program.
SEC. 802. OPERATIONAL TEST AND EVALUATION
(a) IN GENERAL. -- (1) Chapter 141 of title 10, United States Code,
is amended by inserting after section 2398 the following new section:
"Section 2399. Operational test and evaluation of defense
acquisition programs
"(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL PRODUCTION. --
(1) The Secretary of Defense shall provide that a major defense
acquisition program may not proceed beyond low-rate initial production
until initial operational test and evaluation of the program is
completed.
"(2) In this subsection, the term "major defense acquisition program"
means --
"(A) a conventional weapons system that is a major system
within the meaning of that term in section 2302(5) of this title;
and
"(B) is designed for use in combat.
"(b) OPERATIONAL TEST AND EVALUATION. -- (1) Operational testing of
a major defense acquisition program may not be conducted until the
Director of Operational Test and Evaluation of the Department of Defense
approves (in writing) the adequacy of the plans (including the projected
level of funding) for operational test and evaluation to be conducted in
connection with that program.
"(2) The Director shall analyze the results of the operational test
and evaluation conducted for each major defense acquisition program. At
the conclusion of such testing, the Director shall prepare a report
stating the opinion of the Director as to --
"(A) whether the test and evaluation performed were adequate;
and
"(B) whether the results of such test and evaluation confirm
that the items or components actually tested are effective and
suitable for combat.
"(3) The Director shall submit each report under paragraph (2) to the
Secretary of Defense, the Under Secretary of Defense for Acquisition,
and the congressional defense committees. Each such report shall be
submitted to those committees in precisely the same form and with
precisely the same content as the report originally was submitted to the
Secretary and Under Secretary and shall be accompanied by such comments
as the Secretary may wish to make on the report.
"(4) A final decision within the Department of Defense to proceed
with a major defense acquisition program beyond low-rate initial
production may not be made until the Director has submitted to the
Secretary of Defense the report with respect to that program under
paragraph (2) and the congressional defense committees have received
that report.
"(5) In this subsection, the term "major defense acquisition program"
has the meaning given that term in section 138(a)(2)(B) of this title.
"(c) DETERMINATION OF QUANTITY OF ARTICLES REQUIRED FOR OPERATIONAL
TESTING. -- The quantity of articles of a new system that are to be
procured for operational testing shall be determined by --
"(1) the Director of Operational Test and Evaluation of the
Department of Defense, in the case of a new system that is a major
defense acquisition program (as defined in section 138(a)(2)(B) of
this title); or
"(2) the operational test and evaluation agency of the military
department concerned, in the case of a new system that is not a
major defense acquisition program.
"(d) IMPARTIALITY OF CONTRACTOR TESTING PERSONNEL. -- In the case of
a major defense acquisition program (as defined in subsection (a)(2)),
no person employed by the contractor for the system being tested may be
involved in the conduct of the operational test and evaluation required
under subsection (a). The limitation in the preceding sentence does not
apply to the extent that the Secretary of Defense plans for persons
employed by that contractor to be involved in the operation,
maintenance, and support of the system being tested when the system is
deployed in combat.
"(e) IMPARTIAL CONTRACTED ADVISORY AND ASSISTANCE SERVICES. -- (1)
The Director may not contract with any person for advisory and
assistance services with regard to the test and evaluation of a system
if that person participated in (or is participating in) the development,
production, or testing of such system for a military department or
Defense Agency (or for another contractor of the Department of Defense).
"(2) The Director may waive the limitation under paragraph (1) in any
case if the Director determines in writing that sufficient steps have
been taken to ensure the impartiality of the contractor in providing the
services. The Inspector General of the Department of Defense shall
review each such waiver and shall include in the Inspector General's
semi-annual report an assessment of those waivers made since the last
such report.
"(3) A contractor that has participated in (or is participating in)
the development, production, or testing of a system for a military
department or Defense Agency (or for another contractor of the
Department of Defense) may not be involved (in any way) in the
establishment of criteria for data collection, performance assessment,
or evaluation activities for the operational test and evaluation.
"(f) SOURCE OF FUNDS FOR TESTING. -- The costs for all tests
required under subsection (a) shall be paid from funds available for the
system being tested.
"(g) DIRECTOR'S ANNUAL REPORT. -- As part of the annual report of
the Director under section 138 of this title, the Director shall
describe for each program covered in the report the status of test and
evaluation activities in comparison with the test and evaluation master
plan for that program, as approved by the Director. The Director shall
include in such annual report a description of each waiver granted under
subsection (e)(2) since the last such report.
"(h) DEFINITIONS. -- In this section:
"(1) The term 'operational test and evaluation' has the meaning
given that term in section 138(a)(2)(A) of this title. For
purposes of subsection (a), that term does not include an
operational assessment based exclusively on --
"(A) computer modeling;
"(B) simulation; or
"(C) an analysis of system requirements, engineering proposals,
design specifications, or any other information contained in
program documents.
"(2) The term 'congressional defense committees' means the
Committees on Armed Services and the Committees on Appropriations
of the Senate and House of Representatives.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2398 the following new
item:
"2399. Operational test and evaluation of defense acquisition
programs.".
(b) CONFORMING AMENDMENTS TO SECTION 138. -- Section 138 of such
title is amended --
(1) in subsection (b) --
(A) by inserting "and" at the end of paragraph (4);
(B) by striking out paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5);
(2) by striking out subsection (c);
(3) by striking out "(d)(1)" and inserting in lieu thereof
"(c)";
(4) by striking out "(2) The Director may not" and inserting in
lieu thereof "(d) The Director may not";
(5) by striking out subsection (f);
(6) by striking out "(g)(1)" and inserting in lieu thereof
"(f)";
(7) by striking out "this paragraph" in the last sentence of
subsection (f), as designated by paragraph (6), and inserting in
lieu thereof "this subsection"; and
(8) by striking out "(2) The Director shall" and inserting in
lieu thereof "(g) The Director shall".
(c) CONFORMING AMENDMENTS TO SECTION 2366. -- (1) Subsection (a)(1)
of section 2366 of such title is amended --
(A) by inserting "and" at the end of subparagraph (A);
(B) by striking out "; and" at the end of subparagraph (B) and
inserting in lieu thereof a period; and
(C) by striking out subparagraph (C).
(2) Subsection (b) of such section is amended --
(A) by striking out paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Subsection (e) of such section is amended --
(A) by striking out paragraphs (3) and (7); and
(B) by redesignating paragraphs (4), (5), (6), and (8) as
paragraphs (3), (4), (5), and (6), respectively.
(4)(A) The heading of such section is amended to read as follows:
"Section 2366. Major systems and munitions programs: survivability
testing and lethality testing required before full-scale production".
(B) The item relating to such section in the table of sections at the
beginning of chapter 139 of such title is amended to read as follows:
"2366. Major systems and munitions programs: survivability testing
and lethality testing required before full-scale production".
SEC. 803. LOW-RATE INITIAL PRODUCTION
(a) IN GENERAL. -- Chapter 141 of title 10, United States Code, is
amended by inserting after section 2399 (as added by section 802) the
following new section:
"Section 2400. Low-rate initial production of new systems
"(a) DETERMINATION OF QUANTITIES TO BE PROCURED FOR LOW-RATE INITIAL
PRODUCTION. -- (1) In the course of the development of a major system,
the determination of what quantity of articles of that system should be
procured for low-rate initial production (including the quantity to be
procured for preproduction verification articles) shall be made --
"(A) when the milestone II decision with respect to that system
is made; and
"(B) by the official of the Department of Defense who makes
that decision.
"(2) In paragraph (1), the term 'milestone II decision' means the
decision to approve the full-scale engineering development of a major
system by the official of the Department of Defense designated to have
the authority to make that decision.
"(3) Any increase from a quantity determined under paragraph (1) may
only be made with the approval of the official making the determination.
"(4) The Secretary of Defense shall include a statement of the
quantity determined under paragraph (1) in the first SAR submitted with
respect to the program concerned after that quantity is determined. For
purposes of the preceding sentence, the term 'SAR' means a Selected
Acquisition Report submitted under section 2432 of this title.
"(b) LOW-RATE INITIAL PRODUCTION OF WEAPON SYSTEMS. -- Except as
provided in subsection (c), low-rate initial production with respect to
a new system is production of the system in the minimum quantity
necessary --
"(1) to provide production-configured or representative
articles for operational tests pursuant to section 2399 of this
title;
"(2) to establish an initial production base for the system;
and
"(3) to permit an orderly increase in the production rate for
the system sufficient to lead to full-rate production upon the
successful completion of operational testing.
"(c) LOW-RATE INITIAL PRODUCTION OF NAVAL VESSEL AND SATELLITE
PROGRAMS. -- (1) With respect to naval vessel programs and military
satellite programs, low-rate initial production is production of items
at the minimum quantity and rate that (A) preserves the mobilization
production base for that system, and (B) is feasible, as determined
pursuant to regulations prescribed by the Secretary of Defense.
"(2) For each naval vessel program and military satellite program,
the Secretary of Defense shall submit to Congress a report providing --
"(A) an explanation of the rate and quantity prescribed for
low-rate initial production and the considerations in establishing
that rate and quantity;
"(B) a test and evaluation master plan for that program; and
"(C) an acquisition strategy for that program that has been
approved by the Secretary, to include the procurement objectives
in terms of total quantity of articles to be procured and annual
production rates.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2399 (as added by section 802) the following new item:
"2400. Low-rate initial production of new systems.".
SEC. 804. MODIFICATIONS WITH RESPECT TO REPORTS ON LIVE-FIRE TESTING
PROGRAMS
(a) TESTING REPORT TO BE SUBMITTED BEFORE PRODUCTION. -- Subsection
(a)(1) of section 2366 of title 10, United States Code (as amended by
section 842), is amended by inserting "and the report required by
subsection (d) with respect to that testing is submitted in accordance
with that subsection" after "this section" in subparagraphs (A) and (B).
(b) CONTENT OF TESTING REPORT. -- Subsection (d) of such section is
amended by adding at the end the following: "Each such report shall
describe the results of the survivability or lethality testing and shall
give the Secretary's overall assessment of the testing.".
SEC. 805. PROCEDURES APPLICABLE TO MULTIYEAR PROCUREMENT CONTRACTS
(a) ADDITIONAL REQUIREMENTS. -- Section 2306(h) of title 10, United
States Code, is amended by adding at the end the following new
paragraphs:
"(9) A multiyear contract may not be entered into for any fiscal year
under this subsection unless each of the following conditions is
satisfied:
"(A) The Secretary of Defense certifies to Congress that the
current five-year defense program fully funds the support costs
associated with the multiyear program.
"(B) The proposed multiyear contract provides for production at
not less than minimum economic rates given the existing tooling
and facilities.
"(C) The proposed multiyear contract --
"(i) achieves a 10 percent savings as compared to the cost of
current negotiated contracts, adjusted for changes in quantity and
for inflation; or
"(ii) achieves a 10 percent savings as compared to annual
contracts if no recent contract experience exists.
"(10) The Secretary of Defense may instruct the Secretary of the
military department concerned to incorporate into a proposed multiyear
contract negotiated priced options for varying the quantities of end
items to be procured over the period of the contract.
"(11) If for any fiscal year a multiyear contract to be entered into
under this subsection is authorized by law for a particular procurement
program and that authorization is subject to certain conditions
established by law (including a condition as to cost savings to be
achieved under the multiyear contract in comparison to specified other
contracts) and if it appears (after negotiations with contractors) that
such savings cannot be achieved, but that substantial savings could
nevertheless be achieved through the use of a multiyear contract rather
than specified other contracts, the President may submit to Congress a
request for relief from the specified cost savings that must be achieved
through multiyear contracting for that program. Any such request by the
President shall include details about the request for a multiyear
contract, including details about the negotiated contract terms and
conditions.".
(b) CONFORMING REPEAL. -- Section 104 of Public Law 100-526 (102
Stat. 2624) "10 USC 2306 note" is repealed.
(c) TRANSITION. -- Subparagraph (C) of paragraph (9) of section
2306(h) of title 10, "10 USC 2306 note" United States Code, as added by
subsection (a), does not apply to programs that are under a multiyear
contract on the date of the enactment of this Act.
SEC. 806. REVISION OF LIMITATION ON TRANSFER OF CERTAIN TECHNICAL
DATA PACKAGES TO FOREIGN COUNTRIES
(a) COUNTRIES TO WHICH TRANSFERS MAY BE MADE. -- Subsection (b) of
section 4542 of title 10, United States Code, is amended --
(1) in paragraph (1), by striking out "a friendly foreign
country" and inserting in lieu thereof "a member nation of the
North Atlantic Treaty Organization or a country designated as a
major non-NATO ally";
(2) in paragraph (2)(B), by inserting ", except as provided in
subsection (e)" before the semicolon at the end; and
(3) in paragraph (3), by inserting "or (d)" after "subsection
(c)".
(b) COOPERATIVE PROJECT AGREEMENTS. -- Such section is further
amended --
(1) by redesignating subsections (d), (e), and (f) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
"(d) COOPERATIVE PROJECT AGREEMENTS. -- An agreement under this
subsection is a cooperative project agreement under section 27 of the
Arms Export Control Act (22 U.S.C. 2767) which includes provisions that
--
"(1) for development phases describe the technical data to be
transferred and for the production phase prescribe the content of
the technical data package or assistance to be transferred to the
foreign country participating in the agreement;
"(2) require that at least the United States production of the
defense item to which the technical data package or assistance
relates be carried out by the arsenal concerned; and
"(3) require the Secretary of Defense to monitor compliance
with the agreement.
"(e) LICENSING FEES AND ROYALTIES. -- The limitation in subsection
(b)(2)(B) shall not apply if the technology (or production technique)
transferred is subject to nonexclusive license and payment of any
negotiated licensing fee or royalty that reflects the cost of
development, implementation, and prove-out of the technology or
production technique. Any negotiated license fee or royalty shall be
placed in the operating fund of the arsenal concerned for the purpose of
capital investment and technology development at that arsenal.".
(c) CONFORMING AMENDMENT. -- Subsection (f) of such section (as
redesignated by subsection (b)(1)) is amended by inserting "or a
cooperative project" in paragraph (1) after "cooperative research and
development program".
SEC. 811. ACQUISITION REPORT STREAMLINING
(a) UNIT COST REPORTS. -- (1) Subsection (a) of section 2433 of
title 10, United States Code, is amended --
(A) in paragraph (2), by inserting "the service acquisition
executive designated by" before "the Secretary concerned"; and
(B) in paragraph (4) --
(i) by inserting "the service acquisition executive designated
by" before "the Secretary concerned";
(ii) in clause (A), by striking out "unit cost report submitted
under subsection (e)(2)(B)(ii) with respect to" and inserting in
lieu thereof "Selected Acquisition Report submitted under
subsection (e)(2)(B) that includes information on"; and
(iii) in clause (B), by striking out "subsection (e)(2)(B)(ii)
with respect to the program during that three-quarter period, the
most recent unit cost report submitted under subsection (e)(1)
with respect to the program" and inserting in lieu thereof
"subsection (e)(2)(B) with respect to the program during that
three-quarter period, the most recent Selected Acquisition Report
submitted under subsection (e)(1) that includes information on the
program".
(2) Subsection (b) of section 2433 of such title is amended --
(A) by striking out "(b) The program manager" and all that
follows through the colon preceding paragraph (1) and inserting in
lieu thereof the following:
"(b) The program manager for a major defense acquisition program
(other than a program not required to be included in the Selected
Acquisition Report for that quarter under section 2432(b)(3) of this
title) shall, on a quarterly basis, submit to the service acquisition
executive designated by the Secretary concerned a written report on the
unit costs of the program. Each report shall be submitted not more than
7 days (excluding Saturdays, Sundays, and legal public holidays) after
the end of that quarter. The program manager shall include in each such
unit cost report the following information with respect to the program
(as of the last day of the quarter for which the report is made):"; and
(B) in paragraph (4), by striking out "Selected Acquisition
Report" and inserting in lieu thereof "description established
under section 2435 of this title".
(3) Subsection (c) of section 2433 of such title is amended --
(A) in paragraph (1) --
(i) by striking out "fiscal-year" in the matter above clause
(A); and
(ii) in the matter following clause (C) --
(I) by inserting "the service acquisition executive designated
by" before "the Secretary concerned" the first place it appears;
(II) by striking out "(other than the unit cost report under
subsection (b) for the last quarter of the preceding fiscal year)"
and inserting in lieu thereof "(other than the last quarterly unit
cost report under subsection (b) for the preceding fiscal year)";
and
(III) by striking out "Secretary concerned" the second place it
appears and inserting in lieu thereof "such service acquisition
executive"; and
(B) in paragraph (2) --
(i) in the matter above clause (A) --
(I) by inserting "the service acquisition executive designated
by" before "the Secretary concerned" the first place it appears;
and
(II) by striking out "(other than the unit cost report under
subsection (b) for the last quarter of the preceding fiscal year)"
and inserting in lieu thereof "(other than the last quarterly unit
cost report under subsection (b) for the preceding fiscal year)";
and
(ii) by striking out "Secretary concerned" each place it
appears in clauses (A), (B), and (C) and in the matter following
clause (C) and inserting in lieu thereof "such service acquisition
executive".
(4) Subsection (d) of section 2433 of such title is amended --
(A) in paragraph (1) --
(i) by inserting "the service acquisition executive designated
by" before "the Secretary concerned" the first place it appears;
and
(ii) by striking out "Secretary shall determine" and inserting
in lieu thereof "service acquisition executive shall determine";
(B) in paragraph (2) --
(i) by inserting "the service acquisition executive designated
by" before "the Secretary concerned" the first place it appears;
and
(ii) by striking out "Secretary concerned shall, in addition to
the determination under paragraph (1), determine" and inserting in
lieu thereof "service acquisition executive, in addition to the
determination under paragraph (1), shall determine"; and
(C) by striking out paragraph (3) and inserting in lieu thereof
the following:
"(3) If, based upon the service acquisition executive's
determination, the Secretary concerned determines (for the first time
since the beginning of the current fiscal year) that the current program
acquisition unit cost has increased by more than 15 percent, or by more
than 25 percent, as determined under paragraph (1) or that the current
procurement unit cost has increased by more than 15 percent, or by more
than 25 percent, as determined under paragraph (2), the Secretary shall
notify Congress in writing of such determination and of the increase
with respect to such program within 30 days after the date on which the
service acquisition executive reports his determination of such increase
in such unit cost to the Secretary and shall include in such
notification the date on which the determination was made.".
(5) Subsection (e) of section 2433 of such title is amended --
(A) by striking out "(e)(1)" and all that follows through the
end of paragraph (2) and inserting in lieu thereof the following:
"(e)(1)(A) Except as provided in subparagraph (B), whenever the
Secretary concerned determines under subsection (d) that the current
program acquisition cost of a major defense acquisition program has
increased by more than 15 percent, a Selected Acquisition Report shall
be submitted to Congress for the first fiscal-year quarter ending on or
after the date of the determination and such report shall include the
information described in section 2432(e) of this title. The report
shall be submitted within 45 days after the end of that quarter.
"(B) Whenever the Secretary makes a determination referred to in
subparagraph (A) in the case of a major defense acquisition program
during the second quarter of a fiscal year and before the date on which
the President transmits the budget for the following fiscal year to
Congress pursuant to section 1105 of title 31, the Secretary is not
required to file a Selected Acquisition Report under subparagraph (A)
but shall include the information described in subsection (g) regarding
that program in the comprehensive annual Selected Acquisition Report
submitted in that quarter.
"(2) If the percentage increase in the current program acquisition
cost of a major defense acquisition program (as determined by the
Secretary under subsection (d)) exceeds 25 percent, the Secretary of
Defense shall submit to Congress, before the end of the 30-day period
beginning on the day the Selected Acquisition Report containing the
information described in subsection (g) is required to be submitted
under section 2432(f) of this title --
"(A) a written certification, stating that --
"(i) such acquisition program is essential to the national
security;
"(ii) there are no alternatives to such acquisition program
which will provide equal or greater military capability at less
cost;
"(iii) the new estimates of the program acquisition unit cost
or procurement unit cost are reasonable; and
"(iv) the management structure for the acquisition program is
adequate to manage and control program acquisition unit cost or
procurement unit cost; and
"(B) if a report under paragraph (1) has been previously
submitted to Congress with respect to such program for the current
fiscal year but was based upon a different unit cost report from
the program manager to the service acquisition executive
designated by the Secretary concerned, a further report containing
the information described in subsection (g), determined from the
time of the previous report to the time of the current report.";
and
(B) in paragraph (3) --
(i) by striking out "(3)" and inserting in lieu thereof the
following: "(3) If a determination of a more than 15 percent
increase is made by the Secretary under subsection (d) and a
Selected Acquisition Report containing the information described
in subsection (g) is not submitted to Congress under paragraph
(1), or if a determination of a more than 25 percent increase is
made by the Secretary under subsection (d) and the certification
of the Secretary of Defense is not submitted to Congress under
paragraph (2), funds appropriated for military construction, for
research, development, test, and evaluation, and for procurement
may not be obligated for a major contract under the program.";
(ii) by striking out "in subsection (d)(3)(B)";
(iii) in clause (A) --
(I) by striking out "report of the Secretary concerned" and
inserting in lieu thereof "Selected Acquisition Report"; and
(II) by striking out "(2)(B)(ii)" and inserting in lieu thereof
"(2)(B)"; and
(iv) in clause (B) --
(I) by striking out "report of the Secretary concerned" and
inserting in lieu thereof "Selected Acquisition Report";
(II) by striking out "(2)(B)(ii)" and inserting in lieu thereof
"(2)(B)"; and
(III) by striking out "(2)(B)(i)" and inserting in lieu thereof
"(2)(A)".
(6) Subsection (g)(2) of section 2433 of such title is amended by
adding at the end the following new sentence: "The certification of the
Secretary of Defense under subsection (e) is not required to be
submitted for termination or cancellation of a program.".
(b) ENHANCED PROGRAM STABILITY. -- Section 2435 of title 10, United
States Code, is amended --
(1) in subsection (a)(2)(B)(iv), by striking out "development"
and inserting in lieu thereof "production"; and
(2) in subsection (b) --
(A) by striking out "senior procurement executive of such
military department (designated pursuant to section 16(3) of the
Office of Federal Procurement Policy Act (41 U.S.C. 414(3))" in
paragraph (1) and inserting in lieu thereof "service acquisition
executive designated by such Secretary"; and
(B) by striking out "90 days --" in paragraph (2) and inserting
in lieu thereof "180 days --".
(c) SELECTED ACQUISITION REPORTS. -- Section 2432(b)(2)(A) of title
10, United States Code, is amended by striking out "5 percent change in
total program cost" and inserting in lieu thereof "15 percent increase
in program acquisition unit cost and current procurement unit cost".
SEC. 812. THREE-YEAR PROGRAM FOR USE OF MASTER AGREEMENTS FOR
PROCUREMENT OF ADVISORY AND ASSISTANCE SERVICES
Section 2304 of title 10, United States Code, is amended by adding at
the end the following new subsection:
"(j)(1) The Secretary of Defense may enter into agreements (known as
'master agreements') with responsible sources under which the Secretary
may issue orders for the performance of specific advisory and assistance
services. Any such agreement shall specify terms and conditions for the
subsequent procurement of advisory and assistance services from the
sources. The period covered by any such agreement may not exceed two
years. Any such agreement may only be entered into using procedures
that, in the case of the award of a contract, would be competitive
procedures. Any such agreement shall be entered into with at least
three of the sources that submit offers for the master agreement.
"(2) Following the establishment of sources for advisory and
assistance services through the use of a master agreement described in
paragraph (1), the Secretary of Defense (A) may request offers from all
sources with master agreements for the services for which offers are
being requested if the contracting officer determines that there is a
reasonable expectation that offers will be obtained from at least two
sources, and (B) may issue orders (known as 'task orders') pursuant to
the request for offers to such sources for the performance of specific
advisory and assistance services, subject to the requirements of this
subsection. Any such request for offers shall contain a statement of
work clearly specifying all tasks to be performed under the order. Upon
evaluation of an offer or offers resulting from a request, the task
order shall be issued to the source submitting the offer that the
Secretary of Defense determines to be the most advantageous to the
United States, considering only cost or price and other factors included
in the request for offers.
"(3)(A) The requirements for the giving of notice of certain
solicitations that are prescribed in section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)) shall apply to solicitations for offers
for a master agreement under this subsection in the same manner and to
the same extent as those requirements apply to solicitations for
proposals for a contract for services for a price expected to exceed
$25,000.
"(B) Such requirements for the giving of notice shall not apply to
the issuance of orders under a master agreement entered into pursuant to
the procedures established under this section, except that the Secretary
of Defense shall furnish for publication by the Secretary of Commerce a
notice announcing the order.
"(4) The total value of task orders issued under master agreements by
any contracting activity in a fiscal year may not exceed the amount
equal to 30 percent of the value of all contracts for advisory and
assistance services awarded by that contracting activity during fiscal
year 1989.
"(5) The authority provided by this subsection to enter into master
agreements shall terminate at the end of the three-year period beginning
on the date on which final regulations prescribed to carry out this
subsection take effect.".
SEC. 813. AVAILABILITY OF FUNDS FOR OBLIGATION FOLLOWING THE
RESOLUTION OF A PROTEST
(a) IN GENERAL. -- Subchapter IV of chapter 15 of title 31, United
States Code, is amended by adding at the end the following new section:
"Section 1558. Availability of funds following resolution of a
protest
"(a) Notwithstanding section 1552 of this title or any other
provision of law, funds available to an agency for obligation for a
contract at the time a protest is filed in connection with a
solicitation for, proposed award of, or award of such contract shall
remain available for obligation for 90 working days after the date on
which the final ruling is made on the protest. A ruling is considered
final on the date on which the time allowed for filing an appeal or
request for reconsideration has expired, or the date on which a decision
is rendered on such an appeal or request, whichever is later.
"(b) Subsection (a) applies with respect to any protest filed under
subchapter V of chapter 35 of this title or under section 111(f) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
759(f)).".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"1558. Availability of funds following resolution of a protest.".
SEC. 814. POST-EMPLOYMENT RESTRICTIONS
(a) CLARIFICATION. -- (1) Section 27 of the Office of Federal
Procurement Policy Act (41 U.S.C. 423) is amended --
(A) by inserting ", except as provided in subsection (c)" in
subsections (a)(1) and (b)(1) before the semicolon;
(B)(i) by redesignating subsections (j) through (n) as
subsections (l) through (p), respectively; and
(ii) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively; and
(C) by inserting after subsection (b) the following new
subsection (c):
"(c) RECUSAL. -- (1) A procurement official may engage in a
discussion with a competing contractor that is otherwise prohibited by
subsection (b)(1) if, before engaging in such discussion --
"(A) the procurement official proposes in writing to disqualify
himself from the conduct of any procurement relating to the
competing contractor (i) for any period during which future
employment or business opportunities for such procurement official
with such competing contractor have not been rejected by either
the procurement official or the competing contractor, and (ii) if
determined to be necessary by the head of such procuring
official's procuring activity (or his designee) in accordance with
criteria prescribed in implementing regulations, for a reasonable
period thereafter; and
"(B) the head of that procuring activity of such procurement
official (or his designee), after consultation with the
appropriate designated agency ethics official, approves in writing
the recusal of the procurement official.
"(2) A procurement official who, during the period beginning with the
issuance of a procurement solicitation and ending with the award of a
contract, has participated personally and substantially in the
evaluation of bids or proposals, selection of sources, or conduct of
negotiations in connection with such solicitation and contract may not
be approved for a recusal under paragraph (1) during such period with
respect to such procurement.
"(3) A procurement official who, during the period beginning with the
negotiation of a modification or extension of a contract and ending with
--
"(A) an agreement to modify or extend the contract, or
"(B) a decision not to modify or extend the contract,
has participated personally and substantially in the evaluation of a
proposed modification or extension or the conduct of negotiations may
not be approved for a recusal under paragraph (1) during such period
with respect to such procurement.
"(4) A competing contractor may engage in a discussion with a
procurement official that is otherwise prohibited by subsection (a)(1)
if, before engaging in such discussion, the procurement official has
been recused in accordance with this subsection.
"(5) Regulations implementing this subsection shall include specific
criteria to be used in making determinations and approving recusals
under paragraph (1).".
(2) Subsection (f) of such section (as redesignated by paragraph
(1)(B)) is amended --
(A) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(B) by striking out "RESTRICTIONS ON GOVERNMENTAL OFFICIALS AND
EMPLOYEES. -- No" and all that follows through "shall -- " and
inserting in lieu thereof "RESTRICTIONS RESULTING FROM PROCUREMENT
ACTIVITIES OF PROCUREMENT OFFICIALS. -- (1) No individual who,
while serving as an officer or employee of the Government or
member of the Armed Forces, was a procurement official with
respect to a particular procurement may knowingly -- "; and
(C) by adding at the end the following new paragraph:
"(2) This subsection does not apply to any participation referred to
in paragraph (1)(A) or (1)(B) with respect to a subcontractor who is a
competing contractor unless --
"(A) the subcontractor is a first or second tier subcontractor
and the subcontract is for an amount that is in excess of
$100,000;
"(B) the subcontractor significantly assisted the prime
contractor with respect to negotiation of the prime contract;
"(C) the procurement official involved in the award,
modification, or extension of the prime contract personally
directed or recommended the particular subcontractor to the prime
contractor as a source for the subcontract; or
"(D) the procurement official personally reviewed and approved
the award, modification, or extension of the subcontract.".
(3) Such section is further amended by inserting after subsection (j)
(as redesignated by paragraph (1)(B)) the following new subsection (k):
"(k) ETHICS ADVICE. -- (1) Regulations implementing this section
shall include procedures for a procurement official or former
procurement official of a Federal agency to request advice from the
appropriate designated agency ethics official regarding whether such
procurement official or former procurement official is or would be
precluded by this section from engaging in a specified activity.
"(2) A procurement official or former procurement official of an
agency who requests advice from a designated agency ethics official
pursuant to paragraph (1) shall provide the agency ethics official with
all information reasonably available to the procurement official or
former procurement official that is relevant to a determination
regarding such request.
"(3) Not later than 30 days after the date on which the appropriate
designated agency ethics official receives a request for advice pursuant
to paragraph (1) accompanied by the information required by paragraph
(2), or as soon thereafter as practicable, the official shall issue a
written opinion regarding whether the requesting procurement official or
former procurement official is precluded by this section from engaging
in the specified activity.".
(4) Subsection (o) of such section (as redesignated by paragraph
(1)(B)) is amended to read as follows:
"(o) IMPLEMENTING REGULATIONS AND GUIDELINES. -- (1) Government-wide
regulations and guidelines appropriate to carry out this section shall
be included in the Federal Acquisition Regulation.
"(2) Regulations implementing this section shall --
"(A) define the term 'thing of value' for the purposes of this
section and shall include a single uniform Government-wide
exclusion at a specific minimal dollar amount; and
"(B) authorize the delegation of the functions assigned to
designated agency ethics officials under this section.
"(3) Notwithstanding sections 6 and 25 of this Act, on and after June
1, 1990, the Director of the Office of Government Ethics shall have the
responsibility for issuance, modification, or termination of
Government-wide regulations implementing paragraphs (1) and (2) of
subsection (a), paragraphs (1) and (2) of subsection (b), subsections
(c), (f), and (k), and paragraph (2) of this subsection. The Director
shall exercise such responsibility in coordination with the Federal
Acquisition Regulatory Council.".
(b) DEFINITIONS. -- Subsection (p) of section 27 of such Act (as
redesignated by subsection (a)(1)(B)) is amended --
(1) in paragraph (1), by striking out "with the development,
preparation, and issuance of a procurement solicitation," and
inserting in lieu thereof "on the earliest specific date, as
determined under implementing regulations, on which an authorized
official orders or requests an action described in clauses
(i)-(viii) of paragraph (3)(A),";
(2) in paragraph (3), by striking out subparagraph (A) and
inserting in lieu thereof the following:
"(A) The term 'procurement official' means, with respect to any
procurement (including the modification or extension of a
contract), any civilian or military official or employee of an
agency who has participated personally and substantially in any of
the following, as defined in implementing regulations:
"(i) The drafting of a specification developed for that
procurement.
"(ii) The review and approval of a specification developed for
that procurement.
"(iii) The preparation or issuance of a procurement
solicitation in that procurement.
"(iv) The evaluation of bids or proposals for that procurement.
"(v) The selection of sources for that procurement.
"(vi) The conduct of negotiations in the procurement.
"(vii) The review and approval of the award, modification, or
extension of a contract in that procurement.
"(viii) Such other specific procurement actions as may be
specified in implementing regulations."; and
(3) by adding at the end the following new paragraph:
"(8) The term 'designated agency ethics official' has the same
meaning as the term 'designated agency official' in section 209(10) of
the Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. App.).".
(c) TECHNICAL AND CONFORMING AMENDMENTS. -- Such section is further
amended --
(1) in subsection (e) (as redesignated by subsection (a)(1)(B))
--
(A) by striking out "(c), or (e)" in paragraph (1)(A)(i) and
inserting in lieu thereof "(d), or (f)";
(B) by striking out "(c), or (e)" in paragraph (1)(B)(ii) and
inserting in lieu thereof "(d), or (f)";
(C) by striking out "(c), or (e)" in paragraph (2)(A) and
inserting in lieu thereof "(d), or (f)";
(D) by striking out "(c), or (e)" in paragraph (3)(A) and
inserting in lieu thereof "(d), or (f)"; and
(E) by striking out "subsection (m)" in paragraph (7)(B)(ii),
and inserting in lieu thereof "subsection (o)";
(2) in paragraph (1) of subsection (g) (as redesignated by
subsection (a)(1)(B)), by striking out "subsection (m)" and
inserting in lieu thereof "subsection (o)";
(3) in subsection (h) (as redesignated by subsection (a)(1)(B))
--
(A) by striking out "subsection (d)" in paragraph (1) and
inserting in lieu thereof "subsection (e)";
(B) by striking out "(b) or (c)" in paragraph (2) and inserting
in lieu thereof "(b) or (d)"; and
(C) by striking out "(h) and (i)" in paragraph (3) and
inserting in lieu thereof "(i) and (j)";
(4) in subsection (i) (as redesignated by subsection
(a)(1)(B)), by striking out "(c), or (e)" and inserting in lieu
thereof "(d), or (f)";
(5) in paragraph (1) of subsection (j) (as redesignated by
subsection (a)(1)(B)) --
(A) by striking out "subsection (n)" and inserting in lieu
thereof "subsection (p)"; and
(B) by striking out "subsection (m)" and inserting in lieu
thereof "subsection (o)"; and
(6) in subsection (l) (as redesignated by subsection (a)(1)(B))
--
(A) by striking out "subsection (b)" in paragraph (1) and
inserting in lieu thereof "subsections (b), (c), and (e)"; and
(B) in paragraph (2) --
(i) by striking out "subsection (b)" and inserting in lieu
thereof "subsections (b), (c), and (e)"; and
(ii) by striking out "(c), or (e)" and inserting in lieu
thereof "(d), or (f)".
(d) WAIVER OF CERTAIN RESTRICTIONS ON FORMER GOVERNMENT PERSONNEL.
-- (1) Subsection (f) of section 27 of the Office of Federal Procurement
Policy Act, as redesignated and amended by subsection (a), is further
amended by adding at the end the following:
"(3)(A)(i) The President may grant a waiver of a restriction imposed
by paragraph (1) (relating to post-Government service employment) to an
officer or employee described in subparagraph (B) if the President
determines and certifies in writing that it is in the public interest to
grant the waiver and that the services of the officer or employee are
critically needed for the benefit of the Federal Government. Not more
than 25 officers and employees currently employed by the Government at
any one time may hold waivers under this subparagraph.
"(ii) A waiver granted under this subparagraph to any person shall
apply only with respect to activities engaged in by that person after
that person's Government employment is terminated and only to that
person's employment at a Government-owned, contractor operated entity
with which the person served as an officer or employee immediately
before the person's Government employment began.
"(B) Waivers under subparagraph (A) may be granted only to civilian
officers and employees of the executive branch, other than officers and
employees in the Executive Office of the President.
"(C) A certification under subparagraph (A) shall take effect upon
its publication in the Federal Register and shall identify --
"(i) the officer or employee covered by the waiver by name and
by position, and
"(ii) the reasons for granting the waiver.
A copy of the certification shall also be provided to the Director of
the Office of Government Ethics.
"(D) The President may not delegate the authority provided by this
paragraph.
"(E)(i) Each person granted a waiver under this paragraph shall
prepare reports, in accordance with clause (ii), stating whether the
person has engaged in activities otherwise prohibited by this section
for each six-month period described in clause (ii), and if so, what
those activities were.
"(ii) A report under clause (i) shall cover each six-month period
beginning on the date of the termination of the person's Government
employment (with respect to which the waiver under this paragraph was
granted) and ending two years after that date. Such report shall be
filed with the President and the Director of the Office of Government
Ethics not later than 60 days after the end of the six-month period
covered by the report. All reports filed with the Director under this
subparagraph shall be made available for public inspection and copying.
"(iii) If a person fails to file any report in accordance with
clauses (i) and (ii), the President shall revoke the waiver and notify
the person of the revocation. The revocation shall take effect upon the
person's receipt of the notification and shall remain in effect until
the report is filed.
"(iv) Any person who is granted a waiver under this paragraph shall
be ineligible for appointment in the civil service unless all reports
required of such person by clauses (i) and (ii) have been filed.
"(D) As used in this paragraph, the term 'civil service' has the
meaning given that term in section 2101 of title 5, United States
Code.".
(2) Section 207 of title 18, United States Code, is amended by adding
at the end the following:
"(k)(1)(A) The President may grant a waiver of a restriction imposed
by this section to any officer or employee described in paragraph (2) if
the President determines and certifies in writing that it is in the
public interest to grant the waiver and that the services of the officer
or employee are critically needed for the benefit of the Federal
Government. Not more than 25 officers and employees currently employed
by the Federal Government at any one time may have been granted waivers
under this paragraph.
"(B) A waiver granted under this paragraph to any person shall apply
only with respect to activities engaged in by that person after that
person's Federal Government employment is terminated and only to that
person's employment at a Government-owned, contractor operated entity
with which the person served as an officer or employee immediately
before the person's Federal Government employment began.
"(2) Waivers under paragraph (1) may be granted only to civilian
officers and employees of the executive branch, other than officers and
employees in the Executive Office of the President.
"(3) A certification under paragraph (1) shall take effect upon its
publication in the Federal Register and shall identify --
"(A) the officer or employee covered by the waiver by name and
by position, and
"(B) the reasons for granting the waiver.
A copy of the certification shall also be provided to the Director of
the Office of Government Ethics.
"(4) The President may not delegate the authority provided by this
subsection.
"(5)(A) Each person granted a waiver under this subsection shall
prepare reports, in accordance with subparagraph (B), stating whether
the person has engaged in activities otherwise prohibited by this
section for each six-month period described in subparagraph (B), and if
so, what those activities were.
"(B) A report under subparagraph (A) shall cover each six-month
period beginning on the date of the termination of the person's Federal
Government employment (with respect to which the waiver under this
subsection was granted) and ending two years after that date. Such
report shall be filed with the President and the Director of the Office
of Government Ethics not later than 60 days after the end of the
six-month period covered by the report. All reports filed with the
Director under this paragraph shall be made available for public
inspection and copying.
"(C) If a person fails to file any report in accordance with
subparagraphs (A) and (B), the President shall revoke the waiver and
shall notify the person of the revocation. The revocation shall take
effect upon the person's receipt of the notification and shall remain in
effect until the report is filed.
"(D) Any person who is granted a waiver under this subsection shall
be ineligible for appointment in the civil service unless all reports
required of such person by subparagraphs (A) and (B) have been filed.
"(E) As used in this subsection, the term 'civil service' has the
meaning given that term in section 2101 of title 5.".
(e) IMPLEMENTING REGULATIONS. -- Not later than 90 days after the
date of the enactment of this section, regulations implementing the
amendments made by this section to the provisions of section 27 of the
Office of Federal Procurement Policy Act (41 U.S.C. 423) "41 USC 423
note" shall be issued in accordance with sections 6 and 25 of such Act
(41 U.S.C. 405, 421), after coordination with the Director of the Office
of Government Ethics.
SEC. 815. DEFENSE MEMORANDA OF UNDERSTANDING AND RELATED AGREEMENTS
(a) CONSIDERATION OF MATTERS AFFECTING UNITED STATES INDUSTRY. --
Section 2504 of title 10, United States Code, is amended to read as
follows:
"Section 2504. Defense memoranda of understanding and related
agreements
"(a) CONSIDERATIONS IN MAKING AND IMPLEMENTING MOUs AND RELATED
AGREEMENTS. -- In the negotiation, renegotiation, and implementation of
any existing or proposed memorandum of understanding, or any existing or
proposed agreement related to a memorandum of understanding, between the
Secretary of Defense, acting on behalf of the United States, and one or
more foreign countries (or any instrumentality of a foreign country)
relating to research, development, or production of defense equipment,
the Secretary of Defense shall --
"(1) consider the effects of such existing or proposed
memorandum of understanding or related agreement on the defense
industrial base of the United States; and
"(2) regularly solicit and consider comments and
recommendations from the Secretary of Commerce with respect to the
commercial implications of such memorandum of understanding or
related agreement and the potential effects of such memorandum of
understanding or related agreement on the international
competitive position of United States industry.
"(b) INTER-AGENCY REVIEW OF EFFECTS ON UNITED STATES INDUSTRY. --
Whenever the Secretary of Commerce has reason to believe that an
existing or proposed memorandum of understanding or related agreement
has, or threatens to have, a significant adverse effect on the
international competitive position of United States industry, the
Secretary may request an inter-agency review of the memorandum of
understanding or related agreement. If, as a result of the review, the
Secretary determines that the commercial interests of the United States
are not being served or would not be served by adhering to the terms of
such existing memorandum or related agreement or agreeing to such
proposed memorandum or related agreement, as the case may be, the
Secretary shall recommend to the President the renegotiation of the
existing memorandum or related agreement or any modification to the
proposed memorandum of understanding or related agreement that he
considers necessary to ensure an appropriate balance of interests.
"(c) LIMITATION ON ENTERING INTO MOUs AND RELATED AGREEMENTS. -- A
memorandum of understanding or related agreement referred to in
subsection (a) may not be entered into or implemented if the President,
taking into consideration the results of the inter-agency review,
determines that such memorandum of understanding or related agreement
has or is likely to have a significant adverse effect on United States
industry that outweighs the benefits of entering into or implementing
such memorandum or agreement.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 148 of such title is amended by striking out the item relating
to section 2504 and inserting in lieu thereof the following:
"2504. Defense memoranda of understanding and related agreements.".
SEC. 816. OFFSETS IN RECIPROCAL DEFENSE PROCUREMENT AGREEMENTS
Section 825(c) of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2021) "10 USC 2505 note" is amended
--
(1) by transferring the text of paragraph (2) to the end of
paragraph (1) and in that text striking out "the date of the
enactment of this Act" and inserting in lieu thereof "September
29, 1988"; and
(2) by inserting the following after "(2)": "In the
negotiation or renegotiation of any memorandum of understanding
between the United States and one or more foreign countries
relating to the reciprocal procurement of defense equipment and
supplies or research and development, the President shall make
every effort to achieve an agreement with the country or countries
concerned that would limit the adverse effects that offset
arrangements have on the defense industrial base of the United
States.".
SEC. 817. SIMPLIFIED APPROVAL OF CONTRACTS IMPLEMENTING CERTAIN
INTERNATIONAL AGREEMENTS
(a) EXCEPTION. -- Paragraph (2) of section 2304(f) of title 10,
United States Code, is amended --
(1) by striking out "or" at the end of subparagraph (C);
(2) by striking out the period at the end of subparagraph (D)
and inserting in lieu thereof "; or"; and
(3) by adding at the end the following new subparagraph:
"(E) in the case of a procurement permitted by subsection
(c)(4), but only if the head of the contracting activity prepares
a document in connection with such procurement that describes the
terms of an agreement or treaty, or the written directions,
referred to in that subsection that have the effect of requiring
the use of procedures other than competitive procedures and such
document is approved by the competition advocate for the procuring
activity.".
(b) PUBLIC INSPECTION. -- Paragraph (4) of such section is amended
by inserting after "any related information" the following: ", and any
document prepared pursuant to paragraph (2)(E),".
SEC. 818. DELEGATION OF APPROVAL AUTHORITY FOR CERTAIN CONTRACT
ACTIONS
(a) APPROVAL AUTHORITY. -- Section 2304(f) of title 10, United
States Code, is amended in paragraph (1)(B) --
(1) by striking out "or" after the semicolon in clause (ii);
(2) by redesignating clause (iii) as clause (iv) and striking
out "$10,000,000" in such clause and inserting in lieu thereof
"$50,000,000"; and
(3) by inserting after clause (ii) the following new clause
(iii):
"(iii) in the case of a contract for an amount exceeding
$10,000,000 (but equal to or less than $50,000,000), by the senior
procurement executive of the agency designated pursuant to section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)) or the senior procurement executive's delegate designated
pursuant to paragraph (6)(B), or in the case of the Under
Secretary of Defense for Acquisition, acting in his capacity as
the senior procurement executive for the Department of Defense,
the Under Secretary's delegate designated pursuant to paragraph
(6)(C); or".
(b) DELEGATION. -- Such section is amended in paragraph (6) --
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
"(B) The authority of the senior procurement executive under
paragraph (1)(B)(iii) may be delegated only to an officer or employee
within the senior procurement executive's organization who --
"(i) if a member of the armed forces, is a general or flag
officer; or
"(ii) if a civilian, is serving in a position in grade GS-16 or
above (or in a comparable or higher position under any other
schedule for civilian officers or employees).".
(c) CONFORMING AMENDMENTS. -- (1) Clause (iv) of section
2304(f)(1)(B) of such title (as redesignated) is amended by striking out
"paragraph (6)(B)" and inserting in lieu thereof "paragraph (6)(C)".
(2) Subparagraph (C) of section 2304(f)(6) of such title (as
redesignated) is amended by striking out "paragraph (1)(B)(iii)" and
inserting in lieu thereof "paragraph (1)(B)(iv)".
SEC. 819. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM
(a) FUNDING. -- Of the amounts authorized to be appropriated
pursuant to section 301 for Defense Agencies for fiscal years 1990 and
1991 for operation and maintenance, $9,000,000 shall be available for
each of such fiscal years only for the purpose of carrying out
cooperative agreements under chapter 142 of title 10, United States
Code.
(b) SET-ASIDE. -- Of the amounts provided for in subsection (a),
$600,000 shall be available for each of the fiscal years 1990 and 1991
for the purpose of carrying out programs sponsored by eligible entities
named in subparagraph (D) of section 2411(1) of title 10, United States
Code, that provide procurement technical assistance in distressed areas
(as defined in subparagraph (B) of section 2411(2) of such title). If
there is an insufficient number of satisfactory proposals for
cooperative agreements in such distressed areas to allow for effective
use of the funds authorized under this subsection in such areas, the
funds shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such title.
(c) ASSISTANCE FURNISHED TO CERTAIN INDIAN ORGANIZATIONS. -- (1)
Subsection (a) of section 2414 of title 10, United States Code, is
amended by striking out paragraphs (1) and (2) and inserting in lieu
thereof the following:
"(1) in the case of a program operating on a Statewide basis,
other than a program referred to in clause (3) or (4), $300,000;
"(2) in the case of a program operating on less than a
Statewide basis, other than a program referred to in clause (3) or
(4), $150,000;
"(3) in the case of a program operated wholly within one
service area of the Bureau of Indian Affairs by an eligible entity
referred to in section 2411(1)(D) of this title, $150,000; or
"(4) in the case of a program operated wholly within more than
one service area of the Bureau of Indian Affairs by an eligible
entity referred to in section 2411(1)(D) of this title,
$300,000.".
(2) Subsection (b) of such section is amended by inserting "or is
operated wholly within one or more service areas of the Bureau of Indian
Affairs by an eligible entity referred to in section 2411(a)(1)(D) of
this title" after "or on less than a Statewide basis".
SEC. 821. REQUIREMENT FOR CERTIFICATE OF INDEPENDENT PRICE
DETERMINATION IN CERTAIN DEPARTMENT OF DEFENSE CONTRACT SOLICITATIONS
The Secretary of Defense shall propose a revision to the Federal
Acquisition Regulation to provide that the exception contained in part
3.103-1 of the Federal Acquisition Regulation for work performed by
foreign suppliers outside the United States, its possessions, and Puerto
Rico be repealed.
SEC. 822. UNIFORM RULES ON DISSEMINATION OF ACQUISITION INFORMATION
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall prescribe in the Department of Defense
Supplement to the Federal Acquisition Regulation a single, uniform
regulation for the Department of Defense regarding dissemination of, and
access to, acquisition information.
SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT
REQUIREMENT
(a) "41 USC 10b-2" DETERMINATION BY SECRETARY OF DEFENSE. -- (1) If
the Secretary of Defense, after consultation with the United States
Trade Representative, determines that a foreign country which is party
to an agreement described in paragraph (2) has violated the terms of
that agreement by discriminating against certain types of products
produced in the United States that are covered by the agreement, the
Secretary of Defense shall rescind the Secretary's blanket waiver of the
Buy American Act with respect to such types of products produced in that
foreign country.
(2) An agreement referred to in paragraph (1) is any agreement,
including any reciprocal defense procurement memorandum of
understanding, between the United States and a foreign country pursuant
to which the Secretary of Defense has prospectively waived the Buy
American Act for certain products produced in that country.
(b) REPORT TO CONGRESS. -- The Secretary of Defense shall submit to
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal years 1990 and 1991. Such report shall
separately indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection (a)(2),
the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) BUY AMERICAN ACT DEFINED. -- For purposes of this section, the
term "Buy American Act" means title III of the Act entitled "An Act
making appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes", approved
March 3, 1933 (41 U.S.C. 10a et seq.).
SEC. 824. "10 USC 2325 note" ACQUISITION OF COMMERCIAL AND
NONDEVELOPMENTAL ITEMS
(a) IN GENERAL. -- The Secretary of Defense shall --
(1) prescribe regulations as provided in subsection (b); and
(2) conduct an analysis as provided in subsection (c).
(b) REGULATIONS. -- (1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall publish for
public comment new regulations to carry out the requirements in this
subsection and rescind any regulations that are inconsistent with the
requirements of this subsection. The Secretary shall promulgate final
regulations to carry out such requirements not later than 270 days after
the date of the enactment of this Act.
(2) The Secretary of Defense shall develop a simplified uniform
contract for the acquisition of commercial items by the Department of
Defense and shall require that such simplified uniform contract be used
for the acquisition of commercial items to the maximum extent
practicable. The uniform contract shall include only --
(A) those contract clauses that are required to implement
provisions of law applicable to such an acquisition; and
(B) those contract clauses that are appropriate, as determined
by the Secretary of Defense, for a contract for such an
acquisition.
In addition to the clauses described in subparagraphs (A) and (B), a
contract for the acquisition of commercial items may include only such
clauses as are essential for the protection of the Federal Government's
interest in the particular contract, as determined in writing by the
contracting officer for such contract.
(3) The Secretary of Defense shall require that a prime contractor
under a Department of Defense contract for the acquisition of commercial
items be required to include in subcontracts under such contract only --
(A) those contract clauses that are required to implement
provisions of law applicable to such subcontracts; and
(B) those contract clauses that are appropriate, as determined
by the Secretary of Defense, for such a subcontract.
In addition to the clauses described in subparagraphs (A) and (B), a
contractor under a Department of Defense contract for the acquisition of
commercial items may be required to include in a subcontract under such
contract only such clauses as are essential for the protection of the
Federal Government's interest in the particular subcontract, as
determined in writing by the contracting officer for such contract.
(4) The Secretary of Defense shall require the use, in appropriate
circumstances, of a modified inspection clause with streamlined
inspection procedures in each Department of Defense contract for the
acquisition of commercial items awarded to a contractor that (A) has a
proven record of high quality production, and (B) offers an appropriate
warranty to protect the Federal Government's interest in acquiring a
high quality product.
(5) The Secretary of Defense shall require the use, in appropriate
circumstances, of standard commercial warranties in each Department of
Defense contract for the acquisition of commercial items.
(6) The Secretary of Defense shall revise the regulations governing
the applicability of the exemption contained in section 2306a(b)(1)(B)
of title 10, United States Code, consistent with the public interest.
In revising such regulations, the Secretary (A) shall address the
standards for applying such exemption to contracts and subcontracts for
items which are modifications to commercial items, components of
commercial items, spare parts for commercial items, new commercial
items, or commercial items which are no longer sold to the public, and
(B) shall ensure that cost or pricing data are not required in
connection with contracts and subcontracts qualifying for an exemption
under the regulations as revised under this paragraph.
(c) ANALYSIS. -- (1) The Secretary of Defense shall conduct an
analysis of impediments to the acquisition of nondevelopmental items by
the Department of Defense. In conducting the analysis, the Secretary
shall consider, at a minimum, the following:
(A) Whether to expand the regulations governing the acquisition
and distribution of commercial products to address the procurement
of nondevelopmental items.
(B) Whether revisions to the regulations governing
specifications, standards, and other purchase descriptions are
necessary to implement the statutory requirement that product
specifications be stated in terms of functions to be performed,
performance required, or essential physical characteristics, and
to minimize the use of specifications unique to the Department of
Defense.
(C) Whether to establish a presumption that the Department of
Defense should not request technical data on commercial items.
(D) Whether the Secretary of Defense should make greater use of
the authority granted the Secretary in law to exempt defense
contracts for commercial items from the application of various
requirements.
(2) Not later than 270 days after the date of the enactment of this
Act, the Secretary shall develop and submit to the Committees on Armed
Services of the Senate and House of Representatives a plan of action for
addressing any impediments identified in the analysis required by
paragraph (1). The plan shall include a specific schedule for the
following:
(A) Rescission of any regulations that are identified as
impediments to the acquisition of nondevelopmental items.
(B) Publication for public comment of new regulations to carry
out the plan.
(C) Submission to Congress of proposals for such legislative
changes as may be needed to carry out the plan.
(d) TRAINING. -- (1) The Secretary of Defense shall establish a
program for training contracting officers, program managers, and other
appropriate acquisition personnel in the acquisition of nondevelopmental
items.
(2) The training program shall provide, at a minimum, for the
following:
(A) Training in the requirements of the regulations promulgated
pursuant to this section, the requirements of section 2325 of
title 10, United States Code, and regulations prescribed pursuant
to that section.
(B) Training of contracting officers in the fundamental
principles of price analysis and other alternative means of
determining price reasonableness.
(C) Training of appropriate acquisition personnel in market
research techniques and in the drafting of functional and
performance specifications.
(e) DEMONSTRATION PROGRAM FOR ITEMS ISSUED TO MEMBERS. -- (1) The
Secretary of Defense shall carry out a demonstration program in
accordance with this subsection with respect to the procurement of
individual items of clothing issued to members of the Armed Forces.
Under the demonstration program, the Secretary shall --
(A) identify those items of clothing that are the same as, or
similar to, clothing items produced by commercial sources for sale
to consumers other than the Armed Forces; and
(B) designate for acquisition in accordance with this
subsection certain of such items (hereinafter in this subsection
referred to as "demonstration items") as the Secretary considers
appropriate for acquisition under the demonstration program.
(2) With respect to a portion (determined by the Secretary) of the
contracts for demonstration items entered into by the Department of
Defense, the Secretary shall --
(A) include in the solicitations for such items a specification
reflecting design and functional requirements that are comparable
to those used in the award of commercial contracts;
(B) require each offeror to submit a sample article of the
item;
(C) provide in the evaluation criteria included in the
solicitation that award of the contract will be made to the
proposal which is most advantageous to the United States,
considering only cost or price and other factors included in the
solicitation;
(D) evaluate competitive proposals, either with or without
discussions, and the sample article received in response to a
solicitation for such items and award a contract in accordance
with the evaluation criteria included in the solicitation; and
(E) require each contractor awarded a contract for such items
to produce items identical in all major characteristics (including
quality) to the sample article submitted with the contractor's bid
or proposal.
(3) The demonstration program required under this subsection shall
apply with respect to solicitations for demonstration items covered by
the program issued after the end of the 180-day period beginning on the
date of the enactment of this Act and before October 1, 1993.
SEC. 825. STUDY AND REPORT ON DEFENSE EXPORT FINANCING
(a) STUDY. -- The President shall conduct a study of export
financing of defense articles. In the course of the study, the
President shall --
(1) examine the effect of export financing on the ability of
United States industry to compete in the international market for
defense products;
(2) determine the extent to which other countries support
commercial financing for defense exports through official
government credit programs;
(3) determine the extent to which United States private capital
is used to support defense exports and the obstacles that United
States lending institutions face in providing additional support;
and
(4) determine the feasibility and desirability of using
existing or new Government export guarantee programs to provide
greater private capital support for United States defense exports.
(b) REPORT. -- Not later than 120 days after the date of enactment
of this Act, the President shall submit to Congress a report on the
findings of the study under subsection (a).
SEC. 831. PROVISIONS RELATING TO SMALL DISADVANTAGED BUSINESSES
(a) EXTENSION OF CONTRACT GOAL. -- Section 1207 of the National
Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) is
amended by striking out "and 1990" in subsections (a) and (h) and
inserting in lieu thereof "1990, 1991, 1992, and 1993".
(b) PRICE DIFFERENTIAL. -- Subsection (e) of such section is amended
by adding at the end of paragraph (3) the following sentence: "The
Secretary shall adjust the percentage specified in the preceding
sentence for any industry category if available information clearly
indicates that nondisadvantaged small business concerns in such industry
category are generally being denied a reasonable opportunity to compete
for contracts because of the use of that percentage in the application
of this paragraph.".
(c) REPORT DEADLINE. -- Subsection (g) of such section is amended --
(1) by striking out "Between May 1 and May 30" in paragraph (1)
and inserting in lieu thereof "Not later than July 15"; and
(2) by striking out "Between October 1 and October 10" in
paragraph (2) and inserting in lieu thereof "Not later than
December 15".
SEC. 832. "10 USC 2301 note" CREDIT FOR INDIAN CONTRACTING IN
MEETING CERTAIN MINORITY SUBCONTRACTING GOALS
(a) REGULATIONS. -- Subject to subsections (b) and (c), in any case
in which a subcontracting goal is specified in a Department of Defense
contract in the implementation of section 1207 of the National Defense
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) and section
8(d) of the Small Business Act (15 U.S.C. 637(d)), credit toward meeting
that subcontracting goal shall be given for --
(1) work performed in connection with that Department of
Defense contract, and work performed in connection with any
subcontract awarded under that Department of Defense contract, if
such work is performed on any Indian lands and meets the
requirements of paragraph (1) of subsection (b); or
(2) work performed in connection with that Department of
Defense contract, and work performed in connection with any
subcontract awarded under that Department of Defense contract, if
the performance of such contract or subcontract is undertaken as a
joint venture that meets the requirements of paragraph (2) of that
subsection.
(b) ELIGIBLE WORK. -- (1) Work performed on Indian lands meets the
requirements of this paragraph if --
(A) not less than 40 percent of the workers directly engaged in
the performance of the work are Indians; or
(B) the contractor or subcontractor has an agreement with the
tribal government having jurisdiction over such Indian lands that
provides goals for training and development of the Indian
workforce and Indian management.
(2) A joint venture undertaking to perform a contract or subcontract
meets the requirements of this paragraph if --
(A) an Indian tribe or tribally owned corporation owns at least
50 percent of the joint venture;
(B) the activities of the joint venture under the contract or
subcontract provide employment opportunities for Indians either
directly or through the purchase of products or services for the
performance of such contract or subcontract; and
(C) the Indian tribe or tribally owned corporation manages the
performance of such contract or subcontract.
(c) EXTENT OF CREDIT. -- The amount of the credit given toward the
attainment of any subcontracting goal under subsection (a) shall be --
(1) in the case of work performed as described in subsection
(a)(1), the value of the work performed; and
(2) in the case of a contract or subcontract undertaken to be
performed by a joint venture as described in subsection (a)(2), an
amount equal to the amount of the contract or subcontract
multiplied by the percentage of the tribe's or tribally owned
corporation's ownership interest in the joint venture.
(d) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations for the implementation of this section.
(e) DEFINITIONS. -- In this section:
(1) The term "Indian lands" has the meaning given that term by
section 4(4) of the Indian Gaming Regulatory Act (102 Stat. 2468;
25 U.S.C. 2703(4)).
(2) The term "Indian" has the meaning given that term by
section 4(d) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(d)).
(3) The term "Indian tribe" has the meaning given that term by
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
(4) The term "tribally owned corporation" means a corporation
owned entirely by an Indian tribe.
SEC. 833. "15 USC 636 note" TEST PROGRAM FOR USE OF BOND WAIVER
AUTHORITY UNDER SMALL BUSINESS ACT TO ASSIST CERTAIN SMALL DISADVANTAGED
BUSINESS CONCERNS
The Secretary of Defense and the Small Business Administration shall
establish a program for fiscal years 1990 and 1991 to test the use of
the authority provided by section 7(j)(13)(D) of the Small Business Act
(15 U.S.C. 636(j)(13)(D)). Under the test program, the Secretary of
Defense shall make every reasonable effort during each such fiscal year
to award not less than 30 contracts for construction projects (including
repair and alteration of existing facilities) to participants in the
Minority Small Business and Capital Ownership Development Program of the
Small Business Administration who have been granted surety bond
exemptions under the authority provided by section 7(j)(13)(D) of such
Act.
SEC. 834. "15 USC 637 note" TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS
(a) TEST PROGRAM. -- (1) The Secretary of Defense shall establish a
test program under which one contracting activity in each military
department and Defense Agency is authorized to undertake one or more
demonstration projects to determine whether the negotiation and
administration of comprehensive small business subcontracting plans will
result in an increase in opportunities provided for small business
concerns under Department of Defense contracts.
(2) In developing the test program, the Secretary of Defense shall --
(A) consult with the Administrator of the Small Business
Administration; and
(B) provide an opportunity for public comment on the test
program.
(b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN. -- (1) In a
demonstration project under the test program, the Secretary of a
military department or head of a Defense Agency shall negotiate,
monitor, and enforce compliance with a comprehensive subcontracting plan
with a Department of Defense contractor described in paragraph (3).
(2) The comprehensive subcontracting plan --
(A) shall provide for small business concerns to participate as
subcontractors in the contracts awarded by the Secretary or agency
head to the contractor (or any division or operating element of
the contractor) to which the subcontracting plan applies; and
(B) shall apply to the entire business organization of the
contractor or to one or more of the contractor's divisions or
operating elements, as specified in the subcontracting plan.
(3) A Department of Defense contractor referred to in paragraph (1)
is, with respect to a comprehensive subcontracting plan, a business
concern that, during the fiscal year ending on September 30, 1989 --
(A) pursuant to at least five Department of Defense contracts,
furnished supplies or services (including professional services)
to the Department of Defense, engaged in research and development
for the Department, or performed construction for the Department;
and
(B) was paid $25,000,000 or more for such contract activities.
(c) WAIVER OF CERTAIN SMALL BUSINESS ACT SUBCONTRACTING PLAN
REQUIREMENTS. -- A Department of Defense contractor is not required to
negotiate or submit a subcontracting plan under paragraph (4) or (5) of
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) with respect
to a Department of Defense contract if --
(1) the contractor has negotiated a comprehensive
subcontracting plan under the test program that includes the
matters specified in section 8(d)(6) of the Small Business Act (15
U.S.C. 637(d)(6));
(2) such matters have been determined acceptable by the
Secretary of the military department or head of a Defense Agency
negotiating such comprehensive subcontracting plan; and
(3) the comprehensive subcontracting plan applies to the
contract.
(d) FAILURE TO MAKE A GOOD FAITH EFFORT TO COMPLY WITH A COMPANY-WIDE
SUBCONTRACTING PLAN. -- A contractor that has negotiated a
comprehensive subcontracting plan under the test program shall be
subject to section 8(d)(4)(F) of the Small Business Act (15 U.S.C.
637(d)(4)(F)) regarding the assessment of liquidated damages for failure
to make a good faith effort to comply with its company-wide plan and the
goals specified in that plan.
(e) TEST PROGRAM PERIOD. -- The test program authorized by
subsection (a) shall begin on October 1, 1990, unless Congress adopts a
resolution disapproving the test program. The test program shall
terminate on September 30, 1993.
(f) REPORT. -- (1) Not later than March 1, 1994, the Secretary of
Defense shall submit a report on the results of the test program to the
Committees on Armed Services and on Small Business of the Senate and the
House of Representatives.
(2) Before submitting such report to the committees referred to in
paragraph (1), the Secretary shall transmit the proposed report to the
Administrator of the Small Business Administration. The report
submitted to the committees shall include any comments and
recommendations relating to the report that are transmitted to the
Secretary by the Administrator before the date specified in such
paragraph.
(g) DEFINITIONS. -- As used in this section:
(1) The term "small business concern" shall have the same
meaning as is provided in section 8(d)(3)(C) of the Small Business
Act (15 U.S.C. 637(d)(3)(C)), and includes a small business
concern owned and controlled by socially and economically
disadvantaged individuals.
(2) The term "small business concern owned and controlled by
socially and economically disadvantaged individuals" shall have
the same meaning as is provided in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
SEC. 841. CRITICAL TECHNOLOGIES PLANNING
(a) NATIONAL CRITICAL TECHNOLOGIES PANEL. -- (1) The National
Science and Technology Policy, Organization, and Priorities Act of 1976
(42 U.S.C. 6601 et seq.) is amended by adding at the end the following
new title:
"SEC. 601. "42 USC 6681" The Director of the Office of Science and
Technology Policy shall establish within that office a National Critical
Technologies Panel (hereinafter in this title referred to as the
'panel'). The panel shall prepare the biennial national critical
technologies report required by section 603.
"SEC. 602. (a) "42 USC 6682" The panel shall consist of 13 members
appointed from among persons who are experts in science and engineering
as follows:
"(1) The Director of the Office of Science and Technology
Policy shall appoint nine members, of whom --
"(A) three shall be Federal Government officials; and
"(B) six shall be appointed from persons in private industry
and higher education.
"(2) The Secretary of Defense shall appoint one member, who
shall be an official of the Department of Defense.
"(3) The Secretary of Energy shall appoint one member, who
shall be an official of the Department of Energy.
"(4) The Secretary of Commerce shall appoint one member, who
shall be an official of the Department of Commerce.
"(5) The Administrator of the National Aeronautics and Space
Administration shall appoint one member, who shall be an official
of that agency.
"(b)(1) Members appointed under subsection (a)(1)(B) shall serve for
a term of two years.
"(2) Any vacancy in the membership of the panel shall be filled in
the same manner as the original appointment.
"(c) The Director shall designate one of the members appointed under
subsection (a)(1)(A) as chairman of the panel.
"SEC. 603. (a) "42 USC 6683" The panel shall submit to the President
a biennial report on national critical technologies. Each such report
shall identify those product technologies and process technologies that
the panel considers to be national critical technologies. The number of
the such technologies identified in any such report may not exceed 30.
The reports shall be submitted not later than October 1 of even-numbered
years.
"(b) For purposes of subsection (a), a product or process technology
may be considered to be a national critical technology if the panel
determines it to be a technology that it is essential for the United
States to develop to further the long-term national security and
economic prosperity of the United States.
"(c) Each such report shall include, with respect to each technology
identified in the report, the following information:
"(1) The reasons for the panel's selection of that technology.
"(2) The state of the development of that technology in the
United States and in other countries.
"(3) An estimate of the current and anticipated level of
research and development effort in the United States, including
anticipated milestones for specific accomplishments, by --
"(A) the Federal Government;
"(B) State and local governments;
"(C) private industry; and
"(D) colleges and universities.
"(d) Not later than 30 days after the date on which a report is
submitted to the President under this section, the President shall
transmit the report, together with any comments that the President
considers appropriate, to Congress.
"SEC. 604. "42 USC 6684" The Director of the Office of Science and
Technology Policy shall provide administrative support for the panel.
Funds for necessary expenses of the panel shall be provided for fiscal
years after fiscal year 1990 from funds appropriated for that Office.
"SEC. 605. "42 USC 6685" The provisions of this title shall cease to
be effective on December 31, 2000, and the panel shall terminate on that
date.".
(2) "42 USC 6684 note" The Secretary of Defense shall reimburse the
Director of the Office of Science and Technology Policy for the
reasonable expenses, not to exceed $500,000, incurred by the National
Critical Technologies Panel during fiscal year 1990.
(b) ANNUAL DEFENSE CRITICAL TECHNOLOGIES PLAN. -- (1) Chapter 148 of
title 10, United States Code, is amended by adding at the end the
following new section:
"Section 2508. Annual defense critical technologies plan
"(a) ANNUAL PLAN. -- (1) The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives an annual plan for developing the technologies
considered by the Secretary of Defense and the Secretary of Energy to be
the technologies most critical to ensuring the long-term qualitative
superiority of United States weapon systems. The number of such
technologies identified in any plan may not exceed 20. Each such plan
shall be developed in consultation with the Secretary of Energy.
"(2) In selecting the technologies to be included in the plan for any
year, the Secretary of Defense and the Secretary of Energy shall
consider both product technologies and process technologies, including
the technologies identified in the most recent biennial report submitted
to the President by the National Critical Technologies Panel under title
VI of the National Science and Technology Policy, Organization, and
Priorities Act of 1976.
"(3) Each such plan shall cover the 15 fiscal years following the
year in which the plan is submitted.
"(4) Such plan shall be submitted not later than March 15 of each
year and shall be submitted in both classified and unclassified form.
"(b) PRIORITIES AND FUNDING. -- Each plan submitted under subsection
(a) shall --
"(1) designate priorities for development of the technologies
identified in the plan; and
"(2) specify the funding requirements of the Department of
Defense, the Department of Energy, and other appropriate
departments and agencies of the Federal Government for the
development of the technologies identified in the plan for the
five fiscal years following the year in which the plan is
submitted.
"(c) CONTENT OF PLAN. -- Each plan submitted under subsection (a)
shall include, with respect to each technology identified in the plan,
the following:
"(1) The reasons for the selection of that technology,
including --
"(A) a discussion of the consideration given to the most recent
biennial report submitted to the President under title VI of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976; and
"(B) the relationship of the technology to the overall science
and technology program of the Department of Defense and the
long-term funding strategy associated with that program.
"(2) A designation of the lead organization within the
Department of Defense or the Department of Energy responsible for
the development of the technology.
"(3) A summary description of the lead organization's plan for
the development of the technology, including the milestone goals.
"(4) The amounts contained in the budgets of the Department of
Defense, the Department of Energy, and other departments and
agencies for the support of the development of such technology for
--
"(A) the five preceding fiscal years; and
"(B) the fiscal year beginning in the year in which the plan is
submitted; and
"(C) each fiscal year thereafter for which the Secretary of
Defense, with respect to the Department of Defense, and the
Secretary of Energy, with respect to the Department of Energy, has
prepared a budget.
"(5) A comparison of the positions of the United States and the
Soviet Union in the development of that technology.
"(6) The potential contributions that the allies of the United
States and other industrialized nations can make to meet the needs
of the United States and its allies for that technology.
"(7) A comparison of the extent to which the United States has
access to research conducted on such technology in allied nations
and other industrialized nations with the extent to which such
nations have access to research conducted in the United States on
such technology and a discussion of the effects of any imbalance
in such access on development of that technology.
"(8) With respect to the development of such technology --
"(A) a comparison of the relative positions of the United
States and other industrialized countries that are prominent in
the development of such technology;
"(B) the trends in the relevant industrial bases of such
countries;
"(C) the competitiveness of the United States industrial base
supporting research in, and the development and use of, such
technology;
"(D) the extent to which the United States should depend on
other countries for the development of such technology; and
"(E) the extent to which action should be taken by the Federal
Government to maintain and improve --
"(i) research efforts in the United States; and
"(ii) the industrial base supporting such efforts.
"(9) The potential contributions that the private sector can be
expected to make from its own resources in connection with the
development of civilian applications for such technology.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2508. Annual defense critical technologies plan.".
(c) AGREEMENTS FOR STUDIES. -- (1) Section 2368 of title 10, United
States Code, is amended to read as follows:
"Section 2368. Critical technologies research
"(a) AGREEMENTS. -- The Secretary of Defense may enter into
agreements with the National Academy of Sciences, the National Academy
of Engineering, and the National Institute of Medicine for the conduct
of studies in fields of research and development essential to the
development of the technologies identified in the most recent biennial
report submitted to the President by the National Critical Technologies
Panel under section 603 of the National Science and Technology Policy,
Organization, and Priorities Act of 1976.
"(b) CONSULTATION WITH DIRECTOR OF OSTP. -- An agreement under
subsection (a) may be entered into only after consultation with the
Director of the Office of Science and Technology Policy.
"(c) FUNDING LIMITATION. -- The Secretary may not obligate more than
$500,000 for agreements under subsection (a) in any fiscal year.".
(2) The item relating to that section 2368 in the table of sections
at the beginning of chapter 139 of such title is amended to read as
follows:
"2368. Critical technologies research.".
SEC. 842. DEFENSE INDUSTRIAL INFORMATION AND CRITICAL INDUSTRIES
PLANNING
(a) EXPANDED FUNCTIONS OF THE DEFENSE INDUSTRIAL BASE OFFICE. --
Section 2503 of title 10, United States Code, is amended --
(1) by striking out "at a minimum -- " in the matter preceding
paragraph (1) and inserting in lieu thereof "at a minimum, do the
following:";
(2) by amending the first word of each of paragraphs (1)
through (4) so that the initial letter of such word is uppercase;
(3) by striking out the semicolon at the end of each of
paragraphs (1) and (2) and inserting in lieu thereof a period;
(4) by striking out "; and" at the end of paragraph (3) and
inserting in lieu thereof a period; and
(5) by adding at the end the following new paragraph:
"(5) Establish and implement a consolidated analysis program
(A) to assess and monitor worldwide capabilities in technologies
critical to the national security of the United States, and (B) to
monitor defense-related manufacturing capabilities of the United
States.".
(b) CRITICAL INDUSTRIES PLANNING. -- Section 2503 of title 10,
United States Code, as amended by subsection (a), is further amended by
adding at the end the following new paragraph:
"(6) Identify the industries most critical for national
security applications of the technologies identified in the most
recent annual defense critical technologies plan submitted under
section 2508 of this title.".
(c) REPORT ON DEFENSE INDUSTRIAL BASE. -- (1) The Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition,
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on the actions taken under section 2503 of
title 10, United States Code, for the improvement of the defense
industrial base of the United States.
(2) The report shall include Under Secretary's analysis of the
condition of the defense industrial base of the United States,
particularly with respect to the financial ability of United States
businesses --
(A) to conduct research and development activities relating to
critical defense technologies, including the critical technologies
identified in the first annual defense critical technologies plan
submitted pursuant to section 2508 of title 10, United States
Code, as added by section 841(b) of this Act;
(B) to apply those technologies to the production of goods and
the furnishing of services; and
(C) to engage in any other activities determined by the
Secretary of Defense to be critical to the national security.
(3) In preparing the analysis required in paragraph (2), the
Secretary, acting through the Under Secretary of Defense for
Acquisition, shall consider --
(A) trends in the profitability, levels of capital investment,
spending on research and development, and debt burden of
businesses involved in research on, development of, and
application of critical defense technologies;
(B) the consequences of mergers, acquisitions, and takeovers of
such businesses;
(C) the results of current Department of Defense spending for
critical defense technologies; and
(D) the likely future level of Department of Defense spending
for such technologies during the four fiscal years following
fiscal year 1990 and the likely results of that level of spending.
(4) The report under this subsection shall be submitted not later
than March 15, 1990.
SEC. 843. SCIENTIFIC AND TECHNICAL EDUCATION
(a) FINDINGS. -- Congress makes the following findings:
(1) The possession and maintenance of technologically superior
systems in the Department of Defense is a critical part of the
national defense strategy of the United States.
(2) Defense programs use a significant portion of the entire
science and technology workforce of the United States.
(3) The science and technology workforce of the United States
has been declining in recent years and that decline threatens the
supply of qualified engineers and scientists for the Department of
Defense in the future.
(b) SENSE OF CONGRESS. -- In light of the findings in subsection
(a), it is the sense of Congress that the Secretary of Defense should
take such actions as may be necessary and appropriate to promote and
encourage, at precollege through post-doctoral levels, an increase in
the number of citizens and nationals of the United States who pursue
courses of study in science, engineering, and other technical
disciplines.
(c) REPORT. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives,
by February 1, 1990, a report on current, expanded, and proposed new
programs of the Department of Defense and, as appropriate, proposed
interagency programs to preserve and perpetuate an effective scientific
and engineering workforce for the United States for the future. The
Secretary, in coordination with the Director of the Office of Science
and Technology Policy, shall include in the report an evaluation of the
following concepts:
(1) Summer internships at Department of Defense laboratories
for precollege teachers of sciences, engineering, or other
technical disciplines.
(2) An award program for exceptional precollege teachers in
sciences, engineering, or other technical disciplines.
(3) A scholarship program for undergraduates in scientific or
technical education who plan to teach those disciplines at the
precollege level.
(4) Expanding the Barry Goldwater Scholarship and Excellence in
Education Program or any other such program that the Secretary and
the Director mutually agree would promote increases in scientific
and engineering careers.
(d) NATIONAL DEFENSE SCIENCE AND ENGINEERING GRADUATE FELLOWSHIPS.
-- (1) Part III of subtitle A of title 10, United States Code, is
amended by adding at the end the following new chapter:
"Sec.
"2191. Graduate fellowships.
"Section 2191. Graduate fellowships
"(a) The Secretary of Defense shall prescribe regulations providing
for the award of fellowships to citizens and nationals of the United
States who agree to pursue graduate degrees in science, engineering, or
other fields of study designated by the Secretary to be of priority
interest to the Department of Defense.
"(b) A fellowship awarded pursuant to regulations prescribed under
subsection (a) shall be known as a 'National Defense Science and
Engineering Graduate Fellowship'.
"(c) National Defense Science and Engineering Graduate Fellowships
shall be awarded solely on the basis of academic ability. The Secretary
shall take all appropriate actions to encourage applications for such
fellowships of persons who are members of groups (including minority
groups, women, and disabled persons) which historically have been
underrepresented in science and technology fields. Recipients shall be
selected on the basis of a nationwide competition. The award of a
fellowship under this section may not be predicated on the geographic
region in which the recipient lives or the geographic region in which
the recipient will pursue an advanced degree.
"(d) The regulations prescribed under this section shall include --
"(1) the criteria for award of fellowships;
"(2) the procedures for selecting recipients;
"(3) the basis for determining the amount of a fellowship; and
"(4) the maximum amount that may be awarded to an individual
during an academic year.".
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part III of subtitle A, of such title are each amended by
inserting after the item relating to chapter 110 the following new item:
"111. National Defense Science and Engineering Graduate Fellowships
. . . . . . 2191".
(e) FUNDING. -- Of the amounts authorized to be appropriated
pursuant to section 201, $10,500,000 of the amount appropriated for
fiscal year 1990 and $11,000,000 of the amount authorized to be
appropriated for fiscal year 1991 shall be available for National
Defense Science and Engineering Graduate Fellowships provided for under
chapter 111 of title 10, United States Code (as added by subsection
(c)).
SEC. 851. "19 USC 2242 note" AUTHORITY TO CONTRACT WITH UNIVERSITY
PRESSES FOR PRINTING, PUBLISHING, AND SALE OF HISTORY OF THE OFFICE OF
THE SECRETARY OF DEFENSE
The Government Printing Office, on behalf of the Secretary of
Defense, shall contract for services for the printing, publishing, and
sale of volumes III and IV of the publication entitled "History of the
Office of the Secretary of Defense" using procurement procedures that
exclude sources other than university presses.
SEC. 852. PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND
EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
(a) SENSE OF CONGRESS. -- It is the sense of Congress that it should
be a very important consideration in the procurement of property,
services, or technology by the Department of Defense whether such
procurement is from any person of any country which has been identified
by the United States Trade Representative, on the advice of the
Commissioner of Patents and Trademarks in the Department of Commerce and
the Register of Copyrights, pursuant to section 182(a)(2) of the Trade
Act of 1974 (19 U.S.C. 2242) as denying adequate and effective
protection of intellectual property rights or fair and equitable market
access to United States persons that rely upon intellectual property
protection.
(b) REPORT. -- (1) If the Secretary of Defense takes any action,
upon the direction of the United States Trade Representative (in
consultation with the Commissioner of Patents and Trademarks and the
Register of Copyrights), with respect to the procurement of property,
services, or technology by the Department of Defense on the basis of the
consideration set forth in subsection (a), the Secretary shall submit
promptly to the committees described in paragraph (2) a report
describing the nature of such action and the reasons for such action.
(2) The committees to which the report required by paragraph (1)
shall be submitted are the Committees on Armed Services, on Finance, and
on the Judiciary of the Senate and the Committees on Armed Services, on
Ways and Means, and on the Judiciary of the House of Representatives.
SEC. 853. ACQUISITION LAWS TECHNICAL AMENDMENTS
(a) REPEAL OF DUPLICATE PROVISION; RESTORATION OF INADVERTENTLY
STRICKEN PROVISION. -- (1) Section 2324 of title 10, United States
Code, is amended --
(A) by striking out "(l)(1)" and all that follows through "In
subsection (k):" and inserting in lieu thereof "(6) In this
subsection:";
(B) by redesignating subsection (l) as subsection (m); and
(C) by inserting after subsection (k) the text of subsection
(k) of such section as in effect on the day before the date of the
enactment of the Major Fraud Act of 1988 (Public Law 100-700; 102
Stat. 4631 et seq.), with such text designated as subsection (1).
(2) Section 833(c) of Public Law 100-456 "10 USC 2324 note" (102
Stat. 2024) is amended by striking out "section 2324(k)" and inserting
in lieu thereof "section 2324(m)".
(3) The amendments "10 USC 2324 note" made by this subsection shall
take effect as of November 19, 1988.
(b) REFERENCES TO FAR. -- (1) Section 2302 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
"(6) The term 'Federal Acquisition Regulation' means the
Federal Acquisition Regulation issued pursuant to section 25(c)(1)
of the Office of Federal Procurement Policy Act (41 U.S.C.
421(c)(1)).".
(2) Section 2320(a) of such title is amended by striking out
paragraph (4).
(3) Clause (i) of section 2324(k)(5)(B) of such title is amended by
striking out "the single" and all that follows through the period and
inserting in lieu thereof "the Federal Acquisition Regulation.".
(c) PROCUREMENT MANAGEMENT PERSONNEL CLARIFICATIONS. -- (1)
Paragraph (2) of section 1621 of title 10, United States Code, is
amended to read as follows:
"(2) The term 'procurement command' means any of the following:
"(A) The Army Materiel Command, the Army Information Systems
Command, and the Army Strategic Defense Command.
"(B) Any Navy weapons systems command, the Navy Strategic
Systems Program Office, and the Marine Corps Research, Development
and Acquisition Command.
"(C) The Air Force Systems Command and the Air Force Logistics
Command.
"(D) Any successor organization to any command or office named
in subparagraphs (A) through (C).".
(2) Section 1622(b)(2) of such title is amended --
(A) by striking out "acquisition, support, and maintenance of
weapon systems," and inserting in lieu thereof "acquisition of
weapon systems or related items of supply,"; and
(B) by inserting before the period the following: "or to a
staff of a service acquisition executive, program executive
officer, or program manager of a military department".
(3) Section 1623 of such title is amended --
(A) in subsection (a), by inserting "or on the staff of a
service acquisition executive, program executive officer, or
program manager of a military department" before the period at the
end of the first sentence; and
(B) in subsection (b), by striking out "procurement command,"
and inserting in lieu thereof "procurement command or on the staff
of a service acquisition executive, program executive officer, or
program manager of a military department,".
(4) The amendments made by this subsection "10 USC 1621 note" shall
take effect as of July 1, 1989.
(d) CORRECTION OF REFERENCE. -- Section 2304(b)(2) of title 10,
United States Code, is amended --
(1) by striking out "An executive agency" and inserting in lieu
thereof "The head of an agency";
(2) by inserting "concerns" before "other than"; and
(3) by inserting before the period the following: "and
concerns other than small business concerns, historically Black
colleges and universities, and minority institutions in
furtherance of section 1207 of the National Defense Authorization
Act for Fiscal Year 1987 (10 U.S.C. 2301 note)".
(e) CROSS-REFERENCE CORRECTION. -- Section 2411(1)(D) of title 10,
United States Code, is amended --
(1) by striking out "section 4(c)" and inserting in lieu
thereof "section 4(l)"; and
(2) by striking out "450(c)" and inserting in lieu thereof
"450b(l)".
(f) CORRECTION OF INCONSISTENCY. -- Section 2305(b)(4)(D) of title
10, United States Code, is amended by inserting "cost or" after
"considering only".
SEC. 901. FRAMEWORK FOR DETERMINING CONVENTIONAL FORCE REQUIREMENTS
IN A CHANGING THREAT ENVIRONMENT
(a) EVALUATION OF EFFECT OF WARSAW PACT REDUCTIONS AND OF POSSIBLE
CFE AGREEMENT. -- The Secretary of Defense shall submit to the
congressional defense committees a report providing the Secretary's
evaluation of the effect upon requirements of the United States for
conventional forces and for military spending that could be anticipated
under the following assumptions:
(1) The full implementation of the unilateral force reductions
in, and subsequent reorganization of, forces of the Soviet Union
described by the President of the Soviet Union on December 7,
1988, and the unilateral force reductions subsequently announced
by the other members of the Warsaw Pact.
(2) Entry into force of a conventional arms control agreement
establishing rough parity in conventional forces in Europe between
forces of the North Atlantic Treaty Organization and the Warsaw
Pact at equal levels (at approximately 85 to 90 percent of NATO's
current inventory) of tanks, artillery, armored troop carriers,
combat helicopters, and land-based combat aircraft.
(b) MATTERS TO BE INCLUDED IN EVALUATION. -- In carrying out the
evaluation required by subsection (a) of the unilateral force reductions
referred to in paragraph (1) of that subsection and the potential effect
of an agreement referred to in paragraph (2) of that subsection, the
Secretary shall include in the evaluation (at a minimum) the following
(stated for both the near-term and mid-term):
(1) An assessment of the threat to NATO under the assumptions
specified in each of paragraphs (1) and (2) of subsection (a).
(2) The effect on the defense strategy of the United States for
meeting its NATO commitments in the changing threat environment,
including the effect on the ability of NATO to defend against an
attack by the Warsaw Pact (A) on short warning, or (B) during a
crisis in Europe.
(3) The effect on --
(A) the mix of active and reserve forces of the United States;
(B) the ratio of (i) conventional forces of the United States
deployed in the European theater, to (ii) conventional forces of
the United States deployed in the continental United States; and
(C) air and sea lift requirements.
(3) The effect on operational military concepts of the United
States and NATO (such as Follow-on Forces Attack (FOFA), AirLand
Battle, Maritime Strategy, and Rapid Reinforcement) that were
initially developed to counter the large advantage of the Warsaw
Pact in conventional land forces in the European theater.
(4) The effect on equipment requirements of the United States
for meeting its commitments to NATO in the 1990s.
(c) TIME FOR SUBMISSION. -- The report required by subsection (a)
shall be submitted concurrently with the submission to Congress of the
President's budget for fiscal year 1991 pursuant to section 1105 of
title 31, United States Code. The report shall be submitted in both
classified and unclassified form.
SEC. 902. IMPLICATIONS OF MUTUAL REDUCTIONS IN CONVENTIONAL FORCES
IN EUROPE BY NATO AND WARSAW PACT MEMBER NATIONS
(a) COMMENDATION OF PRESIDENT'S CONVENTIONAL ARMS REDUCTION
INITIATIVE. -- Congress commends and supports the President's
conventional arms control initiative announced in Brussels on May 29,
1989, in which the President proposed, and the North Atlantic Treaty
Organization (NATO) agreed, that NATO expand its negotiating position at
the negotiations on reductions in conventional forces in Europe (begun
in Vienna on March 9, 1989, and known as the "CFE Talks") to include --
(1) substantial reductions by each side to equal ceilings of
helicopters and combat aircraft; and
(2) a reduction to a common ceiling of United States military
personnel stationed in Western Europe and Soviet military
personnel stationed in Eastern Europe.
(b) PRESIDENTIAL REPORT. -- (1) Not later than six months after the
date of the enactment of this Act, the President shall submit to
Congress an unclassified report, with classified annexes as necessary,
on the foreign policy and military implications to NATO and to the
Warsaw Pact of significant reductions of conventional forces by NATO and
Warsaw Pact countries to a ceiling which is the same for both sides.
(2) The report shall address possible force reduction scenarios for a
second round of CFE negotiations and shall be based upon two different
assumptions with regard to the level of reductions in personnel and
equipment to be made. Under the first assumption, personnel and
equipment would be reduced to a level 25 percent below current NATO
levels. Under the second assumption, personnel and equipment would be
reduced to a level 50 percent below current NATO levels.
(3) The report shall include the following:
(A) A comprehensive net assessment of the current balance
between NATO forces and Warsaw Pact forces and of the overall
trends in that balance, including an assessment of the trends in
active and reserve forces and in total equipment holdings in
stationed and indigenous forces.
(B) A description of the likely alternative force postures that
could be adopted by member nations of both alliances (particularly
by the United States and the Soviet Union) under each of the
assumptions analyzed, together with a description of the possible
effects of restructuring of both NATO and Warsaw Pact forces in
Europe for defensive purposes.
(C) A statement of the costs (or savings) to the United States,
over at least a seven-year period, estimated to be associated with
each force posture described under subparagraph (B), together with
an analysis of how those costs (or savings) were determined.
(D) An analysis of the implications for NATO strategy,
security, and military policy under each of the reduction levels
referred to in paragraph (2), including a net assessment of the
resulting balance between NATO forces and Warsaw Pact forces.
(E) An assessment of the effects under each of the reduction
levels referred to in paragraph (2) (including the alternative
force postures under each assumption) upon the stability of the
conventional balance of forces in Europe.
(F) An assessment of the ability of NATO to defend Europe under
each of the assumed reduction levels in the event of an attack by
the Warsaw Pact (i) on short warning, or (ii) during a crisis in
Europe.
(G) An assessment of the effects under each of the reduction
levels referred to in paragraph (2) on --
(i) the short-range nuclear force requirements of NATO;
(ii) the requirements of the United States for POMCUS and
war-reserve stocks;
(iii) the requirements of NATO for airlift and sealift based in
the United States and for reinforcing units from the United
States; and
(iv) the ability of the United States to meet global military
requirements.
SEC. 903. REPORT ON VERIFICATION MEASURES FOR POSSIBLE CONVENTIONAL
ARMS CONTROL AGREEMENT
(a) REPORT. -- The President shall submit to Congress a report on
the types of measures that would be required to verify the proposal for
reductions in conventional forces in Europe adopted by the member
nations of the North Atlantic Treaty Organization (NATO) on May 30,
1989.
(b) MATTERS TO BE INCLUDED IN REPORT. -- The President shall include
in the report under subsection (a) the following:
(1) A discussion of the types of information that it would be
necessary for the parties to such an agreement to exchange for
such verification.
(2) A discussion of the range of options under consideration by
the executive branch for defining what constitutes a militarily
significant violation of a conventional arms control agreement.
(3) A description of the national technical means, on-site
inspections, and other cooperative measures that would be
necessary to detect violations of such an agreement, including --
(A) an analysis of the measures that would be required to
monitor (i) the withdrawal and demobilization of military
personnel, and (ii) the withdrawal and (if required by the
agreement) the destruction of military equipment provided for in
any such agreement; and
(B) the President's judgment on those on-site inspections and
confidence building measures under consideration that are the most
acceptable, and the least acceptable, to the NATO alliance and the
Warsaw Pact, including an assessment of the counterintelligence
aspects of such measures for NATO.
(4) A discussion of the procedures the NATO alliance would
follow in the event of a violation of such an agreement by a
member of the Warsaw Treaty Organization.
(c) DATA BASE ANALYSIS. -- (1) The report under subsection (a) shall
also include a comprehensive analysis of --
(A) the uncertainties in the data bases to be used by United
States intelligence with respect to the military forces of NATO
member nations and Warsaw Pact member nations located in the
proposed areas of reduction;
(B) the uncertainties in the estimates of the trends in such
forces; and
(C) the differences in the data bases and counting rules used
by the United States, the allies of the United States, and the
Warsaw Pact member nations.
(2) The analysis under paragraph (1) shall address separately the
uncertainties in the estimates of each of the following:
(A) Active forces.
(B) Reserve forces.
(C) Equipment subject to reductions and ceilings.
(D) Indigenous forces.
(E) Stationed forces.
(d) SUBMISSION OF REPORT. -- The report required by subsection (a)
shall be submitted not later than March 1, 1990. The report shall
include such comments and recommendations as the President determines
appropriate. The report shall be submitted in both classified and
unclassified versions.
SEC. 911. REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF
MILITARY PERSONNEL IN EUROPE
(a) REDUCTION REQUIRED. -- Section 1002(c)(1) of the Department of
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is amended by
striking out "326,414" and inserting in lieu thereof "311,855".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "22 USC
1928 note" shall take effect on September 30, 1991.
SEC. 912. "22 USC 1928 note" ACTIVE-DUTY FORCES IN EUROPE OF MEMBER
NATIONS OF NATO
(a) FINDINGS. -- Congress makes the following findings:
(1) Member nations of the North Atlantic Treaty Organization
(NATO), at the initiative of the President, have presented to the
nations of the Warsaw Pact a comprehensive proposal concerning
reductions in conventional forces in Europe for consideration in
the negotiations on Conventional Armed Forces in Europe (CFE).
(2) An agreement based on that proposal would significantly
enhance security and stability in Europe and the cause of peace
worldwide.
(3) Irrespective of developments in the CFE negotiations,
several member nations of NATO are considering making significant
unilateral reductions over the next several years in the number of
their active-duty forces in Europe.
(4) Such unilateral reductions in active-duty forces before an
agreement on CFE enters into force would --
(A) undercut efforts by NATO to improve its conventional
defense posture in Europe, increase reliance by NATO on the threat
of the early use of nuclear weapons to deter aggression, and
undermine the NATO arms control negotiating posture in the CFE
negotiations; and
(B) exacerbate longstanding burdensharing tensions among member
nations of NATO.
(5) Despite shifts in relative economic power from the United
States to some of the major allies of the United States, the costs
of mutual defense continue to be borne disproportionately by the
United States.
(6) Adjustments in burdensharing are long overdue.
(b) DEFINITIONS. -- For purposes of this section:
(1) The term "active-duty forces in Europe" means those
active-duty military personnel assigned to permanent duty ashore
in European member nations of NATO, except that such term does not
include INF-related forces.
(2) The term "INF-related forces" means those active-duty
military personnel assigned to permanent duty ashore in European
member nations of NATO who are to be demobilized or withdrawn from
Europe as a result of the elimination of the intermediate-range
nuclear weapons of the United States pursuant to the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of their Intermediate-range
and Shorter-range Missiles, signed on December 8, 1987 (commonly
referred to as the "INF Treaty").
(3) The term "U.S. end-strength level in Europe" means the
actual number of active-duty forces in Europe of the Armed Forces
of the United States at the end of a fiscal year.
(4) The term "allied forces end-strength level in Europe" means
the actual number of active-duty forces in Europe of the armed
forces of member nations of NATO (other than the United States) in
Europe at the end of a fiscal year.
(c) BASELINE REPORT ON ACTIVE-DUTY FORCES IN EUROPE. -- (1) Not
later than 60 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report on
the number of the active-duty forces in Europe of the member nations of
NATO. The report shall identify the following:
(1) The U.S. end-strength level in Europe for fiscal year 1989.
(2) The allied forces end-strength level in Europe for fiscal
year 1989.
(3) The actual number of active-duty forces in Europe of the
armed forces of each member nation of NATO (other than the United
States) at the end of fiscal year 1989.
(4) The ratio (expressed in terms of a percentage) of --
(A) the U.S. end-strength level in Europe; to
(B) the allied forces end-strength level in Europe.
(d) U.S.-ALLIED FORCES RATIO. -- (1) The ratio identified for fiscal
year 1989 under subsection (c)(4) is hereinafter in this section
referred to as the "baseline U.S.-allied forces ratio".
(2) The ratio identified in an annual report under subsection (e) is
hereinafter in this section referred to as the "U.S.-allied forces
ratio".
(e) ANNUAL REPORT ON MAINTAINING ACTIVE-DUTY FORCES IN EUROPE. --
(1) During each of the fiscal years 1991, 1992, and 1993, the Secretary
of Defense shall prepare a report identifying for the preceding fiscal
year the following:
(A) The U.S. end-strength level in Europe for the fiscal year
covered by the report.
(B) The allied forces end-strength level in Europe for such
fiscal year.
(C) The ratio (expressed in terms of a percentage) of the U.S.
end-strength level in Europe to the allied forces end-strength
level in Europe for the fiscal year covered by the report.
(2) The Secretary shall include in each such report the following:
(A) A statement of whether there has been any change in the
U.S.-allied forces ratio for such fiscal year compared with --
(i) the baseline U.S.-allied forces ratio; and
(ii) after fiscal year 1991, the U.S.-allied forces ratio for
the fiscal year immediately preceding the fiscal year covered by
such report.
(B) In the case of a change in the U.S.-allied forces ratio for
such fiscal year, a description of the amount of such change and
any explanation of the cause for such change.
(C) A discussion of any action taken by the United States
during such fiscal year to encourage member nations of NATO (other
than the United States) to increase the number of their
active-duty forces in Europe and the results of that action.
(3)(A) Except as provided in subparagraph (B), the report required by
paragraph (1) shall be submitted to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives not later
than April 1 of each fiscal year referred to in such paragraph.
(B) The Secretary shall be considered to have complied with
subparagraph (A) in a fiscal year if the Secretary includes the
information required by paragraphs (1) and (2) in the report submitted
in such year pursuant to section 1002(d)(2) of the Department of Defense
Authorization Act, 1985 (22 U.S.C. 1928 note).
(f) LIMITATION ON OBLIGATION OF FUNDS. -- (1) If the Secretary of
Defense states in a report prepared under subsection (e) that the
U.S.-allied forces ratio for the fiscal year covered by such report is
greater than the baseline U.S.-allied forces ratio by more than
one-tenth of one percentage point --
(A) the President shall undertake appropriate diplomatic
initiatives to persuade the member nations of NATO (other than the
United States) to increase the number of their active-duty forces
in Europe so that the U.S.-allied forces ratio no longer exceeds
the baseline U.S.-allied forces ratio; and
(B) funds appropriated to or for the use of the Department of
Defense may not be obligated or expended for the next fiscal year
to support active-duty forces in Europe of the Armed Forces of the
United States at an end-strength level that would cause the
U.S.-allied forces ratio in such fiscal year to exceed the
baseline U.S.-allied forces ratio by more than one-tenth of one
percentage point.
(2) The President may waive the provisions of paragraph (1) if the
President determines that such action is critical to the national
security of the United States. The President shall immediately notify
Congress of such a waiver and the reasons for such waiver.
(3) Paragraph (1) shall not apply in the event of a declaration of
war or an armed attack on any member nation of NATO or in the event that
a comprehensive arms reduction agreement enters into force as a result
of the negotiations on Conventional Armed Forces in Europe (CFE).
(g) END-STRENGTH PERMANENT CEILING. -- Nothing in this section shall
be construed to permit the obligation or expenditure of funds to support
an end-strength level of members of the Armed Forces of the United
States assigned to permanent duty ashore in European member nations of
NATO at any level in excess of the permanent ceiling specified in
section 1002(c)(1) of the Department of Defense Authorization Act, 1985
(22 U.S.C. 1928 note).
SEC. 913. CONTRIBUTIONS BY JAPAN TO GLOBAL SECURITY
(a) FINDINGS. -- Congress finds --
(1) that extraordinary political, economic, and social changes
have occurred in Japan since World War II; and
(2) that, as a result of such changes, Japan is capable of
assuming increased responsibility for its own security.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that, in view
of the changes referred to in subsection (a), Japan should --
(1) assume increased responsibility for its own security;
(2) offset the direct costs incurred by the United States in
deploying military forces for the defense of Japan, including
costs (other than pay and allowances) related to the presence of
United States military personnel in Japan; and
(3) make a contribution to the common defense that is more
commensurate with its economic status by taking the following
actions:
(A) Increasing expenditures for its Official Development
Assistance program and its defense programs so that, by 1992, the
level of spending by Japan on those programs (stated as a
percentage of gross national product) will approximate the average
of the levels of spending by the member nations of the North
Atlantic Treaty Organization (NATO) on official development
assistance and defense programs (stated as a percentage of their
respective gross national products).
(B) Devoting any increase in its spending for such Official
Development Assistance program primarily to the Republic of the
Philippines and to countries in regions of importance to global
stability outside of East Asia, particularly to countries in Latin
America, the Caribbean area, and the Mediterranean area.
(C) Devoting any increase in spending for that program
primarily to untied grants and increasing the portion of total
expenditures made in that program for those multilateral financial
institutions of which Japan is a member.
(D) Designating those nations that are to be recipients of
increased development assistance referred to in subparagraphs (A)
through (C) after consultation with Japan's security partners.
(E) Completing, after consultation with the United States, the
5-year defense program of Japan for fiscal years 1986 through 1990
and, at the earliest possible date after the completion of that
program, fulfilling the pledge made by the Prime Minister of Japan
in May 1981 to defend the territory, airspace, and sea lanes of
Japan to a distance of 1,000 nautical miles.
(F) Acquiring "off-the-shelf" military equipment from the
United States (including completely equipped, long-range early
warning aircraft, additional AEGIS weapon systems, refueling
aircraft, munitions, and spare parts) in developing the
capabilities called for in Japan's current and subsequent 5-year
defense programs.
(c) NEGOTIATIONS AND CONSULTATIONS. -- At the earliest practicable
date after the enactment of this Act, the President shall --
(1) enter into negotiations with Japan for the purpose of
achieving an agreement under which Japan agrees to make
contributions sufficient in value to meet the direct cost of
deploying United States forces for the defense of Japan; and
(2) issue an invitation to the Government of Japan and other
governments of Pacific allies of the United States to engage in
annual multilateral consultations on security concerns, consistent
with the constitutions and national defense requirements of the
respective countries.
(d) REPORTS. -- (1) In order that Congress may determine whether
further action is appropriate, not later than April 1, 1990, the
President shall submit to the congressional committees described in
paragraph (3) an initial report on the status and results of --
(A) the negotiations with Japan referred to in subsection
(c)(1); and
(B) the invitation required under subsection (c)(2), including
any consultations resulting from such invitation.
(2) Not later than one year after the date of the enactment of this
Act, the President shall submit to such congressional committees a
second report on the status and results of the matters referred to in
paragraph (1).
(3) The congressional committees referred to in this subsection are
the congressional defense committees, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 914. REPORT ON COSTS ASSOCIATED WITH OVERSEAS DEPENDENTS
(a) REPORT REQUIRED. -- The Secretary of Defense shall submit a
report to the Committees on Armed Services of the Senate and House of
Representatives on practicable options available to the Department of
Defense to reduce costs associated with maintaining overseas --
(1) dependents of members of the Armed Forces; and
(2) dependents of civilian employees of the Department of
Defense.
(b) ELEMENTS OF REPORT. -- In preparing the report required by
subsection (a), the Secretary shall specifically address, at a minimum,
the following:
(1) Whether expansion of incentives for unaccompanied tours of
duty overseas would be effective in increasing the number of such
tours and whether such an expansion of incentives would be cost
effective.
(2) Whether more frequent rotation of overseas personnel
without dependents would result in overall savings as compared to
current rotation practices.
(3) Whether an increase in the use of local contractors at
overseas stations to provide services currently being provided by
Department of Defense personnel would result in overall savings to
the United States.
(4) The cost implications for United States families at
overseas stations resulting from an increase in the use of local
contractors.
(5) Whether costs associated with the support of overseas
dependents would change from a reduction in personnel under a
conventional forces in Europe (CFE) agreement.
(6) Whether the granting of fewer exceptions to the length of
overseas duty tours would reduce permanent change of station
costs.
(7) The extent to which overseas facilities could be
consolidated and centralized to reduce administrative and overhead
costs.
(8) The extent to which reductions in family support services
at overseas stations could be made without materially affecting
the standard of living of the personnel assigned to duty at such
stations.
(9) Whether reductions in overseas family support costs would
likely result in increased costs in programs in the United States.
(10) The extent to which dependents would be likely to
accompany members of the Armed Forces and civilian employees of
the Department of Defense to overseas stations in the absence of
each of the various types of special assistance and benefits
currently provided to overseas dependents.
(11) The effect that a reduction or termination of the various
types of the special assistance and benefits for overseas
dependents would have on combat readiness, morale, and retention.
(b) TIME FOR SUBMISSION. -- The report required by subsection (a)
shall be submitted not later than February 1, 1990.
SEC. 915. UNITED STATES-REPUBLIC OF KOREA SECURITY RELATIONSHIP AND
OTHER SECURITY MATTERS IN EAST ASIA
(a) FINDINGS. -- Congress makes the following findings:
(1) Since the end of the Korean conflict, the Republic of Korea
has made tremendous progress in rebuilding its economic and
military strength.
(2) Despite this progress, an indigenous military balance has
not yet been achieved on the Korean peninsula, and the Democratic
People's Republic of Korea continues to pose a serious threat to
the security of the Republic of Korea.
(3) The alliance between the United States and the Republic of
Korea has contributed greatly to the security of both countries.
(4) The Republic of Korea has dedicated a large share of its
national resources to its security, as shown by the fact that
defense expenditures comprise approximately one-third of the
national budget of the Republic of Korea.
(5) The United States has contributed a large amount of
national resources, including approximately 44,000 military
personnel, to protecting the security interests that it shares
with the Republic of Korea.
(6) The presence of United States military personnel in the
Republic of Korea contributes to the preservation of peace on the
Korean peninsula, serves as a military deterrent, and is a
tangible manifestation of the commitment of the United States to
the defense of the Republic of Korea.
(7) In accordance with its obligations under the 1954 Mutual
Defense Treaty with the Republic of Korea, the United States
remains committed to the security and territorial integrity of the
Republic of Korea.
(b) SENSE OF CONGRESS ON THE UNITED STATES-REPUBLIC OF KOREA SECURITY
RELATIONSHIP. -- (1) It is the sense of Congress that --
(A) the United States should review the missions, force
structure, and locations of its military forces in the Republic of
Korea and East Asia;
(B) the Republic of Korea should assume increased
responsibility for its own security;
(C) the Republic of Korea should offset more of the direct
costs incurred by the United States in deploying military forces
for the defense of the Republic of Korea; and
(D) the United States and the Republic of Korea should consult
on the feasibility and desirability of partial, gradual reductions
of United States military forces in the Republic of Korea.
(2) In order that Congress may determine whether further action is
appropriate, not later than April 1, 1990, the President shall submit to
the congressional committees described in subsection (d) an initial
report on the status and results of any consultations held by the United
States and the Republic of Korea on the matter referred to in paragraph
(1)(D).
(3) Not later than one year after the date of the enactment of this
Act, the President shall submit to such congressional committees a
second report on the status and results of the consultations referred to
in paragraph (1)(D).
(c) REPORT ON MILITARY PRESENCE IN EAST ASIA. -- (1) Not later than
April 1, 1990, the President shall submit to the congressional
committees described in subsection (d) a report on the military presence
of the United States in East Asia, including the Republic of Korea. The
President shall include in such report a strategic plan relating to the
continued United States military presence in East Asia.
(2) The report required by this subsection shall specifically include
the following:
(A) An assessment of the implications of recent developments in
the Soviet Union and the People's Republic of China for United
States and allied security planning in East Asia.
(B) Identification of any changes in the missions, force
structure, and locations of United States forces in East Asia that
could strengthen the capabilities of such forces and lower the
costs of maintaining such forces.
(C) A discussion of ways in which increased defense
responsibilities and costs presently borne by the United States
can be transferred to the allies of the United States in East
Asia.
(D) Identification of the additional actions that the Republic
of Korea can take to contribute more to its own security.
(E) A discussion of the feasibility of restructuring United
States military forces stationed in Okinawa with the objective of
improving civil-military relations and increasing United States
training opportunities.
(F) A discussion of the status and prospects of negotiations
between the United States and the Republic of the Philippines on
the continued use of United States military installations in the
Republic of the Philippines.
(G) An assessment of whether a requirement still exists for a
regional security role for United States forces stationed in the
Republic of Korea.
(3) The report required by this subsection shall also include a
five-year plan with respect to the United States military presence in
the Republic of Korea, including a discussion of the feasibility and
desirability of the following:
(A) Partial, gradual reductions in the number of United States
military personnel stationed in the Republic of Korea.
(B) Larger offsets by the Republic of Korea for the direct
costs incurred by the United States in deploying military forces
in defense of the Republic of Korea.
(C) The relocation of United States military personnel and
facilities within the Republic of Korea that can be made to reduce
friction between such personnel and the people of the Republic of
Korea.
(D) Changes in the United Nations and United States-Republic of
Korea bilateral command arrangements that would facilitate a
transfer of certain military missions and command to the Republic
of Korea.
(E) Confidence-building measures that could be promoted in
northeast Asia to lessen tensions in the region.
(F) Additional actions the Republic of Korea could take to
assume more responsibility for its own security.
(d) CONGRESSIONAL COMMITTEES TO RECEIVE REPORTS. -- The
congressional committees referred to in this section are the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 921. LIMITATION ON EXPENDITURES FOR RELOCATION OF FUNCTIONS
LOCATED AT TORREJON AIR BASE, MADRID, SPAIN
(a) LIMITATION. -- During the period beginning on June 27, 1989, and
ending on October 1, 1993, not more than $360,000,000 may be obligated
or expended from funds available to the Department of Defense for the
purpose of relocating functions of the Department of Defense located at
Torrejon Air Base, Madrid, Spain, on June 15, 1989, to any other
location outside the United States.
(b) COUNTING OF NATO INFRASTRUCTURE CONTRIBUTIONS. -- For purposes
of subsection (a), contributions for the North Atlantic Treaty
Organization Infrastructure program pursuant to section 2806 of title
10, United States Code, that are used (directly or indirectly) for the
purpose of relocations described in subsection (a) shall be included in
determining the amount expended on such relocations.
(c) COUNTING OF REPAYMENTS FOR NATO INFRASTRUCTURE FAMILY HOUSING
COMMITMENTS. -- (1) All amounts which the United States is obligated to
pay under a housing reimbursement agreement described in paragraph (2)
shall be deemed to be amounts obligated for purposes of subsection (a),
regardless of when the agreement is entered into or when payments
pursuant to the agreement are to be made.
(2) A housing reimbursement agreement for purposes of paragraph (1)
is an agreement calling for the United States to make a series of annual
payments as repayment for advances for the cost of construction, through
the NATO Infrastructure program, of military family housing in
connection with the relocations described in subsection (a).
(d) EXCLUSION FOR PERSONNEL EXPENSES. -- There shall be excluded
from the determination of amounts expended on relocations described in
subsection (a) amounts spent for expenses associated with permanent
change of station moves and other personnel-related expenses.
SEC. 922. SENSE OF CONGRESS CONCERNING UNITED STATES MILITARY
FACILITIES IN NATO MEMBER COUNTRIES
(a) NATO POLICY. -- It is the sense of Congress that the North
Atlantic Treaty Organization (NATO) should adopt as its policy the
following views expressed by the North Atlantic Assembly in its 1987
report entitled "NATO in the 1990s":
(1) The member nations of NATO should examine further measures
that could be taken to relieve the United States from the burdens
of its military presence in Europe.
(2) Such nations should consider the provision of base
facilities for allied forces and equipment as a part of their
national contributions to Western security.
(3) Such nations should not expect compensation for providing
facilities that the NATO alliance decides are essential to
implement NATO security strategy.
(4) All wealthier member nations of NATO should assist
Portugal, Greece, and Turkey to ensure that NATO remains
politically, economically, and militarily strong in its southern
region as well as in its central and northern regions.
(b) UNITED STATES PAYMENT FOR USE OF BASE FACILITIES IN NATO
COUNTRIES. -- It is further the sense of Congress that the United
States should not provide economic or security assistance to any NATO
member nation as compensation or rent for the use of base facilities in
that nation.
SEC. 931. CODIFICATION OF CERTAIN ALLIED COOPERATIVE AGREEMENTS
STATUTES
(a) STATUTORY REORGANIZATION. -- Chapter 138 of title 10, United
States Code, is amended --
(1) by striking out the chapter heading and inserting in lieu
thereof the following:
"Subchapter
"I. Acquisition and Cross-Servicing Agreements . . . . 2341
"II. Other Cooperative Agreements . . . . . . . . . 2350a
and
(2) by adding at the end the following:
"Sec.
"2350a. Cooperative research and development projects: allied
countries.
"2350b. Cooperative projects under Arms Export Control Act:
acquisition of defense equipment.
"2350c. Cooperative military airlift agreements: allied countries.
"2350d. Cooperative logistic support agreements: NATO countries.
"2350e. NATO Airborne Warning and Control System (AWACS) program:
authority of Secretary of Defense.
"2350f. Procurement of communications support and related supplies
and services.
"Section 2350a. Cooperative research and development projects:
allied countries
"(a) AUTHORITY TO ENGAGE IN COOPERATIVE R&D PROJECTS. -- The
Secretary of Defense may enter into a memorandum of understanding (or
other formal agreement) with one or more major allies of the United
States for the purpose of conducting cooperative research and
development projects on defense equipment and munitions.
"(b) REQUIREMENT THAT PROJECTS IMPROVE CONVENTIONAL DEFENSE
CAPABILITIES. -- (1) The Secretary of Defense may not enter into a
memorandum of understanding (or other formal agreement) to conduct a
cooperative research and development project under this section unless
the Secretary determines that the proposed project will improve, through
the application of emerging technology, the conventional defense
capabilities of the North Atlantic Treaty Organization (NATO) or the
common conventional defense capabilities of the United States and its
major non-NATO allies.
"(2) The authority of the Secretary to make a determination under
paragraph (1) may only be delegated to the Deputy Secretary of Defense
or the Under Secretary of Defense for Acquisition.
"(c) COST SHARING. -- Each cooperative research and development
project entered into under this section shall require sharing of the
costs of the project between the participants on an equitable basis.
"(d) RESTRICTIONS ON PROCUREMENT OF EQUIPMENT AND SERVICES. -- (1) In
order to assure substantial participation on the part of the major
allies of the United States in cooperative research and development
projects, funds made available for such projects may not be used to
procure equipment or services from any foreign government, foreign
research organization, or other foreign entity.
"(2) A major ally of the United States may not use any military or
economic assistance grant, loan, or other funds provided by the United
States for the purpose of making that ally's contribution to a
cooperative research and development program entered into with the
United States under this section.
"(e) COOPERATIVE OPPORTUNITIES DOCUMENT. -- (1)(A) In order to
ensure that opportunities to conduct cooperative research and
development projects are considered at an early point during the formal
development review process of the Department of Defense in connection
with any planned project of the Department, the Under Secretary of
Defense for Acquisition shall prepare an arms cooperation opportunities
document with respect to that project for review by the Defense
Acquisition Board at formal meetings of the Board.
"(B) The Under Secretary shall also prepare an arms cooperation
opportunities document for review of each new project for which a
document known as a Mission Need Statement is prepared.
"(2) An arms cooperation opportunities document referred to in
paragraph (1) shall include the following:
"(A) A statement indicating whether or not a project similar to
the one under consideration by the Department of Defense is in
development or production by one or more of the major allies of
the United States.
"(B) If a project similar to the one under consideration by the
Department of Defense is in development or production by one or
more major allies of the United States, an assessment by the Under
Secretary of Defense for Acquisition as to whether that project
could satisfy, or could be modified in scope so as to satisfy, the
military requirements of the project of the United States under
consideration by the Department of Defense.
"(C) An assessment of the advantages and disadvantages with
regard to program timing, developmental and life cycle costs,
technology sharing, and Rationalization, Standardization, and
Interoperability (RSI) of seeking to structure a cooperative
development program with one or more major allies of the United
States.
"(D) The recommendation of the Under Secretary as to whether
the Department of Defense should explore the feasibility and
desirability of a cooperative development program with one or more
major allies of the United States.
"(f) REPORTS TO CONGRESS. -- (1) Not later than March 1 of each
year, the Under Secretary of Defense for Acquisition shall submit to the
Speaker of the House of Representatives and the Committees on Armed
Services and Appropriations of the Senate a report on cooperative
research and development projects under this section. Each such report
shall include --
"(A) a description of the status, funding, and schedule of
existing projects carried out under this section for which
memoranda of understanding (or other formal agreements) have been
entered into; and
"(B) a description of the purpose, funding, and schedule of any
new projects proposed to be carried out under this section
(including those projects for which memoranda of understanding (or
other formal agreements) have not yet been entered into) for which
funds have been included in the budget submitted to Congress
pursuant to section 1105 of title 31 for the fiscal year following
the fiscal year in which the report is submitted.
"(2) The Secretary of Defense and the Secretary of State, whenever
they consider such action to be warranted, shall jointly submit to the
Committees on Armed Services and Foreign Relations of the Senate and to
the Committees on Armed Services and Foreign Affairs of the House of
Representatives a report --
"(A) enumerating those countries to be added to or deleted from
the existing designation of countries designated as major non-NATO
allies for purposes of this section; and
"(B) specifying the criteria used in determining the
eligibility of a country to be designated as a major non-NATO ally
for purposes of this section.
"(g) SIDE-BY-SIDE TESTING. -- (1) It is the sense of Congress --
"(A) that the Secretary of Defense should test conventional
defense equipment, munitions, and technologies manufactured and
developed by major allies of the United States to determine the
ability of such equipment, munitions, and technologies to satisfy
United States military requirements or to correct operational
deficiencies; and
"(B) that while the testing of nondevelopmental items and items
in the late state of the development process are preferred, the
testing of equipment, munitions, and technologies may be conducted
to determine procurement alternatives.
"(2) The Secretary of Defense may acquire equipment, munitions, and
technologies of the type described in paragraph (1) for the purpose of
conducting the testing described in that paragraph.
"(3) The Deputy Director, Defense Research and Engineering (Test and
Evaluation) shall notify the Speaker of the House of Representatives and
the Committees on Armed Services and on Appropriations of the Senate of
the Deputy Director's intent to obligate funds made available to carry
out this subsection not less than 30 days before such funds are
obligated.
"(4) The Secretary of Defense shall include in the annual report to
Congress required by section 2457(d) of this title information on --
"(A) the equipment, munitions, and technologies manufactured
and developed by major allies of the United States that were
evaluated under this subsection during the previous fiscal year;
"(B) the obligation of any funds under this subsection during
the previous fiscal year; and
"(C) the equipment, munitions, and technologies that were
tested under this subsection and procured during the previous
fiscal year.
"(h) SECRETARY TO ENCOURAGE SIMILAR PROGRAMS. -- The Secretary of
Defense shall encourage major allies of the United States to establish
programs similar to the one provided for in this section.
"(i) DEFINITIONS. -- In this section:
"(1) The term 'cooperative research and development project'
means a project involving joint participation by the United States
and one or more major allies of the United States under a
memorandum of understanding (or other formal agreement) to carry
out a joint research and development program --
"(A) to develop new conventional defense equipment and
munitions; or
"(B) to modify existing military equipment to meet United
States military requirements.
"(2) The term 'major ally of the United States' means --
"(A) a member nation of the North Atlantic Treaty Organization
(other than the United States); or
"(B) a major non-NATO ally.
"(3) The term 'major non-NATO ally' means a country (other than
a member nation of the North Atlantic Treaty Organization) that is
designated as a major non-NATO ally for purposes of this section
by the Secretary of Defense with the concurrence of the Secretary
of State.".
(b) TRANSFER OF EXISTING TITLE 10 SECTIONS. -- (1) Section 2407 of
title 10, United States Code (relating to acquisition of defense
equipment under cooperative agreements), is transferred to the end of
chapter 138 of such title (as amended by subsection (a)) and
redesignated as section 2350b.
(2) Section 2213 of such title (relating to cooperative military
airlift agreements), is transferred to the end of chapter 138 of such
title (as amended by paragraph (1)), redesignated as section 2350c, and
amended in subsection (d) by striking out "chapter 138 of this title"
and inserting in lieu thereof "subchapter I".
(c) CODIFICATION OF EXISTING NON-TITLE 10 SECTION. -- Chapter 138 of
such title (as amended by subsection (b)) is further amended by adding
at the end the following new section:
"Section 2350d. Cooperative logistic support agreements: NATO
countries
"(a) GENERAL AUTHORITY. -- (1) The Secretary of Defense may enter
into bilateral or multilateral agreements known as Weapon System
Partnership Agreements with one or more governments of other member
countries of the North Atlantic Treaty Organization (NATO) participating
in the operation of the NATO Maintenance and Supply Organization. Any
such agreement shall be for the purpose of providing cooperative
logistics support for the armed forces of the countries which are
parties to the agreement. Any such agreement --
"(A) shall be entered into pursuant to the terms of the charter
of the NATO Maintenance and Supply Organization; and
"(B) shall provide for the common logistic support of a
specific weapon system common to the participating countries.
"(2) Such an agreement may provide for --
"(A) the transfer of logistics support, supplies, and services
by the United States to the NATO Maintenance and Supply
Organization; and
"(B) the acquisition of logistics support, supplies, and
services by the United States from that Organization.
"(b) AUTHORITY OF SECRETARY. -- Under the terms of a Weapon System
Partnership Agreement, the Secretary of Defense --
"(1) may agree that the NATO Maintenance and Supply
Organization may enter into contracts for supply and acquisition
of logistics support in Europe for requirements of the United
States, to the extent the Secretary determines that the procedures
of such Organization governing such supply and acquisition are
appropriate; and
"(2) may share the costs of set-up charges of facilities for
use by the NATO Maintenance and Supply Organization to provide
cooperative logistics support and in the costs of establishing a
revolving fund for initial acquisition and replenishment of supply
stocks to be used by the NATO Maintenance and Supply Organization
to provide cooperative logistics support.
"(c) SHARING OF ADMINISTRATIVE EXPENSES. -- Each Weapon System
Partnership Agreement shall provide for joint management by the
participating countries and for the equitable sharing of the
administrative costs incident to the agreement.
"(d) APPLICATION OF CHAPTER 137. -- Except as otherwise provided in
this section, the provisions of chapter 137 of this title apply to a
contract entered into by the Secretary of Defense for the acquisition of
logistics support under a Weapon System Partnership Agreement.
"(e) APPLICATION OF ARMS EXPORT CONTROL ACT. -- Any transfer of
defense articles or defense services to a member country of the North
Atlantic Treaty Organization or to the NATO Maintenance and Supply
Organization for the purposes of a Weapon System Partnership Agreement
shall be carried out in accordance with the Arms Export Control Act (22
U.S.C. 2751 et seq.).
"(f) SUPPLEMENTAL AUTHORITY. -- The authority of the Secretary of
Defense under this section is in addition to the authority of the
Secretary under subchapter I and any other provision of law.".
(d) CONFORMING REPEALS. -- The following provisions of law are
repealed:
(1) Section 1103 of the Department of Defense Authorization
Act, 1986 "10 USC 2407 note" (Public Law 99-145; 99 Stat. 713).
(2) Section 1102 and section 1105 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661, 800
Stat. 3961, 3965). "10 USC 2407 note; 22 USC 2767a"
(e) CONFORMING AND CLERICAL AMENDMENTS. -- (1) Sections 2342 through
2350 of title 10, United States Code, are amended by striking out "this
chapter" each place it appears and inserting in lieu thereof "this
subchapter".
(2) The items relating to chapter 138 in the table of chapters at the
beginning of subtitle A, and at the beginning of part IV of subtitle A,
of such title are amended to read as follows:
"138. Cooperative Agreements with NATO Allies and Other Countries .
. . . . 2341".
(3) The heading of section 2350b of such title (as redesignated by
subsection (b)(1)) is amended to read as follows:
"Section 2350b. Cooperative projects under Arms Export Control Act:
acquisition of defense equipment".
(4) The heading of section 2350c of such title (as redesignated by
subsection (b)(2)) is amended to read as follows:
"Section 2350c. Cooperative military airlift agreements: allied
countries".
SEC. 932. EXTENSION AND CODIFICATION OF AUTHORITY PROVIDED THE
SECRETARY OF DEFENSE IN CONNECTION WITH THE NATO AIRBORNE WARNING AND
CONTROL SYSTEM (AWACS) PROGRAM
(a) EXTENSION AND CODIFICATION. -- (1) Chapter 138 of title 10,
United States Code (as amended by section 931), is further amended by
adding at the end the following new section:
"Section 2350e. NATO Airborne Warning and Control System (AWACS)
program: authority of Secretary of Defense
"(a) AUTHORITY UNDER AWACS PROGRAM. -- The Secretary of Defense, in
carrying out an AWACS memorandum of understanding, may do the following:
"(1) Waive reimbursement for the cost of the following
functions performed by personnel other than personnel employed in
the United States Air Force Airborne Warning and Control System
(AWACS) program office:
"(A) Auditing.
"(B) Quality assurance.
"(C) Codification.
"(D) Inspection.
"(E) Contract administration.
"(F) Acceptance testing.
"(G) Certification services.
"(H) Planning, programming, and management services.
"(2) Waive any surcharge for administrative services otherwise
chargeable.
"(3) In connection with that Program, assume contingent
liability for --
"(A) program losses resulting from the gross negligence of any
contracting officer of the United States;
"(B) identifiable taxes, customs duties, and other charges
levied within the United States on the program; and
"(C) the United States share of the unfunded termination
liability.
"(b) CONTRACT AUTHORITY LIMITATION. -- Authority under this section
to enter into contracts shall be effective for any fiscal year only to
such extent or in such amounts as are provided in appropriation Acts.
"(c) DEFINITION. -- In this section, the term 'AWACS memorandum of
understanding' means --
"(1) the Multilateral Memorandum of Understanding Between the
North Atlantic Treaty Organization (NATO) Ministers of Defence on
the NATO E-3A Cooperative Programme, signed by the Secretary of
Defense on December 6, 1978;
"(2) the Memorandum of Understanding for Operations and Support
of the NATO Airborne Early Warning and Control Force, signed by
the United States Ambassador to NATO on September 26, 1984; and
"(3) any other follow-on support agreement for the NATO E-3A
Cooperative Programme.
"(d) EXPIRATION. -- The authority provided by this section expires
on September 30, 1991.".
(b) CONFORMING REPEAL. -- Section 103 of the Department of Defense
Authorization Act, 1982 (Public Law 97-86), "10 USC 2407 note" is
repealed.
SEC. 933. REVISION AND EXTENSION OF AUTHORITY FOR PROCUREMENT OF
COMMUNICATIONS SUPPORT AND RELATED SUPPLIES AND SERVICES FROM OTHER
NATIONS
(a) RECODIFICATION OF SECTION. -- Section 2401a of title 10, United
States Code, is transferred to the end of subchapter II of chapter 138
of such title, as added by section 931 and amended by section 932, and
is redesignated as section 2350f.
(b) AUTHORITY TO ENTER INTO BILATERAL AND MULTILATERAL ARRANGEMENTS.
-- Subsection (a) of such section is amended --
(1) by striking out "an arrangement with the Minister of
Defense or other appropriate official of any allied country or
with the North Atlantic Treaty Organization (NATO)" and inserting
in lieu thereof "a bilateral arrangement with any allied country
or allied international organization or may enter into a
multilateral arrangement with allied countries and allied
international organizations";
(2) by striking out "such country or NATO" and inserting in
lieu thereof "the allied country or countries or allied
international organization or allied international organizations,
as the case may be,"; and
(3) by adding at the end the following new sentence: "The term
of an arrangement entered into under this subsection may not
exceed five years.".
(c) LIQUIDATION OF CREDITS AND LIABILITIES. -- Subsection (b) of
such section is amended --
(1) by inserting "(1)" after "(b)";
(2) by designating the second sentence as paragraph (3);
(3) by inserting after the first sentence the following new
sentence: "Liquidations may be made at such times as the parties
in an arrangement may agree upon, but in no case may final
liquidation in the case of an arrangement be made later than 30
days after the end of the term for which the arrangement was
entered into."; and
(4) by inserting after paragraph (1), as designated by clause
(1) of this subsection, the following new paragraph:
"(2) Parties to an arrangement entered into under this section shall
annually reconcile accrued credits and liabilities accruing under such
agreement. Any liability of the United States resulting from a
reconciliation shall be charged against the applicable appropriation
available to the Department of Defense (at the time of the
reconciliation) for obligation for communications support and related
supplies and services.".
(d) DEFINITIONS. -- Subsection (d) of such section is amended --
(1) by striking out "In this section, the term 'allied country'
means -- " and inserting in lieu thereof "In this section:
"(1) The term 'allied country' means -- ";
(2) by redesignating clauses (1) and (2) as clauses (A) and
(B), respectively;
(3) by striking out "; or" at the end of clause (A), as
redesignated by clause (2) of this subsection, and inserting in
lieu thereof a semicolon;
(4) by striking out the period at the end of clause (B), as
redesignated by clause (2) of this subsection, and inserting in
lieu thereof "; or"; and
(5) by adding at the end the following:
"(C) any other country designated as an allied country for
purposes of this section by the Secretary of Defense with the
concurrence of the Secretary of State.
"(2) The term 'allied international organization' means the
North Atlantic Treaty Organization (NATO) or any other
international organization designated as an allied international
organization for the purposes of this section by the Secretary of
Defense with the concurrence of the Secretary of State.".
(e) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 141 of such title is amended by striking out the item relating
to section 2401a.
SEC. 934. TWO-YEAR EXTENSION OF AUTHORITY TO PROVIDE EXCESS DEFENSE
ARTICLES FOR THE MODERNIZATION OF DEFENSE CAPABILITIES OF COUNTRIES ON
NATO SOUTHERN AND SOUTHEASTERN FLANKS
Section 516(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(a)) is amended --
(1) by striking out "during the fiscal years 1987, 1988, and
1989" in the first sentence and inserting in lieu thereof "during
the fiscal years 1987 through 1991"; and
(2) by adding at the end the following new sentence:
"Transfers to recipient countries under this subsection shall be
consistent with the policy framework for the Eastern Mediterranean
region established in section 620C of this Act.".
SEC. 935. "22 USC 2347c note" AUTHORITY FOR EXCHANGE TRAINING
THROUGH SPECIFIED PROFESSIONAL MILITARY EDUCATION INSTITUTION OUTSIDE
THE UNITED STATES
(a) AUTHORITY. -- The United States Army Russian Institute in
Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated
for purposes of section 544 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347c) as if it were located in the United States.
(b) EXPIRATION OF AUTHORITY. -- Subsection (a) shall cease to be in
effect upon the enactment in foreign assistance authorizing legislation
of an amendment to section 544 of the Foreign Assistance Act of 1961
that provides the same authority as is provided by subsection (a).
SEC. 936. EXTENSION OF AUTHORITY TO PAY CERTAIN EXPENSES IN
CONNECTION WITH BILATERAL AND REGIONAL COOPERATION PROGRAMS
(a) EXTENSION OF AUTHORITY TO MEETINGS, ETC., IN CANADA AND MEXICO.
-- Subsection (b)(1) of section 1051 of title 10, United States Code, is
amended by inserting "or in connection with travel to Canada or Mexico"
before the period at the end.
(b) THREE-YEAR EXTENSION OF AUTHORITY. -- Subsection (g) of such
section is amended by striking out "September 30, 1989" and inserting in
lieu thereof "September 30, 1992".
SEC. 937. EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN
NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS
AND COPRODUCTION PROJECTS
The Attorney General shall provide for the extension through December
31, 1991, of nonimmigrant status under section 101(a)(15)(H)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) "8 USC 1101
note" for an alien to perform temporarily services relating to a
cooperative research and development project or a coproduction project
provided under a government-to-government agreement administered by the
Secretary of Defense in the case of an alien who has had such status for
a period of at least five years if such status has not expired as of the
date of the enactment of this Act but would otherwise expire during
1989, 1990, or 1991, due only to the time limitations with respect to
such status.
SEC. 938. METHODS OF PAYMENT FOR ACQUISITIONS AND TRANSFERS BY THE
UNITED STATES TO ALLIED COUNTRIES
(a) EXCHANGES TO BE FOR SUPPLIES OR SERVICES OF IDENTICAL VALUE. --
Section 2344 of title 10, United States Code, is amended by striking out
"identical or substantially identical nature" before the period at the
end of subsection (a) and inserting in lieu thereof "equal value".
(b) LIMITATIONS ON EXCHANGES. -- Such section is further amended by
adding at the end the following new subsection:
"(c) In acquiring or transferring logistics support, supplies, or
services under the authority of this chapter by exchange of supplies or
services, the Secretary of Defense may not agree to or carry out the
following:
"(1) Transfers in exchange for property the acquisition of
which by the Department of Defense is prohibited by law.
"(2) Transfers of source, byproduct, or special nuclear
materials or any other material, article, data, or thing of value
the transfer of which is subject to the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
"(3) Transfers of chemical munitions.".
(c) APPLICATION OF CHAPTER 138. -- Section 2350d(e) of title 10,
United States Code, as enacted by section 931(c), is amended by
inserting "this chapter and" after "in accordance with".
SEC. 1001. PRESIDENTIAL REPORT ON POSSIBLE EFFECTS OF A STRATEGIC
ARMS REDUCTION AGREEMENT ON TRIDENT PROGRAM
(a) REPORT. -- Not later than April 1, 1990, the President shall
submit to Congress a comprehensive report on the Trident program under a
possible Strategic Arms Reduction Talks (START) agreement. The report
shall address the following issues:
(1) The objective for the size of the Trident submarine force
fleet both with and without a START agreement.
(2) The implications for United States strategic force posture
under a START agreement of a fleet of 21 or more Trident
submarines, each with 192 warheads on 24 ballistic missiles, under
two different assumptions, as follows:
(A) All such warheads are accountable under START limits.
(B) The warheads on one-to-three Trident submarines are not
accountable under START limits.
(3) A net assessment of the implications for United States
security of a START agreement that allows the Soviet Union as well
as the United States to have an equivalent number of warheads on
submarines that are not accountable under START limits.
(4) The technical feasibility and cost implications of various
options for reducing the number of warheads on Trident submarines,
including those submarines already built, those under
construction, and those yet to be built.
(5) The verification challenges to the United States posed by
such options if the Soviet Union were to adopt them in its
ballistic missile submarine forces.
(b) FORM OF REPORT. -- The President shall submit the report under
subsection (a) in both classified and unclassified versions.
(c) WAIVER. -- The President may waive the requirements of
subsection (a) if he has signed a START agreement or other strategic
arms reduction agreement with the Soviet Union before the date by which
the report is otherwise required to be submitted.
SEC. 1002. PRESIDENTIAL REPORT ON THE VERIFICATION WORK THAT HAS
BEEN CONDUCTED WITH REGARD TO MOBILE ICBMs UNDER A START AGREEMENT
(a) FINDINGS. -- Congress makes the following findings:
(1) The United States must have confidence that any agreement
achieved through the Strategic Arms Limitation Talks (START) in
Geneva will be effectively verifiable.
(2) The position of the United States at the START
negotiations, from 1985 until September 1989, was to ban the
deployment of mobile intercontinental ballistic missiles (ICBMs)
under a START regime unless an effective verification regime could
be identified and implemented. In September 1989, the United
States announced that it was withdrawing its proposal for the ban
of mobile ICBMs, contingent upon Congress providing funds for
mobile ICBMs to be deployed by the United States.
(3) The Soviet Union has deployed two mobile ICBM systems, the
SS-24 and the SS-25.
(4) The President conducted a strategic review during the
period between January 20, 1989, and the resumption of the START
negotiations on June 15, 1989.
(b) PRESIDENTIAL REPORT. -- Not later than March 31, 1990, the
President shall submit to Congress a report (in classified and
unclassified form) describing all studies that have been performed
between March 1985 and August 1989 by agencies of the United States
Government with regard to the capability of the United States to monitor
and verify a START agreement which allows mobile ICBMs. The report
shall include the following:
(1) A description of each study conducted by United States
Government agencies during the strategic review referred to in
subsection (a)(4) to determine the ability of the United States to
verify limitations on mobile ICBMs of the Soviet Union under a
START agreement, including a summary of the conclusions reached
under each such study.
(2) A description of any so-called "Red Team" study conducted
between March 1985 and August 1989 with regard to the existence of
mobile ICBMs under a START regime, including a summary of the
conclusions reached under each such study.
(3) A description of each study conducted by United States
Government agencies between March 1989 and August 1989 to assess
the value of various options relating to the verification of
mobile ICBMs (such options to include the option known as
"tagging" and the establishment of designated deployment areas),
including a summary of the conclusions reached under each such
study.
SEC. 1003. SENSE OF CONGRESS ON START TALKS
Congress hereby reaffirms the sense of Congress expressed in the
second session of the 100th Congress (in section 902 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 2031)) that any agreement negotiated by the President to achieve a
reduction and limitation on strategic arms (through the Strategic Arms
Reduction Talks in Geneva or otherwise) --
(1) should not prevent the United States from deploying a force
structure under the agreement which emphasizes survivable
strategic systems and, in particular, should not in any way
compromise the security of the United States ballistic-missile
carrying submarine force; and
(2) should not prohibit or limit the deployment of non-nuclear
cruise missiles.
SEC. 1004. REPORT ON ASYMMETRIES IN CAPABILITIES OF UNITED STATES
AND SOVIET UNION TO PRODUCE AND DEPLOY BALLISTIC MISSILE DEFENSE SYSTEMS
(a) STUDY REQUIRED. -- The Secretary of Defense shall conduct a
study on the asymmetry in the near-term capabilities of the United
States and the Soviet Union to deploy ballistic missile defenses beyond
those permitted under the 1972 ABM Treaty. The study shall be conducted
in coordination with the Director of Central Intelligence.
(b) MATTERS TO BE INCLUDED IN STUDY. -- Subject to subsection (e),
the study shall include the following:
(1) An assessment of the likelihood of a breakout by the Soviet
Union from the 1972 ABM Treaty in the next five years and the
assumptions used for that assessment.
(2) An assessment of the capability of the Soviet Union to
exploit a situation in which the limitations of the 1972 ABM
Treaty do not apply, including a detailed assessment of the
capabilities of the Soviet Union to produce --
(A) space-based anti-ballistic missile (ABM) launchers and
interceptors;
(B) ground-based ABM launchers and interceptors; and
(C) the infrastructure for ABM battle management command,
control, and communications.
(3) An assessment of the production base of the United States
for production of the elements specified in subparagraphs (A),
(B), and (C) of paragraph (2), including an estimate of how
quickly the United States could respond to a breakout by the
Soviet Union in each of those elements.
(c) STUDY TO ASSESS POSSIBLE UNITED STATES RESPONSE TO SOVIET
BREAKOUT. -- (1) The study shall also include an assessment of the
immediate and long-term actions that could be taken by the United States
to respond to redress any asymmetry in the potential of the United
States and the Soviet Union to exploit a breakout by the Soviet Union
from the 1972 ABM Treaty.
(2) That assessment shall include an evaluation of the actions that
would be necessary to support --
(A) a one-site ABM system (as allowed under the Treaty); or
(B) an expanded ABM system unconstrained by the limitations of
the 1972 ABM Treaty.
(3) Such assessment shall specifically address the required actions,
and the costs associated with those actions, to support both the
one-site ABM system and the expanded ABM system to be evaluated under
paragraph (2), including (A) the upgrading and expansion of the existing
United States radar network, (B) the use of existing inactive ABM
components at Grand Forks, North Dakota, and (C) the development and
deployment of other required components.
(d) REPORT. -- Not later than the date on which the budget for
fiscal year 1991 is submitted to Congress pursuant to section 1105 of
title 31, United States Code, the Secretary of Defense shall submit to
Congress a report on the study under subsection (a). The report shall
be submitted in both classified and unclassified form. The report shall
specify the results of the study under subsection (a), including each
matter required to be included in the study under this section.
(e) WAIVER OF REQUIRED STUDY FEATURE. -- The study under subsection
(a) need not include the assessment referred to in subsection (b)(1) if,
before the date of the submission of the report required by subsection
(d) with respect to the study, the President submits to Congress the
report required by section 907 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2034), regarding
antiballistic missile capabilities and activities of the Soviet Union
(such report having been required by subsection (c) of such section to
be submitted not later than January 1, 1989).
(f) 1972 ABM TREATY DEFINED. -- For purposes of this section, the
term "1972 ABM Treaty" means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the Limitations
of Anti-Ballistic Missiles, signed at Moscow on May 26, 1972.
SEC. 1005. SENSE OF THE CONGRESS WITH RESPECT TO ACCIDENTAL LAUNCH
PROTECTION
(a) FINDINGS. -- Congress makes the following findings:
(1) The Strategic Defense Initiative (SDI) has made substantial
progress in developing technologies to defend the United States
from a possible ballistic missile attack, be it deliberate or
accidental.
(2) Ground-based elements and their associated adjuncts and
technologies represent the most mature technologies within the SDI
program and should therefore receive priority by the Strategic
Defense Initiative Organization.
(3) The United States is a signatory to the 1972 Anti-Ballistic
Missile Treaty.
(4) There have been several accidents involving ballistic
missiles, including the loss of a submarine of the Soviet Union
due to inadvertent missile ignition and the inadvertent landing in
China of a test missile of the Soviet Union.
(5) The continued proliferation of offensive ballistic missile
forces by non-superpower countries hostile to the United States
and our allies raises the possibility of future nuclear threats.
(b) REAFFIRMATION OF SENSE OF CONGRESS. -- Congress hereby reaffirms
the sense of Congress expressed in section 224(b) of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 1942) stating --
(1) that the Secretary of Defense should direct the Strategic
Defense Initiative Organization to give priority to development of
technologies and systems for a system capable of protecting the
United States from the accidental launch of a strategic ballistic
missile against the continental United States; and
(2) that such development of an accidental launch protection
system should be carried out with an objective of ensuring that
such system is in compliance with the 1972 Anti-Ballistic Missile
Treaty.
(c) SUBMISSION OF PREVIOUSLY REQUIRED REPORT. -- The Secretary of
Defense shall submit to Congress forthwith the report on the status of
planning for development of a deployment option for such an accidental
launch protection system that was required by section 224(c) of that Act
to be submitted not later than March 1, 1989.
SEC. 1006. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
THE KRASNOYARSK RADAR
(a) REAFFIRMATION OF PRIOR FINDINGS. -- Congress hereby reaffirms
the findings made with respect to the large phased-array radar of the
Soviet Union known as the "Krasnoyarsk radar" in paragraphs (1) through
(6) of section 902(a) of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1135), as
follows:
(1) The 1972 Anti-Ballistic Missile Treaty prohibits each party
from deploying ballistic missile early warning radars except at
locations along the periphery of its national territory and
oriented outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits each party
from deploying an ABM system to defend its national territory and
from providing a base for any such nationwide defense.
(3) Large phased-array radars were recognized during
negotiation of the Anti-Ballistic Missile Treaty as the critical
long lead-time element of a nationwide defense against ballistic
missiles.
(4) In 1983 the United States discovered the construction, in
the interior of the Soviet Union near the town of Krasnoyarsk, of
a large phased-array radar that has subsequently been judged to be
for ballistic early warning and tracking.
(5) The Krasnoyarsk radar is more than 700 kilometers from the
Soviet-Mongolian border and is not directed outward but instead
faces the northeast Soviet border more than 4,500 kilometers away.
(6) The Krasnoyarsk radar is identical to other Soviet
ballistic missile early warning radars and is ideally situated to
fill the gap that would otherwise exist in a nationwide Soviet
ballistic missile early warning radar network.
(b) FURTHER FINDINGS. -- In addition to the findings referred to in
subsection (a), Congress finds with respect to the Krasnoyarsk radar
that --
(1) in 1987 the President declared that radar to be a clear
violation of the 1972 Anti-Ballistic Missile Treaty;
(2) until the meeting between the Secretary of State and the
Foreign Minister of the Soviet Union at Jackson Hole, Wyoming, in
September 1989, the Soviet Union had rejected demands by the
United States that it dismantle that radar without conditions, but
the joint statement issued following that meeting states that the
government of the Soviet Union "had decided to completely
dismantle the Krasnoyarsk radar station"; and
(3) on October 23, 1989, the Foreign Minister of the Soviet
Union conceded that the Krasnoyarsk radar is a violation of the
1972 Anti-Ballistic Missile Treaty.
(c) SENSE OF CONGRESS. -- It is the sense of Congress --
(1) that the Soviet Union should dismantle the Krasnoyarsk
radar (as announced in the joint statement referred to in
subsection (b)(2)) expeditiously and without conditions; and
(2) that until such radar is completely dismantled it will
remain a clear violation of the 1972 Anti-Ballistic Missile
Treaty.
SEC. 1007. SENSE OF CONGRESS CONCERNING EXPLORING THE FEASIBILITY OF
TREATY LIMITATIONS ON WEAPONS CAPABLE OF THREATENING MILITARY SATELLITES
It is the sense of Congress that, as soon as practicable, the
President should explore the feasibility of a mutual and verifiable
treaty with the Soviet Union which places the strictest possible
limitations, consistent with the security interests of the United States
and its allies, on the development, testing, production, and deployment
of weapons capable of directly threatening United States military
satellites.
SEC. 1008. REPORT ON SATELLITE SURVIVABILITY
(a) REQUIREMENT FOR REPORT. -- The President shall submit to
Congress a comprehensive report on United States antisatellite weapon
activities and the survivability of United States satellites against
current and potential antisatellite weapons deployed by the Soviet
Union. The report shall be submitted by March 15, 1990, and shall be
submitted in both classified and unclassified versions.
(b) MATTERS TO BE INCLUDED IN REPORT. -- The report required by
subsection (a) shall include the following:
(1) Detailed information (including funding profiles, expected
capabilities, and schedules for development, testing, and
deployment) on all United States antisatellite weapon programs.
(2) An analysis of the antisatellite potential of the
anticipated deployed version of each Strategic Defense Initiative
technology capable of damaging or destroying objects in space.
(3) An assessment of the threat that would be posed to
satellites of the United States if the technologies described in
paragraphs (1) and (2) were to be tested by the Soviet Union, at
levels of performance equal to those intended by the United
States, and developed into weapons for damaging or destroying
objects in space.
(4) A review of arms control options and satellite
survivability measures (including cost data) that would improve
the survivability of current and future United States military
satellite systems.
(5) A review of alternative means of providing the support to
military forces of the United States that is currently provided by
United States satellites if those satellites become vulnerable to
attack as the result of the deployment by the Soviet Union of
antisatellite weapons with the levels of performance contemplated
in paragraph (3).
SEC. 1009. REPORT ON THE DESIRABILITY OF NEGOTIATIONS WITH THE
SOVIET UNION REGARDING LIMITATIONS ON ANTISATELLITE CAPABILITIES
(a) REPORT BY THE PRESIDENT. -- The President shall submit to
Congress a comprehensive report regarding the desirability of an
agreement with the Soviet Union to impose limitations on antisatellite
capabilities. The President shall include in such report his
determination of whether a ban or other limitations on some or all
antisatellite weapons would be verifiable and, if so, whether such a ban
or other limitation would be in the national interest of the United
States.
(b) MATTERS RELATING TO VERIFICATION. -- In making the determination
referred to in subsection (a), the President shall --
(1) consider the extent to which on-site inspection measures
(as well as national technical means for verification) can
increase confidence in the ability of the United States to monitor
and verify various agreed-upon antisatellite limitations; and
(2) examine various arms control possibilities, including --
(A) a total ban on antisatellite capability by both the United
States and the Soviet Union;
(B) a ban or other limitation on antisatellite weapons with the
potential to attack satellites at altitudes above the Van Allen
belt; and
(C) a ban or other limitation on antisatellite weapons that
operate only in low-Earth orbit.
(c) MATTERS RELATING TO DETERRENCE AND WAR FIGHTING REQUIREMENTS. --
In the report required by subsection (a), the President shall also
address the following:
(1) The contribution an antisatellite capability of the United
States can make toward enhancing deterrence.
(2) The contribution an antisatellite capability can make
toward meeting the war fighting requirements of the United States
and how such a capability enhances force survivability.
(3) The extent to which (based upon a net assessment) the
United States would be better able to meet its war fighting
requirements and deterrence objectives if --
(A) the Soviet Union possessed an antisatellite capability and
the United States did not possess an antisatellite capability;
(B) neither the United States nor the Soviet Union possessed an
antisatellite capability;
(C) the United States and the Soviet Union both possessed a
limited antisatellite capability;
(D) the United States and the Soviet Union both possessed an
unrestricted antisatellite capability.
(d) SUBMISSION OF REPORT. -- The report required by subsection (a)
shall be submitted to Congress not later than May 1, 1990, and shall be
submitted in both classified and unclassified versions.
SEC. 1010. REPORT ON VERIFICATION OF COMPLIANCE WITH AGREEMENTS TO
LIMIT NUCLEAR TESTING
(a) REPORT REQUIREMENT. -- The Secretary of Energy shall prepare a
report, in classified form, assessing the possible effects on the
abilities of the United States to verify compliance by the Soviet Union
with any agreement (presently in effect or under negotiation) to limit
testing of nuclear devices should any information or data now obtained
under any cooperative agreement with any controlled country and used to
verify the degree of such compliance be curtailed or become unavailable
due to a change in, or severing of, diplomatic relations with such a
controlled country. The report shall assess, in particular, whether
compliance by the Soviet Union with any such agreement to limit testing
of nuclear devices can be fully and reliably verified should such a
cooperative agreement be curtailed or terminated. The report shall be
prepared in consultation with the Secretary of Defense.
(b) SUBMISSION OF REPORT. -- The report prepared under subsection
(a) shall be submitted to Congress not later than six months after the
date of the enactment of this Act.
(c) CONTROLLED COUNTRY DEFINITION. -- For purposes of this section,
the term "controlled country" means a country listed in section
620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)).
SEC. 1011. SENSE OF CONGRESS ON ARMS CONTROL NEGOTIATIONS AND UNITED
STATES MODERNIZATION POLICY
(a) FINDINGS. -- Congress makes the following findings:
(1) The United States is currently engaged in a wide range of
arms control negotiations in the areas of strategic nuclear
forces, strategic defenses, conventional force levels, chemical
weapons, and security and confidence building measures.
(2) On May 30, 1989, the North Atlantic Treaty Organization
issued a "Comprehensive Concept on Arms Control and Disarmament"
which placed a special emphasis on arms control as a means of
enhancing security and stability in Europe.
(3) The President has stated that arms control is one of the
highest priorities of the United States in the area of security
and foreign policy and that the United States will pursue a
dynamic, active arms control dialogue with the Soviet Union and
the other Warsaw Pact countries.
(4) The United States has already made major proposals at the
Conventional Forces in Europe Talks, convened on March 6, 1989,
which would result in a dramatic reduction in Soviet and Warsaw
Pact conventional forces.
(5) The President, on September 25, 1989, made a major new arms
control proposal in the area of chemical weapons.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) the President is to be commended for pursuing a wide array
of arms control initiatives in the context of a multitude of arms
control negotiations, all of which have been designed to enhance
global security and result in meaningful, militarily significant
reductions in military forces;
(2) Congress fully supports the arms control efforts of the
President and encourages the government of the Soviet Union to
respond favorably to United States arms control proposals which
would require the Soviet Union to reduce its massive quantitative
superiority in military weaponry;
(3) the President should seek arms control agreements that
would not limit the United States to levels of forces inferior to
the limits provided for the Soviet Union; and
(4) the President's efforts to negotiate such agreements is
dependent upon the maintenance of a vigorous research and
development and modernization program as required for a prudent
defense posture.
(c) REAFFIRMATION OF PROHIBITION RELATING TO ENTERING INTO CERTAIN
ARMS CONTROL AGREEMENTS. -- Congress hereby reaffirms the proviso in
the first sentence of section 33 of the Arms Control and Disarmament Act
(22 U.S.C. 2573) that no action may be taken under that Act or any other
Act that will obligate the United States to disarm or to reduce or limit
the Armed Forces or armaments of the United States, except pursuant to
the treatymaking power of the President under the Constitution or unless
authorized by further affirmative legislation by the Congress.
SEC. 1012. REPORT ON EFFECT OF SPACE NUCLEAR REACTORS ON GAMMA-RAY
ASTRONOMY MISSIONS
Not later than April 30, 1990, the President shall submit to Congress
a report on the potential for interference with gamma-ray astronomy
missions that could be caused by the placement in Earth orbit of space
nuclear reactors.
SEC. 1013. SENSE OF CONGRESS ON CHEMICAL WEAPONS NEGOTIATIONS
(a) FINDINGS. -- Congress makes the following findings:
(1) The proliferation of chemical weapons and the repeated use
of chemical weapons represent a grave threat to the security and
interests of the United States.
(2) The most comprehensive and effective response to the threat
posed by the proliferation of chemical weapons is the completion
of an effectively verifiable treaty banning the production and
stockpiling of all chemical weapons.
(3) The successful completion of a treaty banning all chemical
weapons through the negotiations at the multinational United
Nations Conference on Disarmament in Geneva should be one of the
highest arms control priorities of the United States.
(b) SENSE OF CONGRESS. -- In light of the findings in subsection
(a), it is the sense of Congress that --
(1) the President should continue ongoing efforts to establish
an agreement with the Soviet Union and other countries
establishing a mutual and effectively verifiable agreement to stop
the production, proliferation, and stockpiling of all lethal
chemical weapons; and
(2) the United States negotiators in Geneva should take
concrete steps to initiate proposals regarding the composition of
the verification regime for such an agreement that will meet the
legitimate concerns of other parties while addressing the security
concerns of the United States.
SEC. 1014. UNITED STATES PROGRAM FOR ON-SITE INSPECTIONS UNDER ARMS
CONTROL AGREEMENTS
(a) "22 USC 2595 note" FINDINGS CONCERNING ON-SITE INSPECTION
PERSONNEL. -- Congress makes the following findings:
(1) The United States is currently engaged in multilateral and
bilateral negotiations seeking to achieve treaties or agreements
to reduce or eliminate various types of military weapons and to
make certain reductions in military personnel levels. These
negotiations include negotiations for (A) reductions in strategic
forces, conventional armaments, and military personnel levels, (B)
regimes for monitoring nuclear testing, and (C) the complete
elimination of chemical weapons.
(2) Requirements for monitoring these possible treaties or
agreements will be extensive and will place severe stress on the
monitoring capabilities of United States national technical means.
(3) In the case of the INF Treaty, the United States and the
Soviet Union negotiated, and are currently using, on-site
inspection procedures to complement and support monitoring by
national technical means. Similar on-site inspection procedures
are being negotiated for inclusion in possible future treaties and
agreements referred to in paragraph (1).
(4) During initial implementation of the provisions of the INF
Treaty, the United States was not fully prepared for the personnel
requirements for the conduct of on-site inspections. The Director
of Central Intelligence has stated that on-site inspection
requirements for any strategic arms reduction treaty or agreement
will be far more extensive than those for the INF Treaty. The
number of locations within the Soviet Union that would possibly be
subject to on-site inspections under a START agreement have been
estimated to be approximately 2,500 (compared to 120 for the INF
Treaty).
(5) On-site inspection procedures are likely to be an integral
part of any future arms control treaty or agreement.
(6) Personnel requirements will be extensive for such on-site
inspection procedures, both in terms of numbers of personnel and
technical and linguistic skills. Since verification requirements
for the INF Treaty are already placing severe stress on current
personnel resources, the requirements for verification under START
and other possible future treaties and agreements may quickly
exceed the current number of verification personnel having
necessary technical and language skills.
(7) There is a clear need for a database of the names of
individuals who are members of the Armed Forces or civilian
employees of the United States Government, or of other citizens
and nationals of the United States, who are qualified (by reason
of technical or language skills) to participate in on-site
inspections under an arms control treaty or agreement.
(8) The organization best suited to establish such a database
is the On-Site Inspection Agency (OSIA) of the Department of
Defense, which was created by the President to implement (for the
United States) the on-site inspection provisions of the INF
Treaty.
(b) STATUS OF THE OSIA. -- (1) Congress finds that --
(A) the Director of the OSIA (currently a brigadier general of
the Army) is appointed by the Secretary of Defense with the
concurrence of the Secretary of State and the approval of the
President;
(B) the Secretary of Defense provides to the Director
appropriate policy guidance formulated by the interagency arms
control mechanism established by the President;
(C) most of the personnel of the OSIA are members of the Armed
Forces (who are trained and paid by the military departments
within the Department of Defense) and include linguists, weapons
specialists, and foreign area specialists;
(D) the Department of Defense provides the OSIA with
substantially all of its administrative and logistic support
(including military air transportation for inspections in the
Soviet Union and Eastern Europe); and
(E) the facilities in Europe and the United States at which
OSIA personnel escort personnel of the Soviet Union conducting
inspections under the on-site inspection terms of the INF Treaty
are under the jurisdiction of the Department of Defense (or under
the jurisdiction of entities that are contractors with the
Department of Defense).
(2) In light of the findings in paragraph (1) and the report
submitted pursuant to section 909 of Public Law 100-456 entitled "Report
to the Congress on U.S. Monitoring and Verification Activities Related
to the INF Treaty" (submitted on July 27, 1989), Congress hereby
determines that by locating the On-Site Inspection Agency within the
Department of Defense for the purposes of administrative and logistic
support and operational guidance, and integrating on-site inspection
responsibilities under the INF Treaty with existing organizational
activities of that Department, the President has been able to ensure
that sensitive national security assets are protected and that
obligations of the United States under that treaty are fulfilled in an
efficient and cost-effective manner.
(c) ESTABLISHMENT OF PERSONNEL DATABASE. -- (1) In light of the
findings in subsection (a), the Director of the On-Site Inspection
Agency shall establish a database consisting of the names of individuals
who could be assigned or detailed (in the case of Government personnel)
or employed (in the case of non-Government personnel) to participate in
the conduct of on-site inspections under any future arms control treaty
or agreement that includes provisions for such inspections.
(2) The database should be composed of the names of individuals with
skills (including linguistic and technical skills) necessary for the
conduct of on-site inspections.
(d) INF TREATY DEFINED. -- For purposes of this section, the term
"INF Treaty" means the Treaty Between the United States and the Union of
Soviet Socialist Republics on the Elimination of Their
Intermediate-Range and Shorter-Range Missiles, signed in Washington, DC,
on December 8, 1987.
SEC. 1101. STUDY OF TOTAL FORCE POLICY, FORCE MIX, AND MILITARY
FORCE STRUCTURE
(a) FINDINGS. -- Congress makes the following findings:
(1) Since the inception of the Total Force Policy in the
Department of Defense in 1973, there has never been a
comprehensive, authoritative study done by the Department on the
operation and effectiveness of that policy.
(2) Decisions within the Department of Defense with respect to
military force mix appear to be made in a fragmented and
decentralized manner.
(3) A comprehensive study of the Total Force Policy, force mix,
and military force structure is long overdue.
(b) STUDY. -- (1) The Secretary of Defense shall convene a study
group to review the operation, effectiveness, and soundness of the
following policies and practices of the Department of Defense and to
make recommendations to the Secretary for improvement of those policies
and practices:
(A) The Total Force Policy.
(B) Assignment of missions within and between the active and
reserve components of the armed forces.
(C) Force structure of the active and reserve components of the
armed forces.
(2) The study group shall include --
(A) senior-level active-duty officers from each branch of the
armed forces;
(B) senior-level reserve-component officers from each of the
seven reserve components;
(C) civilian officials of the Department of Defense; and
(D) such participants from outside the Department of Defense as
the Secretary considers appropriate.
(3) The Chairman of the Joint Chiefs of Staff shall provide such
joint staff support to the study group as necessary. He shall
participate in the activities of the study group in accordance with the
provisions of section 153 of title 10, United States Code, including the
responsibility to assess the conformance of manpower programs and
policies with strategic plans and to advise the study group about the
extent to which program recommendations and budget proposals conform
with the priorities established in strategic plans and for the combatant
commands.
(4) The Secretary shall ensure that the study group, in carrying out
its duties and responsibilities, has access to federally funded research
centers (FFRCs) and other necessary support.
(5) The Secretary of Defense shall consult with the Secretary of
Transportation with respect to the functions of the study group insofar
as they relate to the Selected Reserve of the Coast Guard Reserve.
(6) Meetings of the study group may be closed to the public in
connection with the consideration of classified material.
(c) MATTERS TO BE CONSIDERED. -- (1) In carrying out the study
required by subsection (a), the study group shall evaluate and make
recommendations to the Secretary concerning each of the following
matters (with each such matter to be evaluated separately insofar as it
relates to each policy or practice set forth in subparagraphs (A)
through (C) of subsection (b)(1)):
(1) With respect to the Total Force Policy of the Department of
Defense, the basic tenets of that policy, how well that policy has
been implemented, and what changes (if any) are desirable to
improve upon that policy and its implementation.
(2) The effectiveness of the existing chain of management and
command responsibility in evaluating and integrating force
requirements among the armed forces, and between the active
components and the reserve components.
(3) The extent to which officials responsible for such
evaluation and integration of force requirements currently (and
should in the future) participate in the budget and resource
allocation processes of the Department of Defense.
(4) The adequacy of the methodology used by the Department of
Defense in the assignment of missions between the active and
reserve components and, within each active and reserve component,
the assignment of missions among various major types of units,
including --
(A) the extent to which that methodology includes the use of
cost-benefit analyses; and
(B) the methodology for the manner by which force reductions
are distributed within individual units and between active and
reserve components.
(5) The scope and size of force reductions with respect to
major units (such as air wings, carrier groups, and divisions)
that would result in an irreversible change of the capability of
those units to perform assigned missions, with emphasis on
considerations such as mobilization, loss of skilled manpower,
equipment, and training.
(d) ADDITIONAL MATTERS TO BE CONSIDERED. -- (1) In carrying out its
study and making its recommendations, the study group shall also
evaluate the process by which decisions within the Department of Defense
respecting force mix and force structure are made with regard to the
readiness, sustainability, and overall mission capability of the active
and reserve forces. The study group shall also consider whether the
Department of Defense has a cogent strategy for making such decisions
with respect to force mix that anticipates a substantially smaller
military force structure in the future and whether the Department has
developed a system for regular and systematic top-level evaluation of
decisions respecting force mix or reductions in force structure.
(2) In carrying out the evaluation required by paragraph (1), the
study group shall consider (among other matters it considers
appropriate) the following:
(A) The optimal structure of military forces required to meet
the threat as described in net assessments prepared pursuant to
section 153 of title 10, United States Code, taking into account
currently available and projected budget resources.
(B) The appropriateness of the missions that have been assigned
to major units (such as air wings, carrier groups, and divisions)
in each of the active and reserve components in view of the status
of those units with respect to personnel and equipment resources
and training systems.
(C) The response times for the deployment of such units in the
event of a mobilization.
(D) An evaluation of the readiness and sustainability of each
of the active and reserve components and of the contributions of
each such component to the overall military capability of the
United States.
(E) The extent to which the active and reserve component units
that are identified for use during the first 30 days of a
mobilization are prepared to undertake wartime missions (as
measured against the standards established by the Chairman of the
Joint Chiefs of Staff in accordance with section 153 of title 10,
United States Code), the reasons for any lack of preparedness for
such missions, and recommendations for measures that would be
necessary for those units to become fully mission capable.
(F) The adequacy of equipment distribution and modernization in
the active and reserve components, including consideration of the
importance of prepositioning of light and heavy equipment in the
mobilization process.
(G) The adequacy of the current base of military personnel and
equipment available for short notice rotation and deployment in
order to meet worldwide defense commitments.
(H) The capability of each component of the active and reserve
forces to meet assigned and projected missions at each step in the
mobilization process and the adequacy of current airlift and
sealift capability.
(I) The resources (including funds) needed for sufficient
personnel, equipment, and training to achieve desired force
structure and mission capability in both the active and reserve
components.
(J) The capability of the active and reserve components,
jointly and separately, to respond to mobilization requirements at
each stage of the mobilization process.
(d) REPORTS. -- (1) The study group shall submit to the Secretary of
Defense an interim report on its findings and recommendations at such
time as the Secretary may require, but not later than September 1, 1990.
The Secretary shall submit the interim report to the Committees on
Armed Services of the Senate and the House of Representatives not later
than September 15, 1990.
(2) The study group shall submit its final report, including its
findings and recommendations, to the Secretary not later than December
1, 1990. The Secretary shall submit the final report of the study
group, together with any comment and recommendation of the Secretary, to
those committees not later than December 31, 1990.
(e) LIMITATION ON OBLIGATION OF CERTAIN FUNDS IF REPORTS SUBMITTED
LATE. -- If either of the reports required by subsection (d) is not
submitted to those committees by the date specified in that subsection
for the report to be submitted, the Secretary of Defense may not, on or
after that date, obligate any funds for a new contract for advisory,
consultant, or assistance services until the report is submitted.
SEC. 1102. STUDIES OF CLOSE SUPPORT FOR LAND FORCES
(a) SECRETARY OF DEFENSE STUDY. -- The Secretary of Defense shall
conduct a study of close support, including close air support.
(b) CONTRACTOR STUDY. -- In conducting the study required by
subsection (a), the Secretary shall provide for a study to be conducted
by the Institute for Defense Analysis, a Federal contract research
center. The Institute shall submit a report to the Secretary on such
study at such time before March 1, 1990, as the Secretary may require.
(c) JCS STUDY. -- The Chairman of the Joint Chiefs of Staff shall
conduct a study of close support, including close air support. The
Chairman shall submit a report to the Secretary of Defense on such study
at such time before March 1, 1990, as the Secretary may require.
(d) STUDIES TO BE INDEPENDENT. -- Each study under subsections (a),
(b), and (c) shall be conducted independently of the others.
(e) MATTERS TO BE INCLUDED. -- The studies conducted under
subsections (a), (b), and (c) shall include consideration of each of the
following:
(1) The nature of the present, and anticipated future,
battlefield across a representative set of conflict levels.
(2) The requirements of the land force for close support across
this representative set of conflict levels in terms of targets and
time, including the lessons of recent combat experience.
(3) With regard to the battlefields and close support
requirements identified pursuant to paragraphs (1) and (2), the
current and anticipated ground and air systems capable of meeting
these requirements.
(4) With regard to these major systems, their significant
characteristics in terms of effectiveness, integration with
allies, command and control, survivability, and life-cycle cost.
(5) The implications (in terms of roles and missions) of the
selection of, or failure to select, each of these major systems as
part of an appropriate force structure.
(f) REPORT TO CONGRESS. -- The Secretary of Defense shall submit to
Congress a report on the studies conducted under this section. The
report shall include --
(1) the findings, conclusions, and recommendations of the
Secretary in the study conducted by the Secretary under subsection
(a) with respect to each of the matters set forth in subsection
(e);
(2) copies of the reports to the Secretary under subsections
(b) and (c), including the findings, conclusions, and
recommendations contained in those reports; and
(3) such comments on those reports as the Secretary considers
appropriate.
(g) TIME FOR SUBMISSION. -- The report required under subsection (f)
shall be submitted not later than March 1, 1990.
(h) CLOSE AIR SUPPORT DEFINED. -- For purposes of this section, the
term "close air support", as defined in Joint Chiefs of Staff
Publication 1, dated June 1, 1987, means air action against hostile
targets which are in close proximity to friendly forces and which
require detailed integration of each air mission with the fire and
movement of those forces.
SEC. 1103. STRATEGIC AIR DEFENSE ALERT MISSION
(a) READINESS OF AIR NATIONAL GUARD UNITS. -- The Secretary of
Defense shall ensure that those units of the Air National Guard that are
assigned to carry out the strategic air defense mission in the northern
portion of the United States retain the capability to generate and
maintain a readiness posture that meets the needs of all operations
plans of the North American Aerospace Defense Command (NORAD).
(b) FISCAL YEAR 1990 LIMITATION. -- During fiscal year 1990, the
Secretary of Defense may not reduce the man years or flying hours of the
units described in subsection (a).
(c) REPORT. -- Not later than March 1, 1990, the Secretary of the
Air Force shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the strategic air defense alert
mission. The report shall describe the following:
(1) The rationale and goals for the strategic air defense
modernization program undertaken jointly by the United States and
Canada.
(2) The operational requirements of NORAD in crisis and wartime
for generating and forward deploying air defense forces of the Air
National Guard based in the northern portion of the United States.
(3) The plans of the Air Force for maintaining the readiness of
aircraft, flight crews, maintenance personnel, control tower
personnel, and security forces of the air defense units described
in subsection (a) to implement NORAD operations plans.
(4) The plans of the Air Force for transitioning from current
interceptor aircraft and current peacetime unit alert mission and
training practices to new aircraft and new unit alert mission and
training practices, including the effect of such transition on
unit manning levels and combat mission readiness.
(5) The current ability of the forward operating bases in
Canada to accommodate forward deployment of air defense units on a
sustained basis and plans of the Air Force for the improvement of
such bases.
(6) The current and planned radars, intercept systems,
communications systems, and command elements (together with
deployment schedules for those which are planned) that are
intended to detect, identify, track, and intercept intruders into
northern Canadian airspace during peacetime, during periods of
heightened tension, and during hostilities.
(d) REPEAL. -- Section 713 of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1998), is
repealed.
SEC. 1104. SENSE OF CONGRESS CONCERNING REASSIGNMENT OF UNITS FROM
FORT KNOX, KENTUCKY, TO FORT IRWIN, CALIFORNIA
It is the sense of Congress that any combat unit of battalion or
squadron size (or larger size) that on the date of the enactment of this
Act is stationed at Fort Knox, Kentucky, shall not be permanently
reassigned to Fort Irwin, California.
SEC. 1111. ADDITIONAL FUNDING FOR UNIFIED AND SPECIFIED COMBATANT
COMMANDS FOR FISCAL YEAR 1990
Of the funds authorized to be appropriated pursuant to section 301
for the Defense Agencies for fiscal year 1990, $25,000,000 shall be
available for the establishment of a fund under the management of the
Chairman of the Joint Chiefs of Staff for use in response to the request
of a commander of a unified or specified combatant command for
additional funding of the following activities:
(1) Joint exercises (including foreign country participation).
(2) Force training.
(3) Contingencies.
(4) Selected operations.
(5) Command and control.
(6) Military education and training to military and related
civilian personnel of foreign countries.
(7) Personnel expenses of defense personnel for bilateral or
regional cooperation programs.
SEC. 1112. CORRECTION OF PAY GRADE FOR NEW ASSISTANT SECRETARY OF
THE AIR FORCE
Section 5315 of title 5, United States Code, is amended by striking
out "(3)" after "Assistant Secretaries of the Air Force" and inserting
in lieu thereof "(4)".
SEC. 1113. CLARIFICATION OF REQUIREMENT FOR COMPLETION OF FULL TOUR
OF DUTY AS QUALIFICATION FOR SELECTION AS A JOINT SPECIALTY OFFICER
Section 661(c) of title 10, United States Code, is amended by
striking out "(as described in section 664 (f)(1) or (f)(3) of this
title)" in paragraphs (1)(B) and (3)(A) and inserting in lieu thereof
"(as described in section 664(f) of this title (other than in paragraph
(2) thereof))".
SEC. 1121. REPORTS RELATING TO COURSES OF INSTRUCTION AT CERTAIN
PROFESSIONAL MILITARY EDUCATION SCHOOLS AND PROFESSIONAL MILITARY
EDUCATION REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG GRADE
(a) SERVICE SECRETARIES REPORTS. -- (1) The Secretary of each
military department shall submit to the Secretary of Defense a report --
(A) evaluating the principal courses of instruction at each
intermediate or senior professional military education school
operated by that department in light of the mission of that
school; and
(B) recommending the appropriate duration for those courses and
the level and courses of professional military education that
should be required before an officer is selected for promotion to
the grade of brigadier general or, in the case of the Navy, rear
admiral (lower half).
(2) The reports required by paragraph (1) shall be prepared
independently of the report required by subsection (b) and independently
of each other.
(3) The reports required by paragraph (1) shall be submitted at such
time as may be required by the Secretary of Defense.
(b) SECRETARY OF DEFENSE REPORT. -- (1) The Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report --
(A) containing copies of the reports submitted to the Secretary
under subsection (a), together with such comments on each report
as the Secretary considers appropriate;
(B) evaluating the principal courses of instruction at each
intermediate or senior professional military education school in
light of the mission of that school; and
(C) recommending the appropriate duration for those courses and
the level and types of professional military education that should
be required before an officer is selected for promotion to the
grade of brigadier general or, in the case of the Navy, rear
admiral (lower half).
(2) The report required by paragraph (1) shall be submitted not later
than April 2, 1990.
(c) OTHER MATTERS TO BE INCLUDED IN REPORTS. -- The reports required
by subsection (a) and subsection (b) shall include a discussion of the
following:
(1) The implications of establishing by law a minimum length of
10 months duration for the principal courses of instruction at
each intermediate or senior professional military education
school.
(2) The implications of requiring by law, beginning January 1,
1999, that a prerequisite for selection of an officer for
promotion to the grade of brigadier general or, in the case of the
Navy, rear admiral (lower half) shall be graduation from an
intermediate professional military education school and a senior
professional military education school.
(3) The practicability of providing that --
(A) the promotion eligibility of an officer may not be
adversely affected by the attendance of the officer at a
professional military education course of 10 months or more at an
intermediate or senior professional military education school;
and
(B) an officer who attends a professional military education
course of 10 months or more at an intermediate or senior
professional military education school shall be entitled to an
additional year of service for each such course to prevent
prejudice when considering the officer for discharge or retirement
pursuant to subchapter III of chapter 36 of title 10, United
States Code --
(i) for failure of selection for promotion; or
(ii) for years of service.
(d) INTERMEDIATE OR SENIOR PROFESSIONAL MILITARY EDUCATION SCHOOL
DEFINED. -- For purposes of this section, the term "intermediate or
senior professional military education school" means any of the
following:
(1) The Army War College.
(2) The College of Naval Warfare.
(3) The Air War College.
(4) The United States Army Command and General Staff College.
(5) The College of Naval Command and Staff.
(6) The Air Command and Staff College.
(7) The Marine Corps Command and Staff College.
SEC. 1122. CLARIFICATION REGARDING SCHOOLS THAT ARE JOINT
PROFESSIONAL MILITARY EDUCATION SCHOOLS FOR PURPOSES OF QUALIFICATION OF
OFFICERS FOR JOINT SPECIALTY
Section 661(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
"(4) For purposes of this chapter, a school that is organized within,
and operated by, a military department may not be construed to be a
joint professional military education school.".
SEC. 1123. PROFESSIONAL MILITARY EDUCATION IN JOINT MATTERS
(a) EXISTING EFFORTS TO IMPROVE PROFESSIONAL MILITARY EDUCATION. --
(1) The Goldwater-Nichols Department of Defense Reorganization Act of
1986 (Public Law 99-433; 100 Stat. 992) mandated --
(A) the strengthening of the focus on joint matters in courses
of instruction offered by professional military education schools
operated by the military departments; and
(B) the maintenance of rigorous standards at joint professional
military education schools for the education of joint specialty
officers.
(2) Congress applauds the actions taken since 1986 by the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff, consistent
with such mandate, to improve professional military education provided
by intermediate and senior professional military education schools.
(b) STATEMENT OF CONGRESSIONAL POLICY. -- As part of the efforts of
the Secretary of Defense to improve professional military education,
Congress urges, as a matter of policy, and fully expects the Secretary
to establish the following:
(1) A coherent and comprehensive framework for the education of
officers, including officers nominated for the joint specialty.
(2) A two-phase approach to strengthening the focus on joint
matters, as follows:
(A) Phase I instruction consisting of a joint curriculum, in
addition to the principal curriculum taught to all officers at
service-operated professional military education schools.
(B) Phase II instruction consisting of a follow-on, solely
joint curriculum taught at the Armed Forces Staff College to
officers who are expected to be selected for the joint specialty.
The curriculum should emphasize multiple "hands on" exercises and
must adequately prepare students to perform effectively from the
outset in what will probably be their first exposure to a totally
new environment, an assignment to a joint, multiservice
organization. Phase II instruction should be structured so that
students progress from a basic knowledge of joint matters learned
in Phase I to the level of expertise necessary for successful
performance in the joint arena.
(3) A sequenced approach to joint education in which the norm
would require an officer to complete Phase I instruction before
proceeding to Phase II instruction. An exception to the normal
sequence should be granted by the Chairman of the Joint Chiefs of
Staff only on a case-by-case basis for compelling cause. Officers
selected to receive such an exception should be required to
demonstrate a basic knowledge of joint matters and other aspects
of the Phase I curriculum that qualifies them to meet the minimum
requirements established for entry into Phase II instruction
without first completing Phase I instruction. The number of
officers selected to attend an offering of the principal course of
instruction at the Armed Forces Staff College who have not
completed Phase I instruction should comprise only a small portion
of the total number of officers selected.
(c) DURATION OF PRINCIPAL COURSE OF INSTRUCTION AT THE ARMED FORCES
STAFF COLLEGE. -- (1) Section 663 of title 10, United States Code, is
amended by adding at the end the following new subsection:
"(e) DURATION OF PRINCIPAL COURSE OF INSTRUCTION AT ARMED FORCES
STAFF COLLEGE. -- The duration of the principal course of instruction
offered at the Armed Forces Staff College may not be less than three
months.".
(2) Subsection (e) of such section, as added by paragraph (1), shall
be implemented by the Secretary of Defense not later than two years
after the date of the enactment of this Act.
(d) INFORMATION REGARDING STUDENTS ATTENDING THE ARMED FORCES STAFF
COLLEGE. -- Section 667 of such title is amended --
(1) by redesignating paragraph (17) as paragraph (18); and
(2) by inserting after paragraph (16) the following new
paragraph:
"(17) With regard to each time the principal course of
instruction at the Armed Forces Staff College is offered --
"(A) the number of officers selected to attend that course who
did not first complete while in residence at a professional
military education school operated by a military department the
principal course of instruction offered at that school;
"(B) the number of those officers as a percentage of all
officers who attended that course of instruction at the Armed
Forces Staff College;
"(C) a description of the different reasons why officers were
selected to attend that course without first attending the
principal course of instruction offered at a professional military
education school operated by a military department; and
"(D) the number of officers so selected for each such reason.".
(e) JOINT MATTERS DEFINED. -- For purposes of this section, the term
"joint matters" has the meaning given to that term in section 668(a) of
title 10, United States Code.
SEC. 1124. EMPLOYMENT OF CIVILIAN FACULTY MEMBERS AT PROFESSIONAL
MILITARY EDUCATION SCHOOLS
(a) NATIONAL DEFENSE UNIVERSITY. -- (1) Chapter 81 of title 10,
United States Code, is amended by adding after section 1594 (as added by
section 664(b)) the following new section:
"Section 1595. National Defense University: civilian faculty
members
"(a) AUTHORITY OF SECRETARY. -- The Secretary of Defense may employ
as many civilians as professors, instructors, and lecturers at the
National Defense University as the Secretary considers necessary.
"(b) COMPENSATION OF FACULTY MEMBERS. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS. -- This section shall
apply with respect to persons who are selected by the Secretary for
employment as professors, instructors, and lecturers at the National
Defense University after the end of the 90-day period beginning on the
date of the enactment of this section.
"(d) NATIONAL DEFENSE UNIVERSITY DEFINED. -- In this section, the
term 'National Defense University' includes the National War College,
the Armed Forces Staff College, and the Industrial College of the Armed
Forces.".
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 1594 (as added by section
664(b)) the following new item:
"1595. National Defense University: civilian faculty members.".
(b) ARMY WAR COLLEGE AND UNITED STATES ARMY COMMAND AND GENERAL STAFF
COLLEGE. -- (1) Chapter 373 of title 10, United States Code, is amended
by inserting after the table of sections the following new section:
"Section 4021. Army War College and United States Army Command and
General Staff College: civilian faculty members
"(a) AUTHORITY OF SECRETARY. -- The Secretary of the Army may employ
as many civilians as professors, instructors, and lecturers at the Army
War College or the United States Army Command and General Staff College
as the Secretary considers necessary.
"(b) COMPENSATION OF FACULTY MEMBERS. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS. -- (1) Except as
provided in paragraph (2), this section shall apply with respect to
persons who are selected by the Secretary for employment as professors,
instructors, and lecturers at the Army War College or the United States
Army Command and General Staff College after the end of the 90-day
period beginning on the date of the enactment of this section.
"(2) This section shall not apply with respect to professors,
instructors, and lecturers employed at the Army War College or the
United States Army Command and General Staff College if the duration of
the principal course of instruction offered at the college involved is
less than 10 months.".
(2) The table of sections at the beginning of such chapter is amended
by inserting before the item relating to section 4024 the following new
item:
"4021. Army War College and United States Army Command and General
Staff College: civilian faculty members.".
(c) NAVAL WAR COLLEGE AND MARINE CORPS COMMAND AND STAFF COLLEGE. --
(1) Section 7478 of title 10, United States Code, is amended to read as
follows:
"Section 7478. Naval War College and Marine Corps Command and Staff
College: civilian faculty members
"(a) AUTHORITY OF SECRETARY. -- The Secretary of the Navy may employ
as many civilians as professors, instructors, and lecturers at a school
of the Naval War College or at the Marine Corps Command and Staff
College as the Secretary considers necessary.
"(b) COMPENSATION OF FACULTY MEMBERS. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS. -- This section shall
not apply with respect to professors, instructors, and lecturers
employed at a school of the Naval War College or at the Marine Corps
Command and Staff College if the duration of the principal course of
instruction offered at the school or college involved is less than 10
months.".
(2) The item relating to such section in the table of sections at the
beginning of chapter 643 of such title is amended to read as follows:
"7478. Naval War College and Marine Corps Command and Staff College:
civilian faculty members.".
(d) AIR UNIVERSITY. -- (1) Chapter 873 of title 10, United States
Code, is amended by inserting after the table of sections the following
new section:
"Section 9021. Air University: civilian faculty members
"(a) AUTHORITY OF SECRETARY. -- The Secretary of the Air Force may
employ as many civilians as professors, instructors, and lecturers at a
school of the Air University as the Secretary considers necessary.
"(b) COMPENSATION OF FACULTY MEMBERS. -- The compensation of persons
employed under this section shall be as prescribed by the Secretary.
"(c) APPLICATION TO CERTAIN FACULTY MEMBERS. -- (1) Except as
provided in paragraph (2), this section shall apply with respect to
persons who are selected by the Secretary for employment as professors,
instructors, and lecturers at a school of the Air University after the
end of the 90-day period beginning on the date of the enactment of this
section.
"(2) This section shall not apply with respect to professors,
instructors, and lecturers employed at a school of the Air University if
the duration of the principal course of instruction offered at that
school is less than 10 months.".
(2) The table of sections at the beginning of such chapter is amended
by inserting before the item relating to section 9025 the following new
item:
"9021. Air University: civilian faculty members.".
(e) CONFORMING AMENDMENTS. -- Section 5102(c)(10) of title 5, United
States Code, is amended --
(1) by inserting after "(10)" the following: "civilian
professors, instructors, and lecturers at a professional military
education school whose pay is fixed under section 1595, 4021,
7478, or 9021 of title 10;";
(2) by striking out "the Naval War College and"; and
(3) by striking out "sections 6952 and 7478" and inserting in
lieu thereof "section 6952".
SEC. 1131. ONE-YEAR EXTENSION OF AUTHORITY OF BASE COMMANDERS OVER
CONTRACTING FOR COMMERCIAL ACTIVITIES
(a) IN GENERAL. -- (1) Chapter 146 of title 10, United States Code,
is amended by adding at the end the following new section:
"Section 2468. Military installations: authority of base commanders
over contracting for commercial activities
"(a) AUTHORITY OF BASE COMMANDER. -- The Secretary of Defense shall
direct that the commander of each military installation shall have the
authority and the responsibility to enter into contracts in accordance
with this section for the performance of a commercial activity on the
military installation.
"(b) YEARLY DUTIES OF BASE COMMANDER. -- To enter into a contract
under subsection (a) for a fiscal year, the commander of a military
installation shall --
"(1) prepare an inventory for that fiscal year of commercial
activities carried out by Government personnel on the military
installation;
"(2) decide which commercial activities shall be reviewed under
the procedures and requirements of Office of Management and Budget
Circular A-76 (or any successor administrative regulation or
policy); and
"(3) conduct a solicitation for contracts for the performance
of those commercial activities selected for conversion to
contractor performance under the Circular A-76 process.
"(c) LIMITATIONS. -- (1) The Secretary of Defense shall prescribe
regulations under which the commander of each military installation may
exercise the authority and responsibility provided under subsection (a).
"(2) The authority and responsibility provided under subsection (a)
are subject to the authority, direction, and control of the Secretary.
"(d) ASSISTANCE TO DISPLACED EMPLOYEES. -- If the commander of a
military installation enters into a contract under subsection (a), the
commander shall, to the maximum extent practicable, assist in finding
suitable employment for any employee of the Department of Defense who is
displaced because of that contract.
"(e) MILITARY INSTALLATION DEFINED. -- In this section, the term
'military installation' means a base, camp, post, station, yard, center,
or other activity under the jurisdiction of the Secretary of a military
department which is located within the United States, the Commonwealth
of Puerto Rico, or Guam.
"(f) TERMINATION OF AUTHORITY. -- The authority provided to
commanders of military installations by subsection (a) shall terminate
on September 30, 1990.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2468. Military installations: authority of base commanders over
contracting for commercial activities.".
(b) EFFECTIVE DATE. -- Section 2468 of title 10, United States Code
(as added by subsection (a)), shall take effect as of October 1, 1989.
SEC. 1132. EXCEPTION FROM COST COMPARISON PROCEDURES FOR PURCHASE OF
PRODUCTS AND SERVICES OF THE BLIND AND OTHER SEVERELY HANDICAPPED
INDIVIDUALS
Section 2461 of title 10, United States Code, is amended --
(1) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
"(e) WAIVER FOR THE PURCHASE OF PRODUCTS AND SERVICES OF THE BLIND
AND OTHER SEVERELY HANDICAPPED PERSONS. -- Subsections (a) through (c)
shall not apply to a commercial or industrial type function of the
Department of Defense that --
"(1) is included on the procurement list established pursuant
to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly
referred to as the Wagner-O'Day Act; or
"(2) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped persons in accordance with that
Act.".
SEC. 1133. COMMERCIAL ACTIVITIES STUDY FOR BASE SUPPORT OPERATIONS
AT FORT BENJAMIN HARRISON
(a) STUDY REQUIRED. -- Commercial activities carried out by
Government personnel at Fort Benjamin Harrison, Indiana, may not be
converted to performance by private contractor under the procedures and
requirements of Office of Management and Budget Circular A-76 (or any
successor administrative regulation or policy) until the Secretary of
the Army completes a new commercial activities study for the military
installation.
(b) CONTENT OF STUDY. -- The commercial activities study referred to
in subsection (a) shall include --
(1) work-load data through fiscal year 1989; and
(2) sufficient data regarding the commercial activities
examined for possible conversion to performance by private
contractor to permit the use of fixed-price contracts for those
commercial activities selected for conversion.
SEC. 1134. EVALUATION AND REPORT ON COMMERCIAL ACTIVITIES STUDY AT
THE NIAGARA FALLS AIR FORCE RESERVE BASE
(a) EVALUATION AND REPORT REQUIRED. -- Commercial activities carried
out by Government personnel at the Niagara Falls Air Force Reserve Base,
New York, may not be converted to performance by private contractor
under the procedures and requirements of Office of Management and Budget
Circular A-76 (or any successor administrative regulation or policy)
until completion of the following:
(1) The Comptroller General of the United States --
(A) evaluates the accuracy of the most recently completed
commercial activities study for the Niagara Falls Air Force
Reserve Base, including an analysis of comparable situations at
other military installations in the United States; and
(B) submits to the Secretary of the Air Force a report
describing the results of such evaluation.
(2) The Secretary of the Air Force submits to the Committees on
Armed Services of the Senate and House of Representatives a report
containing --
(A) a copy of the report submitted by the Comptroller General;
(B) such comments on the report as the Secretary considers
appropriate; and
(C) a determination by the Secretary regarding the desirability
of converting commercial activities at the Niagara Falls Air Force
Reserve Base to performance by private contractor.
(b) DEADLINE FOR SUBMISSION OF REPORT. -- The report required by
subsection (a)(2) shall be submitted not later than 60 days after the
date of the enactment of this Act.
SEC. 1201. FUNDING FOR MILITARY DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES
(a) IN GENERAL. -- (1) Of the amounts appropriated pursuant to this
Act for the Department of Defense for fiscal year 1990, not more than
$450,000,000 shall be available from the sources and in the amounts
specified in paragraph (2) for carrying out the drug interdiction and
counter-drug activities provided for in this title.
(2) The amounts and sources referred to in paragraph (1) are as
follows:
(A) $182,000,000 of the amounts appropriated pursuant to title
I for fiscal year 1990.
(B) $28,000,000 of the amounts appropriated pursuant to title
II for fiscal year 1990.
(C) $235,000,000 of the amounts appropriated pursuant to title
III for fiscal year 1990.
(D) $5,000,000 of the amounts appropriated pursuant to division
B for land acquisition and construction.
(b) OPERATIONS OF THE DEPARTMENT OF DEFENSE. -- Of the amount made
available under subsection (a), $284,000,000 shall be available to carry
out the mission of the Department of Defense relating to drug
interdiction and counter-drug activities (other than purposes specified
in subsections (c) through (g)).
(c) NATIONAL GUARD. -- Of the amount made available under subsection
(a), $70,000,000 shall be available to provide funds under section 1207
for the purpose of drug interdiction by, and counter-drug activities of,
the National Guard.
(d) INTEGRATION OF C3I ASSETS. -- Of the amount made available under
subsection (a), $27,000,000 shall be available to carry out the
activities of the Department of Defense under section 1204.
(e) RESEARCH AND DEVELOPMENT. -- Of the amount made available under
subsection (a), $28,000,000 shall be available to carry out research and
development activities referred to in section 1205.
(f) CIVIL AIR PATROL. -- Of the amount made available under
subsection (a), $1,000,000 shall be available to support Civil Air
Patrol activities under section 1209.
(g) OTHER ASSISTANCE. -- Of the amount made available under
subsection (a), $40,000,000 shall be available to carry out the
authority of the Secretary under section 1212 to provide additional
counter-drug support to civilian agencies.
SEC. 1202. DEPARTMENT OF DEFENSE AS LEAD AGENCY FOR THE DETECTION
AND MONITORING OF AERIAL AND MARITIME TRANSIT OF ILLEGAL DRUGS
(a) FUNCTION OF DEPARTMENT OF DEFENSE. -- (1) Chapter 3 of title 10,
United States Code, is amended by inserting after section 123 the
following new section:
"Section 124. Detection and monitoring of aerial and maritime
transit of illegal drugs: Department of Defense to be lead agency
"(a) LEAD AGENCY. -- The Department of Defense shall serve as the
single lead agency of the Federal Government for the detection and
monitoring of aerial and maritime transit of illegal drugs into the
United States.
"(b) PERFORMANCE OF DETECTION AND MONITORING FUNCTION. -- (1) To
carry out subsection (a), Department of Defense personnel may operate
equipment of the Department to intercept a vessel or an aircraft
detected outside the land area of the United States for the purposes of
--
"(A) identifying and communicating with that vessel or
aircraft; and
"(B) directing that vessel or aircraft to go to a location
designated by appropriate civilian officials.
"(2) In cases in which a vessel or an aircraft is detected outside
the land area of the United States, Department of Defense personnel may
begin or continue pursuit of that vessel or aircraft over the land area
of the United States.
"(c) UNITED STATES DEFINED. -- In this section, the term 'United
States' means the land area of the several States and any territory,
commonwealth, or possession of the United States.".
(2) The table of sections of such chapter is amended by inserting
after the item relating to section 123 the following new item:
"124. Detection and monitoring of aerial and maritime transit of
illegal drugs: Department of Defense to be lead agency.".
(b) CONFORMING REPEAL. -- Section 1102 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2042), "10 USC 113 note" is repealed.
SEC. 1203. BUDGET PROPOSALS RELATING TO DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES
The budget of the United States Government submitted to Congress
under section 1105 of title 31, United States Code, for fiscal years
1991 and 1992 shall set forth separately the amount requested for the
mission of the Department of Defense related to drug interdiction and
counter-drug activities in support of civilian agencies.
SEC. 1204. "10 USC 124 note" COMMUNICATIONS NETWORK
(a) INTEGRATION OF NETWORK. -- (1) The Secretary of Defense shall
integrate into an effective communications network the command, control,
communications, and technical intelligence assets of the United States
that are dedicated (in whole or in part) to the interdiction of illegal
drugs into the United States.
(2) The Secretary shall carry out this subsection in consultation
with the Director of National Drug Control Policy.
(b) CONFORMING REPEAL. -- Section 1103 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2042), "10 USC 374 note" is repealed.
SEC. 1205. "10 USC 124 note" RESEARCH AND DEVELOPMENT
The Secretary of Defense shall ensure that adequate research and
development activities of the Department of Defense, including research
and development activities of the Defense Advanced Research Projects
Agency, are devoted to technologies designed to improve --
(1) the ability of the Department to carry out the detection
and monitoring function of the Department under section 124 of
title 10, United States Code, as added by section 1202; and
(2) the ability to detect illicit drugs and other dangerous and
illegal substances that are concealed in containers.
SEC. 1206. "10 USC 124 note" TRAINING EXERCISES IN DRUG-INTERDICTION
AREAS
(a) EXERCISES REQUIRED. -- The Secretary of Defense shall direct
that the armed forces, to the maximum extent practicable, shall conduct
military training exercises (including training exercises conducted by
the reserve components) in drug-interdiction areas.
(b) REPORT. -- (1) Not later than February 1 of 1991 and 1992, the
Secretary shall submit to Congress a report on the implementation of
subsection (a) during the preceding fiscal year.
(2) The report shall include --
(A) a description of the exercises conducted in
drug-interdiction areas and the effectiveness of those exercises
in the national counter-drug effort; and
(B) a description of those additional actions that could be
taken (and an assessment of the results of those actions) if
additional funds were made available to the Department of Defense
for additional military training exercises in drug-interdiction
areas for the purpose of enhancing interdiction and deterrence of
drug smuggling.
(c) DRUG-INTERDICTION AREAS DEFINED. -- For purposes of this
section, the term "drug-interdiction areas" includes land and sea areas
in which, as determined by the Secretary, the smuggling of drugs into
the United States occurs or is believed by the Secretary to have
occurred.
SEC. 1207. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE
NATIONAL GUARD
(a) ASSISTANCE AUTHORIZED. -- (1) Chapter 1 of title 32, United
States Code, is amended by adding at the end the following new section:
"Section 112. Drug interdiction and counter-drug activities
"(a) FUNDING ASSISTANCE. -- The Secretary of Defense may provide to
the Governor of a State who submits a plan to the Secretary under
subsection (b) sufficient funds for --
"(1) the pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses of personnel of the National Guard of
that State used for --
"(A) the purpose of drug interdiction and counter-drug
activities; and
"(B) the operation and maintenance of the equipment and
facilities of the National Guard of that State used for that
purpose; and
"(2) the procurement of services and leasing of equipment for
the National Guard of that State used for the purpose of drug
interdiction and counter-drug activities.
"(b) PLAN REQUIREMENTS. -- A plan referred to in subsection (a)
shall --
"(1) specify how personnel of the National Guard of that State
are to be used in drug interdiction and counter-drug activities;
"(2) certify that those operations are to be conducted at a
time when the personnel involved are not in Federal service; and
"(3) certify that participation by National Guard personnel in
those operations is service in addition to annual training
required under section 502 of this title.
"(c) EXAMINATION OF PLAN. -- (1) Before funds are provided to the
Governor of a State under this section, the Secretary of Defense shall
examine the adequacy of the plan submitted by the Governor under
subsection (b).
"(2) Except as provided in paragraph (3), the Secretary shall carry
out paragraph (1) in consultation with --
"(A) the Attorney General of the United States in the case of a
plan submitted for fiscal year 1990; and
"(B) the Director of National Drug Control Policy in the case
of a plan submitted for subsequent fiscal years.
"(3) Paragraph (2) shall not apply if --
"(A) the Governor of a State submits a plan under subsection
(b) that is substantially the same as a plan submitted for that
State for a previous fiscal year; and
"(B) funds were provided to the State pursuant to such plan.
"(d) STATUTORY CONSTRUCTION. -- Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
"(e) EXCLUSION FROM END-STRENGTH COMPUTATION. -- (1) Members of the
National Guard on active duty or full-time National Guard duty for the
purposes of administering this section shall not be counted toward the
annual end strength authorized for reserves on active duty in support of
the reserve components of the armed forces or toward the strengths
authorized in sections 517 and 524 of title 10.
"(2) The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives an annual report
specifying for the period covered by the report the number of members of
the National Guard excluded under paragraph (1) from the computation of
end strengths.
"(f) DEFINITIONS. -- For purposes of this section:
"(1) The term 'counter-drug activities' includes the use of
National Guard personnel, while not in Federal service, in any law
enforcement activities authorized by State and local law and
requested by the Governor.
"(2) The term 'Governor of a State' means, in the case of the
District of Columbia, the Commanding General of the National Guard
of the District of Columbia.
"(3) The term 'State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"112. Drug interdiction and counter-drug activities.".
(b) CONFORMING REPEAL. -- Section 1105 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2047), "10 USC 374 note" is repealed.
SEC. 1208. "10 USC 372 note" TRANSFER OF EXCESS PERSONAL PROPERTY
(a) TRANSFER AUTHORIZED. -- (1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to Federal and State agencies personal property of the
Department of Defense, including small arms and ammunition, that the
Secretary determines is --
(A) suitable for use by such agencies in counter-drug
activities; and
(B) excess to the needs of the Department of Defense.
(2) Personal property transferred under this section may be
transferred without cost to the recipient agency.
(3) The Secretary shall carry out this section in consultation with
the Attorney General and the Director of National Drug Control Policy.
(b) CONDITIONS FOR TRANSFER. -- The Secretary may transfer personal
property under this section only if --
(1) the property is drawn from existing stocks of the
Department of Defense; and
(2) the transfer is made without the expenditure of any funds
available to the Department of Defense for the procurement of
defense equipment.
(c) APPLICATION. -- The authority of the Secretary to transfer
personal property under this section shall expire on September 30, 1992.
SEC. 1209. CIVIL AIR PATROL
To the extent funds are available under section 1201(f), the
Secretary of Defense shall pay for expenses incurred by the Civil Air
Patrol in conducting drug surveillance flights.
SEC. 1210. OPERATION OF EQUIPMENT USED TO TRANSPORT CIVILIAN LAW
ENFORCEMENT PERSONNEL
Section 374(b)(2)(E) of title 10, United States Code, is amended by
striking out ", the Attorney General" and all that follows through
"outside the land area of the United States" and inserting in lieu
thereof "and the Attorney General (and the Secretary of State in the
case of a law enforcement operation outside of the land area of the
United States)".
SECTION 1211. RESTRICTION ON DIRECT PARTICIPATION BY MILITARY
PERSONNEL
Section 375 of title 10, United States Code, is amended --
(1) by striking out "the provision of any support" and
inserting in lieu thereof "any activity";
(2) by striking out "to any civilian law enforcement official";
and
(3) by striking out "a search and seizure, an arrest," and
inserting in lieu thereof "a search, seizure, arrest,".
SEC. 1212. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
At the request of the head of a Federal agency with counter-drug
responsibilities, the Secretary of Defense during fiscal year 1990 may
provide support for the counter-drug activities of that agency as
follows:
(1) Maintenance and repair of equipment that has been made
available by the Department of Defense under chapter 18 of title
10, United States Code, in order to preserve the potential future
utility of such equipment to the Department of Defense.
(2) Transportation of personnel, supplies, and equipment for
purposes of facilitating a counter-drug operation.
(3) Establishment and operation of a base of operations for
purposes of facilitating a counter-drug operation.
(4) Loan of National Guard equipment, subject to such minimum
standards of care and maintenance and such minimum training and
proficiency requirements for persons who are to use such equipment
as the Secretary considers appropriate.
(5) Training of personnel.
SEC. 1213. REPORTS
(a) BY THE PRESIDENT. -- Not later than April 1, 1990, the President
shall submit to Congress a report --
(1) describing the progress made on implementation of the plan
required by section 1103 of the National Defense Authorization
Act, Fiscal Year 1989 (10 U.S.C. 374 note);
(2) containing an analysis of the feasibility of establishing a
National Drug Operations Center for the integration, coordination,
and control of all drug interdiction operations; and
(3) describing how intelligence activities relating to
narcotics trafficking can be integrated, including --
(A) coordinating the collection and analysis of intelligence
information;
(B) ensuring the dissemination of relevant intelligence
information to officials with responsibility for narcotics policy
and to agencies responsible for interdiction, eradication, law
enforcement, and other counter-drug activities; and
(C) coordinating and controlling all intelligence activities
relating to counter-drug activities.
(b) BY THE SECRETARY OF DEFENSE. -- (1) Not later than February 1,
1990, the Secretary of Defense shall submit a report to Congress --
(A) on the specific drug-related research and development
projects to be funded, and the planned allocation of funding for
such projects, under section 1205;
(B) on the feasibility of detailing officers in the Judge
Advocate General's Corps of the military departments to the
Department of Justice to assist in the prosecution of drug cases
in areas in which there is a lack of sufficient prosecutorial
resources;
(C) on the feasibility of increasing the use of the resources
and personnel of the Special Operations Command in drug
interdiction and counter-drug activities; and
(D) on the desirability and feasibility of assigning
active-duty members of the Armed Forces, at the request of the
Secretary of the Treasury and with the approval of the Secretary
of Defense, to assist the United States Customs Service in the
inspection of cargo, vehicles, vessels, and aircraft at points of
entry into the United States.
In preparing the report required by this paragraph, the Secretary shall
consult with the Director of National Drug Control Policy and other
appropriate heads of agencies.
(2) Not later than April 1, 1990, the Secretary of Defense shall
submit a report to Congress on --
(A) the feasibility of establishing aerial and maritime
navigational corridors by which civilian aircraft and vessels may
travel through drug interdiction areas, as defined in section
1206(c);
(B) the feasibility of requiring the submission of navigational
plans for all civilian aircraft and vessels that will travel in
such areas; and
(C) the funding considered necessary to implement a plan to
carry out the matters referred to in subparagraphs (A) and (B).
In preparing the report required by this paragraph, the Secretary shall
consult with the Secretary of Transportation and the Director of
National Drug Control Policy.
(3) Not later than February 1 of 1990 and 1991, the Secretary of
Defense shall submit to Congress a report on the drug interdiction and
counter-drug activities of the Department of Defense under chapter 18,
United States Code, and other applicable provisions of law during the
preceding fiscal year. The report shall include --
(A) specific information as to the size, scope, and results of
Department of Defense drug interdiction operations;
(B) specific information on the nature and terms of interagency
agreements with other agencies relating to drug interdiction; and
(C) any recommendations for additional legislation that the
Secretary determines would assist in furthering the ability of the
Department to perform its mission under that chapter or to assist
other agencies.
SEC. 1214. SENSE OF CONGRESS ON NATIONAL NARCOTICS BORDER
INTERDICTION SYSTEM
(a) FINDINGS. -- Congress finds the following:
(1) The Anti-Drug Abuse Act of 1988 (Public Law 100-690)
terminated the National Narcotics Border Interdiction System
(NNBIS).
(2) The National Narcotics Border Interdiction System provided
valuable information and support to State and local law
enforcement agencies involved in drug interdiction activities.
(b) SENSE OF CONGRESS. -- In light of the findings specified in
subsection (a), it is the sense of Congress that the cooperation that
existed between State and local law enforcement officials and the
Federal agencies participating in the National Narcotics Border
Interdiction System should, to the extent possible, be continued and
enhanced by the President.
SEC. 1215. COOPERATIVE EFFORTS AGAINST ILLEGAL DRUGS
(a) AMENDMENT TO THE CONTROLLED SUBSTANCES ACT. -- Section
511(e)(3)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(3)(B)),
as added by section 6077(a) of the Asset Forfeiture Amendments Act of
1988 (Public Law 100-690; 102 Stat. 4324), is amended to read as
follows:
"(B) will serve to encourage further cooperation between the
recipient State or local agency and Federal law enforcement
agencies.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "21 USC
881 note" shall take effect as of October 1, 1989.
SEC. 1216. TECHNICAL AND CLERICAL AMENDMENTS RELATING TO MILITARY
SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
(a) CHAPTER DESIGNATION. -- The chapter following chapter 17 of
title 10, United States Code (relating to military support for civilian
law enforcement agencies), is redesignated as chapter 18.
(b) REFERENCE TO TARIFF SCHEDULES. -- Section 374(b)(4) of such
title is amended by striking out "general headnote 2 of the Tariff
Schedules of the United States" in subparagraph (A)(iii) and inserting
in lieu thereof "general note 2 of the Harmonized Tariff Schedule of the
United States".
(c) CROSS-REFERENCE AMENDMENT. -- Section 374(c) of such title is
amended by striking out "paragraph (2)" and inserting in lieu thereof
"subsection (b)(2)".
SEC. 1301. COURT OF MILITARY APPEALS
(a) REVIEW BY THE COURT UNDER ARTICLE 67. -- Section 867 (article
67) of title 10, United States Code, is amended --
(1) by striking out subsections (a), (g), (h), and (i); and
(2) by redesignating subsections (b), (c), (d), (e), and (f) as
subsections (a), (b), (c), (d), and (e) respectively.
(b) RESTATEMENT OF CERTIORARI PROVISION. -- Subchapter IX of chapter
47 of title 10, United States Code, is amended by inserting after
section 867 (article 67) the following new section (article):
"Section 867a. Art. 67a. Review by the Supreme Court
"(a) Decisions of the United States Court of Military Appeals are
subject to review by the Supreme Court by writ of certiorari as provided
in section 1259 of title 28. The Supreme Court may not review by a writ
of certiorari under this section any action of the Court of Military
Appeals in refusing to grant a petition for review.
"(b) The accused may petition the Supreme Court for a writ of
certiorari without prepayment of fees and costs or security therefor and
without filing the affidavit required by section 1915(a) of title 28.".
(c) RESTATEMENT AND REVISION OF COMA CHARTER. -- Chapter 47 of such
title is amended by adding at the end the following new subchapter:
"Sec. Art.
"941. 141. Status.
"942. 142. Judges.
"943. 143. Organization and employees.
"944. 144. Procedure.
"945. 145. Annuities for judges and survivors.
"946. 146. Code committee.
"Section 941. Art. 141. Status
"There is a court of record known as the United States Court of
Military Appeals. The court is established under article I of the
Constitution. The court is located for administrative purposes only in
the Department of Defense.
"Section 942. Art. 142. Judges
"(a) NUMBER. -- The United States Court of Military Appeals consists
of five judges.
"(b) APPOINTMENT; QUALIFICATION. -- (1) Each judge of the court
shall be appointed from civil life by the President, by and with the
advice and consent of the Senate, for a specified term determined under
paragraph (2). A judge may serve as a senior judge as provided in
subsection (e).
"(2) The term of a judge shall expire as follows:
"(A) In the case of a judge who is appointed after March 31 and
before October 1 of any year, the term shall expire on September
30 of the year in which the fifteenth anniversary of the
appointment occurs.
"(B) In the case of a judge who is appointed after September 30
of any year and before April 1 of the following year, the term
shall expire fifteen years after such September 30.
"(3) Not more than three of the judges of the court may be appointed
from the same political party, and no person may be appointed to be a
judge of the court unless the person is a member of the bar of a Federal
court or the highest court of a State.
"(c) REMOVAL. -- Judges of the court may be removed from office by
the President, upon notice and hearing, for --
"(1) neglect of duty;
"(2) misconduct; or
"(3) mental or physical disability.
A judge may not be removed by the President for any other cause.
"(d) PAY AND ALLOWANCES. -- Each judge of the court is entitled to
the same salary and travel allowances as are, and from time to time may
be, provided for judges of the United States Courts of Appeals.
"(e) SENIOR JUDGES. -- (1) A former judge of the court who is
receiving retired pay or an annuity under section 945 of this title
(article 145) or under subchapter III of chapter 83 or chapter 84 of
title 5 shall be a senior judge.
"(2)(A) The chief judge of the court may call upon a senior judge of
the court, with the consent of the senior judge, to perform judicial
duties with the court --
"(i) during a period a judge of the court is unable to perform
his duties because of illness or other disability;
"(ii) during a period in which a position of judge of the court
is vacant; or
"(iii) in any case in which a judge of the court recuses
himself.
"(B) A senior judge shall be paid for each day on which he performs
judicial duties with the court an amount equal to the daily equivalent
of the annual rate of pay provided for a judge of the court. Such pay
shall be in lieu of retired pay and in lieu of an annuity under section
945 of this title (article 145), subchapter III of chapter 83 or
subchapter II of chapter 84 of title 5, or any other retirement system
for employees of the Federal Government.
"(3) A senior judge, while performing duties referred to in paragraph
(2), shall be provided with such office space and staff assistance as
the chief judge considers appropriate and shall be entitled to the per
diem, travel allowances, and other allowances provided for judges of the
court.
"(4) A senior judge shall be considered to be an officer or employee
of the United States with respect to his status as a senior judge, but
only during periods the senior judge is performing duties referred to in
paragraph (2). For the purposes of section 205 of title 18, a senior
judge shall be considered to be a special government employee during
such periods. Any provision of law that prohibits or limits the
political or business activities of an employee of the United States
shall apply to a senior judge only during such periods.
"(5) The court shall prescribe rules for the use and conduct of
senior judges of the court. The chief judge of the court shall transmit
such rules, and any amendments to such rules, to the Committees on Armed
Services of the Senate and the House of Representatives not later than
15 days after the issuance of such rules or amendments, as the case may
be.
"(6) For purposes of subchapter III of chapter 83 of title 5
(relating to the Civil Service Retirement and Disability System) and
chapter 84 of such title (relating to the Federal Employees' Retirement
System) and for purposes of any other Federal Government retirement
system for employees of the Federal Government --
"(A) a period during which a senior judge performs duties
referred to in paragraph (2) shall not be considered creditable
service;
"(B) no amount shall be withheld from the pay of a senior judge
as a retirement contribution under section 8334, 8343, 8422, or
8432 of title 5 or under any other such retirement system for any
period during which the senior judge performs duties referred to
in paragraph (2);
"(C) no contribution shall be made by the Federal Government to
any retirement system with respect to a senior judge for any
period during which the senior judge performs duties referred to
in paragraph (2); and
"(D) a senior judge shall not be considered to be a reemployed
annuitant for any period during which the senior judge performs
duties referred to in paragraph (2).
"(f) SERVICE OF ARTICLE III JUDGES. -- (1) The Chief Justice of the
United States, upon the request of the chief judge of the court, may
designate a judge of a United States court of appeals or of a United
States district court to perform the duties of judge of the United
States Court of Military Appeals --
"(A) during a period a judge of the court is unable to perform
his duties because of illness or other disability; or
"(B) in any case in which a judge of the court recuses himself.
"(2) A designation under paragraph (1) may be made only with the
consent of the designated judge and the concurrence of the chief judge
of the court of appeals or district court concerned.
"(3) Per diem, travel allowances, and other allowances paid to the
designated judge in connection with the performance of duties for the
court shall be paid from funds available for the payment of per diem and
such allowances for judges of the court.
"(g) EFFECT OF VACANCY ON COURT. -- A vacancy on the court does not
impair the right of the remaining judges to exercise the powers of the
court.
"Section 943. Art. 143. Organization and employees
"(a) CHIEF JUDGE. -- The President shall designate from time to time
one of the judges of the United States Court of Military Appeals to be
chief judge of the court.
"(b) PRECEDENCE OF JUDGES. -- The chief judge of the court shall
have precedence and preside at any session that he attends. The other
judges shall have precedence and preside according to the seniority of
their original commissions. Judges whose commissions bear the same date
shall have precedence according to seniority in age.
"(c) STATUS OF ATTORNEY POSITIONS. -- (1) Attorney positions of
employment under the Court of Military Appeals are excepted from the
competitive service. Appointments to such positions shall be made by
the court, without the concurrence of any other officer or employee of
the executive branch, in the same manner as appointments are made to
other executive branch positions of a confidential or policy-determining
character for which it is not practicable to examine or to hold a
competitive examination. Such positions shall not be counted as
positions of that character for purposes of any limitation on the number
of positions of that character provided in law.
"(2) In making appointments to the positions described in paragraph
(1), preference shall be given, among equally qualified persons, to
persons who are preference eligibles (as defined in section 2108(3) of
title 5).
"Section 944. Art. 144. Procedure
"The United States Court of Military Appeals may prescribe its rules
of procedure and may determine the number of judges required to
constitute a quorum.
"Section 945. Art. 145. Annuities for judges and survivors
"(a) RETIREMENT ANNUITIES FOR JUDGES. -- (1) A person who has
completed a term of service for which he was appointed as a judge of the
United States Court of Military Appeals is eligible for an annuity under
this section upon separation from civilian service in the Federal
Government.
"(2) A person who is eligible for an annuity under this section shall
be paid that annuity if, at the time he becomes eligible to receive that
annuity, he elects to receive that annuity in lieu of any other annuity
for which he may be eligible at the time of such election (whether an
immediate or a deferred annuity) under subchapter III of chapter 83 or
subchapter II of chapter 84 of title 5 or any other retirement system
for civilian employees of the Federal Government. Such an election may
not be revoked.
"(3)(A) The Secretary of Defense shall notify the Director of the
Office of Personnel Management whenever an election under paragraph (2)
is made affecting any right or interest under subchapter III of chapter
83 or subchapter II of chapter 84 of title 5 based on service as a judge
of the United States Court of Military Appeals.
"(B) Upon receiving any notification under subparagraph (A) in the
case of a person making an election under paragraph (2), the Director
shall determine the amount of the person's lump-sum credit under
subchapter III of chapter 83 or subchapter II of chapter 84 of title 5,
as applicable, and shall request the Secretary of the Treasury to
transfer such amount from the Civil Service Retirement and Disability
Fund to the Department of Defense Military Retirement Fund. The
Secretary of the Treasury shall make any transfer so requested.
"(C) In determining the amount of a lump-sum credit under section
8331(8) of title 5 for purposes of this paragraph --
"(i) interest shall be computed using the rates under section
8334(e)(3) of such title; and
"(ii) the completion of 5 years of civilian service (or longer)
shall not be a basis for excluding interest.
"(b) AMOUNT OF ANNUITY. -- The annuity payable under this section to
a person who makes an election under subsection (a)(2) is 80 percent of
the rate of pay for a judge in active service on the United States Court
of Military Appeals as of the date on which the person is separated from
civilian service.
"(c) RELATION TO THRIFT SAVINGS PLAN. -- Nothing in this section
affects any right of any person to participate in the thrift savings
plan under section 8351 of title 5 or subchapter III of chapter 84 of
such title.
"(d) SURVIVOR ANNUITIES. -- The Secretary of Defense shall prescribe
by regulation a program to provide annuities for survivors and former
spouses of persons receiving annuities under this section by reason of
elections made by such persons under subsection (a)(2). That program
shall, to the maximum extent practicable, provide benefits and establish
terms and conditions that are similar to those provided under survivor
and former spouse annuity programs under other retirement systems for
civilian employees of the Federal Government. The program may include
provisions for the reduction in the annuity paid the person as a
condition for the survivor annuity. An election by a judge (including a
senior judge) or former judge to receive an annuity under this section
terminates any right or interest which any other individual may have to
a survivor annuity under any other retirement system for civilian
employees of the Federal Government based on the service of that judge
or former judge as a civilian officer or employee of the Federal
Government (except with respect to an election under subsection
(g)(1)(B)).
"(e) COST-OF-LIVING INCREASES. -- The Secretary of Defense shall
periodically increase annuities and survivor annuities paid under this
section in order to take account of changes in the cost of living. The
Secretary shall prescribe by regulation procedures for increases in
annuities under this section. Such system shall, to the maximum extent
appropriate, provide cost-of-living adjustments that are similar to
those that are provided under other retirement systems for civilian
employees of the Federal Government.
"(f) DUAL COMPENSATION. -- A person who is receiving an annuity
under this section by reason of service as a judge of the court and who
is appointed to a position in the Federal Government shall, during the
period of such person's service in such position, be entitled to receive
only the annuity under this section or the pay for that position,
whichever is higher.
"(g) ELECTION OF JUDICIAL RETIREMENT BENEFITS. -- (1) A person who
is receiving an annuity under this section by reason of service as a
judge of the court and who later is appointed as a justice or judge of
the United States to hold office during good behavior and who retires
from that office, or from regular active service in that office, shall
be paid either (A) the annuity under this section, or (B) the annuity or
salary to which he is entitled by reason of his service as such a
justice or judge of the United States, as determined by an election by
that person at the time of his retirement from the office, or from
regular active service in the office, of justice or judge of the United
States. Such an election may not be revoked.
"(2) An election by a person to be paid an annuity or salary pursuant
to paragraph (1)(B) terminates (A) any election previously made by such
person to provide a survivor annuity pursuant to subsection (d), and (B)
any right of any other individual to receive a survivor annuity pursuant
to subsection (d) on the basis of the service of that person.
"(h) SOURCE OF PAYMENT OF ANNUITIES. -- Annuities and survivor
annuities paid under this section shall be paid out of the Department of
Defense Military Retirement Fund.
"Section 946. Art. 146. Code committee
"(a) ANNUAL SURVEY. -- A committee shall meet at least annually and
shall make an annual comprehensive survey of the operation of this
chapter.
"(b) COMPOSITION OF COMMITTEE. -- The committee shall consist of --
"(1) the judges of the United States Court of Military Appeals;
"(2) the Judge Advocates General of the Army, Navy, and Air
Force, the Chief Counsel of the Coast Guard, and the Staff Judge
Advocate to the Commandant of the Marine Corps; and
"(3) two members of the public appointed by the Secretary of
Defense.
"(c) REPORTS. -- (1) After each such survey, the committee shall
submit a report --
"(A) to the Committees on Armed Services of the Senate and
House of Representatives; and
"(B) to the Secretary of Defense, the Secretaries of the
military departments, and the Secretary of Transportation.
"(2) Each report under paragraph (1) shall include the following:
"(A) Information on the number and status of pending cases.
"(B) Any recommendation of the committee relating to --
"(i) uniformity of policies as to sentences;
"(ii) amendments to this chapter; and
"(iii) any other matter the committee considers appropriate.
"(d) QUALIFICATIONS AND TERMS OF APPOINTED MEMBERS. -- Each member
of the committee appointed by the Secretary of Defense under subsection
(b)(3) shall be a recognized authority in military justice or criminal
law. Each such member shall be appointed for a term of three years.
"(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. -- The Federal
Advisory Committee Act (5 U.S.C. App. I) shall not apply to the
committee.".
(d) TRANSITION FROM THREE-JUDGE COURT TO FIVE-JUDGE COURT. -- (1)
Effective during the period before October 1, 1990 --
(A) the number of members of the United States Court of
Military Appeals shall (notwithstanding subsection (a) of section
942 of title 10, "10 USC 942 note" United States Code, as enacted
by subsection (c)) be three; and
(B) the maximum number of members of the court who may be
appointed from the same political party shall (notwithstanding
subsection (b)(3) of section 942) be two.
(2) In the application of paragraph (2) of section 942(b) of title
10, United States Code (as enacted by subsection (c)) to the judges who
are first appointed to the two new positions of the court created as of
October 1, 1990 --
(A) with respect to one such judge (as designated by the
President at the time of appointment), the anniversary referred to
in subparagraph (A) of that paragraph shall be treated as being
the seventh anniversary and the number of years referred to in
subparagraph (B) of that paragraph shall be treated as being
seven; and
(B) with respect to the other such judge (as designated by the
President at the time of appointment), the anniversary referred to
in subparagraph (A) of that paragraph shall be treated as being
the thirteenth anniversary and the number of years referred to in
subparagraph (B) of that paragraph shall be treated as being
thirteen.
(e) "10 USC 942 note" TRANSITION RULES RELATING TO RETIREMENT OF NEW
JUDGES. -- (1) Except as otherwise provided in paragraphs (2) and (3),
each judge to whom subsection (d)(2) applies shall be eligible for an
annuity as provided in section 945 of title 10, United States Code, as
enacted by subsection (c).
(2) The annuity of a judge referred to in paragraph (1) is computed
under subsection (b) of such section 945 only if the judge --
(A) completes the term of service for which he is first
appointed;
(B) is reappointed as a judge of the United States Court of
Military Appeals at any time after the completion of such term of
service;
(C) is separated from civilian service in the Federal
Government after completing a total of 15 years as a judge of such
court; and
(D) elects to receive an annuity under such section in
accordance with subsection (a)(2) of such section.
(3) In the case of a judge referred to in paragraph (1) who is
separated from civilian service after completing the term of service for
which he is first appointed as a judge of the United States Court of
Military Appeals and before completing a total of 15 years as a judge of
such court, the annuity of such judge (if elected in accordance with
section 945(a)(2) of title 10, United States Code) shall be 1/15 of the
amount computed under subsection (b) of such section times the number of
years (including any fraction thereof) of such judge's service as a
judge of the court.
(f) APPLICABILITY OF AMENDED RETIREMENT PROVISIONS. -- Except as
otherwise provided in subsections (c) and (d), "10 USC 942 note" section
945 of title 10, United States Code, as enacted by subsection (c),
applies with respect to judges of the United States Court of Military
Appeals whose terms of service on such court end after September 28,
1988, and to the survivors of such judges.
(g) TERMS OF CURRENT JUDGES. -- Section 942(b) of title 10, "10 USC
942 note" United States Code, as enacted by subsection (c), shall not
apply to the term of office of a judge of the United States Court of
Military Appeals serving on such court on the date of the enactment of
this Act. The term of office of such a judge shall expire on the later
of (A) the date the term of such judge would have expired under section
867(a)(1) of title 10, United States Code, as in effect on the day
before such date of enactment, or (B) September 30 of the year in which
the term of such judge would have expired under such section 867(a)(1).
(h) "10 USC 942 note" CIVIL SERVICE STATUS OF CURRENT EMPLOYEES. --
Section 943(c) of title 10, United States Code, as enacted by subsection
(c), shall not be applied to change the civil service status of any
attorney who is an employee of the United States Court of Military
Appeals on the day before the date of the enactment of this Act.
(i) TERMINATION OF AUTHORITY RELATING TO SERVICE OF ARTICLE III
JUDGES AFTER 5 YEARS. -- The authority of the Chief Justice of the
United States under section 942(f) of title 10, United States Code, as
enacted by subsection (c), shall terminate on September 30, 1995.
SEC. 1302. APPELLATE REVIEW OF ARTICLE 69 ACTIONS
(a) REVIEW. -- Section 869 (article 69) of title 10, United States
Code, is amended --
(1) in subsection (a), by striking out the third sentence; and
(2) by adding at the end the following:
"(d) A Court of Military Review may review, under section 866 of this
title (article 66) --
"(1) any court-martial case which (A) is subject to action by
the Judge Advocate General under this section, and (B) is sent to
the Court of Military Review by order of the Judge Advocate
General; and
"(2) any action taken by the Judge Advocate General under this
section in such case.
"(e) Notwithstanding section 866 of this title (article 66), in any
case reviewed by a Court of Military Review under this section, the
Court may take action only with respect to matters of law.".
(b) EFFECTIVE DATE. -- Subsection (e) of section 869 of title 10,
"10 USC 869 note" United States Code, as added by subsection (a), shall
apply with respect to cases in which a finding of guilty is adjudged by
a general court-martial after the date of the enactment of this Act.
SEC. 1303. INVESTIGATION OF JUDICIAL MISCONDUCT
Subchapter I of chapter 47 of title 10, United States Code, is
amended by adding at the end the following new section:
"Section 806a. Art. 6a. Investigation and disposition of matters
pertaining to the fitness of military judges
"(a) The President shall prescribe procedures for the investigation
and disposition of charges, allegations, or information pertaining to
the fitness of a military judge or military appellate judge to perform
the duties of the judge's position. To the extent practicable, the
procedures shall be uniform for all armed forces.
"(b) The President shall transmit a copy of the procedures prescribed
pursuant to this section to the Committees on Armed Services of the
Senate and House of Representatives.".
SEC. 1304. TECHNICAL AND CONFORMING AMENDMENTS
(a) CLERICAL AMENDMENTS. -- (1) The table of subchapters at the
beginning of chapter 47 of title 10, United States Code, is amended by
adding at the end the following new item:
"XII. Court of Military Appeals .......... 941 141".
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end the following new item:
"806a. 6a. Investigation and disposition of matters pertaining to
the fitness of military judges.".
(b) CONFORMING AMENDMENTS. -- (1) Section 869(a) (article 69(a)) of
title 10, United States Code, is amended by striking out "section
867(b)(2) of this title (article 67(b)(2))" in the third sentence and
inserting in lieu thereof "section 867(a)(2) of this title (article
67(a)(2))".
(2) Section 8337(a) of title 5, United States Code, is amended by
striking out "section 867(a)(2)" in the fourth sentence and inserting in
lieu thereof "section 942(c)".
(3) Section 1259 of title 28, United States Code, is amended by
striking out "section 867(b)(1)", "section 867(b)(2)", and "section
867(b)(3)" and inserting in lieu thereof "section 867(a)(1)", "section
867(a)(2)", and "section 867(a)(3)", respectively.
SEC. 1401. SHORT TITLE
This title may be cited as the "Military Survivor Benefits
Improvement Act "10 USC 1447 note" of 1989".
SEC. 1402. REVISED PREMIUM COMPUTATION FOR SURVIVOR BENEFIT PLAN
ANNUITIES
(a) REVISION IN RETIRED PAY REDUCTION. -- Subsection (a) of section
1452 of title 10, United States Code, is amended by striking out the
matter preceding paragraph (2) and inserting in lieu thereof the
following:
"(a) SPOUSE AND FORMER SPOUSE ANNUITIES. --
"(1) REQUIRED REDUCTION IN RETIRED PAY. -- Except as provided
in subsection (b), the retired pay of a participant in the Plan
who is providing spouse coverage (as described in paragraph (5))
shall be reduced as follows:
"(A) STANDARD ANNUITY. -- If the annuity coverage being
provided is a standard annuity, the reduction shall be as follows:
"(i) DISABILITY AND NONREGULAR SERVICE RETIREES. -- In the
case of a person who is entitled to retired pay under chapter 61
or chapter 67 of this title, the reduction shall be in whichever
of the alternative reduction amounts is more favorable to that
person.
"(ii) MEMBERS AS OF ENACTMENT OF FLAT-RATE REDUCTION. -- In
the case of a person who first became a member of a uniformed
service before March 1, 1990, the reduction shall be in whichever
of the alternative reduction amounts is more favorable to that
person.
"(iii) NEW ENTRANTS AFTER ENACTMENT OF FLAT-RATE REDUCTION. --
In the case of a person who first becomes a member of a uniformed
service on or after March 1, 1990, and who is entitled to retired
pay under a provision of law other than chapter 61 or chapter 67
of this title, the reduction shall be in an amount equal to 6 1/2
percent of the base amount.
"(iv) ALTERNATIVE REDUCTION AMOUNTS. -- For purposes of
clauses (i) and (ii), the alternative reduction amounts are the
following:
"(I) An amount equal to 6 1/2 percent of the base amount.
"(II) An amount equal to 2 1/2 percent of the first $337 (as
adjusted after November 1, 1989, under paragraph (4)) of the base
amount plus 10 percent of the remainder of the base amount.
"(B) RESERVE-COMPONENT ANNUITY. -- If the annuity coverage
being provided is a reserve-component annuity, the reduction shall
be in whichever of the following amounts is more favorable to that
person:
"(i) An amount equal to 6 1/2 percent of the base amount plus
an amount determined in accordance with regulations prescribed by
the Secretary of Defense as a premium for the additional coverage
provided through reserve-component annuity coverage under the
Plan.
"(ii) An amount equal to 2 1/2 percent of the first $337 (as
adjusted after November 1, 1989, under paragraph (4)) of the base
amount plus 10 percent of the remainder of the base amount plus an
amount determined in accordance with regulations prescribed by the
Secretary of Defense as a premium for the additional coverage
provided through reserve-component annuity coverage under the
Plan.".
(b) PERSONS PROVIDING SPOUSE COVERAGE. -- Such subsection is further
amended by adding at the end the following new paragraph:
"(5) For the purposes of paragraph (1), a participant in the Plan who
is providing spouse coverage is a participant who --
"(A) has (i) a spouse or former spouse, or (ii) a spouse or
former spouse and a dependent child; and
"(B) has not elected to provide an annuity to a person
designated by him under section 1448(b)(1) of this title or,
having made such an election, has changed his election in favor of
his spouse under section 1450(f) of this title.".
(c) CONFORMING AMENDMENT. -- Subsection (a)(4) of such section is
amended by striking out "amount under paragraph (1)(A)" in subparagraphs
(A) and (B) and inserting in lieu thereof "amounts under paragraph (1)".
(d) "10 USC 1452 note" RECOMPUTATION OF SBP PREMIUM FOR CURRENT
PARTICIPANTS. --
(1) RECOMPUTATION. -- The Secretary concerned shall recompute
the SBP premium of persons described in paragraph (2). Any such
recomputation shall take effect on March 1, 1990.
(2) PERSONS COVERED. -- A person referred to in paragraph (1)
as described in this paragraph is a person who on March 1, 1990 --
(A) is entitled to retired pay;
(B) is providing spouse coverage (as described in paragraph (5)
of section 1452 of title 10, United States Code, as added by
subsection (b)); and
(C) is subject to an SBP premium in excess of 6 1/2 percent of
the base amount of that person under the Survivor Benefit Plan.
(3) AMOUNT OF RECOMPUTED PREMIUM. -- The amount of an SBP
premium recomputed under this subsection shall be 6 1/2 percent of
the base amount under the Survivor Benefit Plan of the person
whose premium is recomputed.
(4) SBP PREMIUM DEFINED. -- For purposes of this subsection,
the term "SBP premium" means a reduction in retired pay under
section 1452 of title 10, United States Code.
SEC. 1403. CORRECTION OF ANNUITY COMPUTATION FOR SURVIVORS OF
CERTAIN RETIREMENT-ELIGIBLE OFFICERS DYING WHILE ON ACTIVE DUTY
(a) ANNUITY COMPUTATION BASED ON FINAL BASIC PAY. -- Paragraph (3)
of section 1451(c) of title 10, United States Code, is amended to read
as follows:
"(3) In the case of an annuity provided by reason of the service of a
member described in section 1448(d)(1)(B) or 1448(d)(1)(C) of this title
who first became a member of a uniformed service before September 8,
1980, the retired pay to which the member would have been entitled when
he died shall be determined for purposes of paragraph (1) based upon the
rate of basic pay in effect at the time of death for the grade in which
the member was serving at the time of death, unless (as determined by
the Secretary concerned) the member would have been entitled to be
retired in a higher grade.".
(b) "10 USC 1451 note" ADJUSTMENT OF ANNUITIES ALREADY IN EFFECT. --
(1) RECOMPUTATION. -- The Secretary concerned shall recompute
the annuity of any person who on the effective date specified in
subsection (d) is entitled to an annuity under the Survivor
Benefit Plan by reason of eligibility described in section
1448(d)(1)(B) or 1448(d)(1)(C) of title 10, United States Code,
and who is further described in subsection (c).
(2) AMOUNT OF RECOMPUTED ANNUITIES. -- The amount of the
annuity as so recomputed shall be the amount that would be in
effect for that annuity on the effective date specified in
subsection (d) if the annuity had originally been computed subject
to the provisions of paragraph (3) of section 1451(c) of title 10,
United States Code, as amended by subsection (a).
(c) PERSONS ELIGIBLE FOR RECOMPUTATION. -- A person is eligible to
have an annuity under the Survivor Benefit Plan recomputed under
subsection (b) if --
(1) the annuity is based upon the service of a member of the
uniformed services who died on active duty during the period
beginning on September 21, 1972, and ending on the effective date
specified in subsection (d); and
(2) the retired pay of that member for the purposes of
determining the amount of the annuity under the Survivor Benefit
Plan was computed using a rate of basic pay lower than the rate of
basic pay in effect at the time of death for the grade in which
the member was serving at the time of death.
(d) EFFECTIVE DATE. -- An annuity recomputed under subsection (b)
shall take effect as so recomputed on March 1, 1990.
SEC. 1404. PROGRAM TO PROVIDE SUPPLEMENTAL SPOUSE ANNUITY FOR
MILITARY RETIREES
(a) ESTABLISHMENT OF PROGRAM. -- (1) Effective on October 1, 1991,
chapter 73 of title 10, United States Code, is amended by adding at the
end the following new subchapter:
"Sec.
"1456. Supplemental spouse coverage: establishment of plan;
definitions.
"1457. Supplemental spouse coverage: payment of annuity; amount.
"1458. Supplemental spouse coverage: eligible participants;
elections of coverage.
"1459. Former spouse coverage: special rules.
"1460. Supplemental spouse coverage: reductions in retired pay.
"1460a. Incorporation of certain administrative provisions.
"1460b. Regulations.
"Section 1456. Supplemental spouse coverage: establishment of plan;
definitions
"(a) ESTABLISHMENT OF SUPPLEMENTAL SURVIVOR BENEFIT PLAN. --
"(1) PLAN. -- The Secretary of Defense shall carry out a
program in accordance with this subchapter to enable participants
in the Survivor Benefit Plan who are providing coverage for a
spouse or former spouse beneficiary under that Plan to also
provide a supplemental annuity for that spouse or former spouse
beginning when the participant dies or when the spouse or former
spouse becomes 62 years of age, whichever is later, in order to
offset the effects of the two-tier annuity computation under the
Survivor Benefit Plan.
"(2) NAME OF PLAN. -- The program under this subchapter shall
be known as the Supplemental Survivor Benefit Plan.
"(b) DEFINITIONS. --
"(1) INCORPORATION OF DEFINITIONS APPLICABLE TO SURVIVOR
BENEFIT PLAN. -- The definitions in section 1447 of this title
apply in this subchapter.
"(2) SUPPLEMENTAL SPOUSE ANNUITY DEFINED. -- In this
subchapter, the term 'supplemental spouse annuity' means an
annuity provided to a spouse or former spouse under this
subchapter.
"Section 1457. Supplemental spouse coverage: payment of annuity;
amount
"(a) COMMENCEMENT OF ANNUITY. -- A supplemental spouse annuity
commences on the later of --
"(1) the day on which an annuity under the Survivor Benefit
Plan becomes payable to the beneficiary; or
"(2) the first day of the first month after the month in which
the beneficiary becomes 62 years of age.
"(b) AMOUNT OF ANNUITY FOR BENEFICIARY OF PERSON PROVIDING STANDARD
ANNUITY UNDER SBP. -- In the case of a person providing a standard
annuity for a spouse or former spouse beneficiary under the Survivor
Benefit Plan and providing a supplemental spouse annuity for that
beneficiary under this subchapter, the monthly annuity payable to the
beneficiary under this subchapter shall be the amount equal to 20
percent of the base amount under the Survivor Benefit Plan of the person
providing the annuity. The annuity shall be computed as of the date of
the death of the person providing the annuity, notwithstanding that the
annuity is not payable at that time by reason of subsection (a).
"(c) AMOUNT OF ANNUITY FOR BENEFICIARY OF PERSON PROVIDING
RESERVE-COMPONENT ANNUITY UNDER SBP. -- In the case of a person
providing a reserve-component annuity for a spouse or former spouse
beneficiary under the Survivor Benefit Plan and providing a supplemental
spouse annuity for that beneficiary under this subchapter, the monthly
annuity payable to that beneficiary under this subchapter shall be
determined as follows:
"(1) BENEFICIARY INITIALLY 62 YEARS OF AGE OR OLDER. -- If the
beneficiary is 62 years of age or older when the beneficiary
becomes entitled to the reserve-component annuity under the
Survivor Benefit Plan, the monthly amount of the supplemental
spouse annuity is the difference between --
"(A) the amount of the reserve-component annuity under the
Survivor Benefit Plan to which the beneficiary would be entitled
if that beneficiary were under 62 years of age (as computed under
section 1451(a)(2)(A) of this title); and
"(B) the amount of the reserve-component annuity to which the
beneficiary is entitled (as computed under section 1451(a)(2)(B)
of this title).
"(2) BENEFICIARY INITIALLY UNDER 62 YEARS OF AGE. -- If the
beneficiary is under 62 years of age when the beneficiary becomes
entitled to the reserve-component annuity under the Survivor
Benefit Plan, the monthly amount of the supplemental spouse
annuity of that beneficiary (commencing on the date specified in
subsection (a)(2)) is the amount by which the beneficiary's
annuity under the Survivor Benefit Plan is reduced (on the same
day) under section 1451(d) of this title.
"(3) EXCLUSION OF DIC OFFSET. -- Computations under paragraphs
(1) and (2) shall be made without regard to any reduction required
under section 1450(c) of this title (or any other provision of
law) with respect to the receipt of dependency and indemnity
compensation under section 411 of title 38.
"(d) ADJUSTMENTS IN ANNUITIES. --
"(1) PERIODIC ADJUSTMENTS (COLAS). -- Whenever annuities under
the Survivor Benefit Plan are increased under section 1451(g)(1)
of this title (or any other provision of law) or recomputed under
section 1451(i) of this title, each annuity under this subchapter
shall be increased or recomputed at the same time. The increase
shall, in the case of any such annuity, be by the same percent as
the percent by which the annuity of that beneficiary is increased
or recomputed under the Survivor Benefit Plan.
"(2) ROUNDING DOWN. -- The monthly amount of an annuity
payable under this subchapter, if not a multiple of $1, shall be
rounded to the next lower multiple of $1.
"(e) TERMINATION OF ANNUITY. -- A supplemental spouse annuity
terminates effective as of the first day of the month in which the
beneficiary dies or otherwise becomes ineligible to continue to receive
an annuity under the Survivor Benefit Plan.
"Section 1458. Supplemental spouse coverage: eligible participants;
elections of coverage
"(a) COVERAGE. --
"(1) IN GENERAL. -- A person who provides an annuity for a
spouse or former spouse under the Survivor Benefit Plan may elect
in accordance with this section to provide a supplemental spouse
annuity for that spouse or former spouse.
"(2) COVERAGE CONTINGENT ON CONCURRENT SBP COVERAGE. -- When a
person providing a supplemental spouse annuity under this
subchapter ceases to be a participant under the Survivor Benefit
Plan, that person's coverage under this subchapter automatically
terminates.
"(3) ELECTIONS TO BE VOLUNTARY. -- A person may not be ordered
or required to elect (or to enter into an agreement to elect) to
provide a spouse or former spouse with a supplemental spouse
annuity under this subchapter. Except as provided in section
1459(b) of this title, in no case shall a person be deemed to have
made an election to provide a supplemental annuity for a spouse or
former spouse of such person.
"(b) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICIPANTS NOT
AFFECTED BY TWO-TIER ANNUITY COMPUTATION. -- A person is not eligible
to make an election under this section if (as determined by the
Secretary concerned) the annuity of a spouse or former spouse
beneficiary of that person under the Survivor Benefit Plan will be
computed under section 1451(e) of this title. However, such a person
may waive the right to have that annuity computed under section 1451(e)
of this title. Any such election is irrevocable. A person making such
a waiver may make an election under this section as in the case of any
other participant in the Survivor Benefit Plan.
"(c) ELECTION OF SUPPLEMENTAL SPOUSE ANNUITY BEFORE BECOMING A
PARTICIPANT IN SBP. --
"(1) IN GENERAL. -- A person anticipating becoming a
participant in the Survivor Benefit Plan who has a spouse or
former spouse may elect to provide a supplemental spouse annuity
under this subchapter for that spouse or former spouse.
"(2) CONDITIONS ON ELECTION. -- An election under paragraph
(1) --
"(A) must be made before the day on which the person making the
election first becomes a participant in the Survivor Benefit Plan;
and
"(B) shall be made in the same manner as an election under
section 1448 of this title that is available to that person at the
same time.
"(3) REQUIREMENT OF SPOUSE ANNUITY UNDER SBP. -- If upon
becoming a participant in the Survivor Benefit Plan under section
1448 of this title the person is not providing an annuity for the
person's spouse or former spouse, an election under this section
to provide a supplemental spouse annuity shall be void.
"(4) SPECIAL RULE FOR RCSBP PARTICIPANTS. -- For the purposes
of this subsection, a person providing a reserve-component annuity
under the Survivor Benefit Plan shall not be considered to have
become a participant in that Plan until the end of the 90-day
period referred to in clause (iii) of section 1448(a)(2)(B) of
this title.
"(d) ELECTION OF FORMER SPOUSE AFTER BECOMING ELIGIBLE FOR SURVIVOR
BENEFIT PLAN. --
"(1) ELECTION OF COVERAGE. -- A person who elects under
section 1448(b)(3) of this title to provide coverage under the
Survivor Benefit Plan for a former spouse may elect to provide a
supplemental spouse annuity for that former spouse. Any such
election must be signed by the person and received by the
Secretary concerned within one year after the date of the decree
of divorce, dissolution, or annulment.
"(2) EFFECTIVE DATE OF ELECTION. -- An election under
paragraph (1) is effective as of the same day as the election
under section 1448(b)(3) of this title.
"(e) NOTICE TO SPOUSE OF FORMER SPOUSE COVERAGE. -- If a married
person who is eligible to provide an annuity under the Survivor Benefit
Plan elects to provide an annuity under that Plan for a former spouse
(or for a former spouse and dependent child) and elects under this
section to provide a supplemental spouse annuity for that former spouse,
the notification to the person's spouse under section 1448(a)(3)(E) or
1448(b)(3)(D) of this title shall include notice of the election under
this section.
"(f) IRREVOCABILITY OF ELECTIONS. --
"(1) STANDARD ANNUITY. -- An election under subsection (c) to
provide a supplemental spouse annuity by a person providing a
standard annuity under the Survivor Benefit Plan is irrevocable if
not revoked on the day before the date on which the person first
becomes a participant in that Plan.
"(2) RESERVE-COMPONENT ANNUITY. -- An election under
subsection (c) to provide a supplemental spouse annuity by a
person providing a reserve-component annuity under the Survivor
Benefit Plan is irrevocable if not revoked before the end of the
90-day period with respect to that person referred to in clause
(iii) of section 1448(a)(2)(B) of this title.
"(3) FORMER SPOUSE ELECTIONS. -- An election under subsection
(d) may not be revoked except in accordance with subsection (h).
"(g) REMARRIAGE AFTER RETIREMENT. --
"(1) ELECTION UPON REMARRIAGE. -- A person --
"(A) who is a participant in the Survivor Benefit Plan and is
providing coverage under that Plan for a spouse (or a spouse and
child) but is not a participant in the Supplemental Survivor
Benefit Plan;
"(B) who does not have an eligible spouse beneficiary under
that Plan; and
"(C) who remarries,
may (subject to paragraph (2)) elect to provide a supplemental
spouse annuity under this subchapter for the person's spouse.
"(2) LIMITATIONS ON ELECTION. -- A person may not make an
election under paragraph (1) if the person elects under section
1448(a)(6)(A) of this title not to provide coverage under the
Survivor Benefit Plan for the person's spouse.
"(3) CONDITIONS ON ELECTION. -- An election under paragraph
(1) --
"(A) is irrevocable;
"(B) shall be made within one year after the remarriage; and
"(C) shall be made in such form and manner as may be prescribed
in regulations under section 1460b of this title.
"(h) CHANGE OF FORMER SPOUSE BENEFICIARY TO SPOUSE OR CHILD
BENEFICIARY. -- If a person who is providing an annuity for a former
spouse under the Survivor Benefit Plan and a supplemental spouse annuity
for that former spouse under this subchapter elects under section
1450(f)(1) of this title to change the beneficiary of the annuity under
the Survivor Benefit Plan in order to provide an annuity under that Plan
to that person's spouse or to a dependent child --
"(1) the beneficiary under the supplemental spouse annuity
shall be deemed to be changed to that spouse also, if the change
under section 1450(f)(1) was to provide the annuity for the
person's spouse; and
"(2) participation in the supplemental spouse annuity program
shall be terminated, if the change under section 1450(f)(1) of
this title was to provide the annuity for a dependent child.
"(i) REINSTATEMENT OF DISCONTINUED ANNUITY UPON REINSTATEMENT OF SBP
ANNUITY. -- If a person who is providing an annuity for a former spouse
under the Survivor Benefit Plan and a supplemental spouse annuity for
that former spouse under this subchapter discontinues participation in
the Survivor Benefit Plan under any provision of law and subsequently
resumes participation in that Plan under any provision of law, the
participation of that person in the Supplemental Survivor Benefit Plan
under this chapter shall be reinstated effective on the day on which
participation in the Survivor Benefit Plan resumes.
"Section 1459. Former spouse coverage: special rules
"(a) DISCLOSURE OF VOLUNTARY WRITTEN AGREEMENT WITH FORMER SPOUSE.
-- A person who elects under section 1458 of this title to provide a
supplemental spouse annuity for a former spouse shall, at the time of
making the election, provide the Secretary concerned with a written
statement (in a form to be prescribed by that Secretary and signed by
such person and former spouse) setting forth whether the election is
being made pursuant to a written agreement previously entered into
voluntarily by such person as a part of or incident to a proceeding of
divorce, dissolution, or annulment and (if so) whether such voluntary
written agreement has been incorporated in, or ratified or approved by,
a court order.
"(b) ENFORCEMENT OF VOLUNTARY WRITTEN AGREEMENTS INCIDENT TO DIVORCE,
ETC. --
"(1) ELECTIONS DEEMED TO HAVE BEEN MADE. -- If a person who is
eligible to elect under section 1458 of this title to provide a
supplemental spouse annuity for a former spouse voluntarily
enters, incident to a proceeding of divorce, dissolution, or
annulment, into a written agreement to elect to provide a
supplemental annuity for a former spouse and that agreement is
incorporated in or ratified or approved by a court order or is
filed with the court of appropriate jurisdiction in accordance
with applicable State law, and such person then fails or refuses
to make the election as set forth in the voluntary agreement, such
person shall be deemed to have made the election if the Secretary
concerned --
"(A) receives from the former spouse concerned a written
request, in such manner as the Secretary shall prescribe,
requesting that the election be deemed to have been made; and
"(B) receives (i) a copy of the court order, regular on its
face, which incorporates, ratifies, or approves the written
agreement of such person, or (ii) a statement from the clerk of
the court (or other appropriate official) that such agreement has
been filed with the court in accordance with applicable State law.
"(2) TIME LIMIT FOR REQUEST TO SECRETARY CONCERNED. -- An
election may not be deemed to have been made under paragraph (1)
in the case of any person unless the Secretary concerned receives
a request from the former spouse within one year after the date of
the court order or filing involved.
"(3) EFFECTIVE DATE OF DEEMED ELECTION. -- An election deemed
to have been made under paragraph (1) shall become effective on
the first day of the first month which begins after the date of
the court order or filing involved.
"Section 1460. Supplemental spouse coverage: reductions in retired
pay
"(a) REDUCTION REQUIRED. -- The retired pay of a person who elects
to provide a supplemental spouse annuity shall be reduced each month as
required under regulations prescribed under subsection (b).
"(b) REGULATIONS DETERMINING AMOUNT OF REDUCTION. -- Regulations for
the purposes of subsection (a) shall be prescribed by the Secretary of
Defense. Those regulations shall be based upon assumptions used by the
Department of Defense Retirement Board of Actuaries in the valuation of
military retirement and survivor benefit programs under chapter 74 of
this title (including assumptions relating to mortality, interest rates,
and inflation) and shall ensure the following:
"(1) That reductions in retired pay under this section are made
in amounts sufficient to provide that the Supplemental Survivor
Benefit Plan operates on an actuarially neutral basis.
"(2) That such reductions are stated, with respect to the base
amount (under the Survivor Benefit Plan) of any person, as a
constant percentage of that base amount.
"(3) That the amounts of such reductions in retired pay of
persons participating in the Supplemental Survivor Benefit Plan
(stated as a percentage of base amount) --
"(A) are based on the age of the participant at the time
participation in that Plan is first effective under this
subchapter; and
"(B) are not determined by any other demographic
differentiation among participants in the Plan.
"(4) That such reductions are otherwise determined in
accordance with generally accepted actuarial principles and
practices.
"(c) SUSPENSION OF REDUCTION WHEN THERE IS NO SPOUSE BENEFICIARY. --
A reduction in retired pay under this section shall not be made in the
case of any person during any month in which there is no eligible spouse
or former spouse beneficiary.
"(d) ADJUSTMENTS IN AMOUNT OF REDUCTION. -- Whenever the amount of
the reduction in retired pay of a participant in the Survivor Benefit
Plan is increased under section 1452(h) of this title or recomputed
under section 1452(i) of this title, the amount of the reduction in that
retired pay under this section shall be increased or recomputed, as the
case may be, at the same time and in the same manner as that increase or
recomputation.
"(e) ADMINISTRATIVE PROVISIONS. -- The provisions of subsections (d)
and (f) of section 1452 of this title apply with respect to the
participation of a person in the Supplemental Survivor Benefit Plan in
the same manner that those provisions apply under the Survivor Benefit
Plan.
"Section 1460a. Incorporation of certain administrative provisions
"(a) APPLICABILITY OF CERTAIN PROVISIONS OF SBP LAW. -- The
provisions of section 1449, 1452(g), 1453, and 1454 of this title are
applicable to a person eligible to make an election, and to an election,
under this subchapter in the same manner as if made under subchapter II.
"(b) OTHER APPLICABLE PROVISIONS. -- Except to the extent otherwise
provided in regulations prescribed under section 1460b of this title,
the provisions of subsections (h), (i), and (l) of section 1450 of this
title apply to supplemental spouse annuities in the same manner that
those provisions apply to annuities under the Survivor Benefit Plan.
"Section 1460b. Regulations
"The President shall prescribe regulations to carry out this
subchapter. Those regulations shall, so far as practicable, be uniform
for the uniformed services and shall, so far as practicable, incorporate
provisions of the regulations in effect under section 1455 of this
title.".
(2) Effective on October 1, 1991, the table of subchapters at the
beginning of chapter 73 of such title is amended by adding at the end
the following new item:
"III. Supplemental Spouse Coverage for Survivor Benefit Plan
Participants .......... 1456".
(b) CONFORMING AMENDMENTS. -- (1) Section 1331(d) of title 10,
United States Code, is amended by inserting "and the Supplemental
Survivor Benefit Plan established under subchapter III of that chapter,"
after "this title".
(2) Section 3101(c)(1) of title 38, United States Code, is amended by
striking out "of subchapter I or II".
(3) "10 USC 1331 note" The amendments made by paragraphs (1) and (2)
shall take effect on October 1, 1991.
SEC. 1405. "10 USC 1448 note" OPEN ENROLLMENT PERIOD
(a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT PLAN. --
(1) ELECTION OF SBP COVERAGE. -- An eligible retired or former
member may elect to participate in the Survivor Benefit Plan
during the open enrollment period specified in subsection (f).
(2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE. -- An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan may also elect during the
open enrollment period to participate in the Supplemental Survivor
Benefit Plan established under subchapter III of chapter 73 of
title 10, United States Code, as added by section 1404.
(3) ELIGIBLE RETIRED OR FORMER MEMBER. -- For purposes of
paragraphs (1) and (2), an eligible retired or former member is a
member or former member of the uniformed services who on the day
before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and --
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter 67 of title
10, United States Code, but for the fact that such member or
former member is under 60 years of age.
(4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS. --
(A) STANDARD ANNUITY. -- A person making an election under
paragraph (1) by reason of eligibility under paragraph (3)(A)
shall be treated for all purposes as providing a standard annuity
under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY. -- A person making an election
under paragraph (1) by reason of eligibility under paragraph
(3)(B) shall be treated for all purposes as providing a
reserve-component annuity under the Survivor Benefit Plan.
(b) ELECTION TO INCREASE COVERAGE UNDER SBP. -- A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period elect to --
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the person's
spouse or former spouse at a base amount not less than the base
amount provided for the dependent child.
(c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE IN
SUPPLEMENTAL SBP. --
(1) ELECTION. -- A person who is eligible to make an election
under this paragraph may elect during the open enrollment period
to participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10, United
States Code, as added by section 1404.
(2) PERSONS ELIGIBLE. -- Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if on
the day before the first day of the open enrollment period the
person is a participant in the Survivor Benefit Plan and under
that Plan is providing annuity coverage for the person's spouse or
a former spouse.
(3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICIPANTS NOT
AFFECTED BY TWO-TIER ANNUITY COMPUTATION. -- A person is not
eligible to make an election under paragraph (1) if (as determined
by the Secretary concerned) the annuity of a spouse or former
spouse beneficiary of that person under the Survivor Benefit Plan
will be computed under section 1451(e) of title 10, United States
Code. However, such a person may during the open enrollment
period waive the right to have that annuity computed under such
section. Any such election is irrevocable. A person making such
a waiver may make an election under paragraph (1) as in the case
of any other participant in the Survivor Benefit Plan.
(d) MANNER OF MAKING ELECTIONS. -- An election under this section
must be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
(e) EFFECTIVE DATE FOR ELECTIONS. -- Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) OPEN ENROLLMENT PERIOD DEFINED. -- The open enrollment period is
the one-year period beginning on October 1, 1991.
(g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN TWO YEARS OF
MAKING ELECTION. -- If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(h) APPLICABILITY OF CERTAIN PROVISIONS OF LAW. -- The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) REPORT CONCERNING OPEN SEASON. -- Not later than June 1, 1990,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the open
season authorized by this section for the Survivor Benefit Plan. The
report shall include --
(1) a description of the Secretary's plans for implementation
of the open season;
(2) the Secretary's estimates of the costs associated with the
open season, including any anticipated effect of the open season
on the actuarial status of the Department of Defense Military
Retirement Fund; and
(3) any recommendation by the Secretary for further legislative
action.
SEC. 1406. "10 USC 1448 note" DEFINITIONS
For the purpose of this title:
(1) The term "Survivor Benefit Plan" means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
(2) The term "retired pay" includes retainer pay paid under
section 6330 of title 10, United States Code.
(3) The terms "uniformed services" and "Secretary concerned"
have the meanings given those terms in section 101 of title 37,
United States Code.
SEC. 1407. MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS
(a) GENERAL AMENDMENTS. -- Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(1) Section 1447 is amended --
(A) in paragraph (5), by striking out "this clause" both places
it appears and inserting in lieu thereof "this paragraph";
(B) in paragraph (11), by inserting "paid under section 6330 of
this title" after "retainer pay"; and
(C) by adding at the end the following new paragraph:
"(14) The term 'reserve-component retired pay' means retired
pay under chapter 67 of this title.".
(2) Sections 1447(2)(B), 1447(2)(C)(ii), 1448(a)(1)(B),
1448(a)(2)(B), 1448(f)(1)(A), 1448(f)(1)(B), and 1450(l)(1) are
amended by striking out "retired pay under chapter 67 of this
title" and inserting in lieu thereof "reserve-component retired
pay".
(3) Sections 1447(2)(C)(i), 1447(3), 1447(4), 1448(a)(4)(A),
1449, and 1450(l)(2) are amended by striking out "or retainer".
(4) Section 1450(f)(3)(B) is amended --
(A) by striking out "before October 1, 1985, or"; and
(B) by striking out ", whichever is later".
(5) Section 1451(c)(4) is amended by inserting "by reason of
the service of a person who first became a member of a uniformed
service before September 8, 1980" after "of this title".
(6) Section 1451(e)(1) is amended by striking out "plan" in the
matter preceding subparagraph (A) and inserting in lieu thereof
"Plan".
(7) Section 1451(e)(1)(B) is amended --
(A) by striking out "is" each place it appears and inserting in
lieu thereof "was";
(B) by striking out "has" in clause (ii) and inserting in lieu
thereof "had"; and
(C) by striking out "would be" in clause (iii) and inserting in
lieu thereof "would have been".
(8) Section 1451(e)(2) is amended by striking out "(as the base
amount is adjusted from time to time under section 1401a of this
title)" in subparagraphs (A) and (B).
(9) Section 1452(h) is amended --
(A) by inserting "(or any other provision of law)" after "of
this title" the first place it appears; and
(B) by striking out "increased under section 1401a of this
title" and inserting in lieu thereof "so increased".
(10)(A) The heading of section 1454 is amended to read as
follows:
"Section 1454. Correction of administrative errors".
(B) The item relating to that section in the table of sections
at the beginning of that subchapter is amended to read as follows:
"1454. Correction of administrative errors.".
(b) PARITY OF TREATMENT OF FORMER SPOUSES AND SURVIVING SPOUSES. --
(1) Section 1451(e) of title 10, United States Code, is amended by
inserting "or former spouse" in paragraphs (3)(A) and (4)(A) after
"widow or widower".
(2) The amendments made by paragraph (1) "10 USC 1451 note" shall
apply only with respect to the computation of an annuity for a person
who becomes a former spouse under a divorce that becomes final after the
date of the enactment of this Act.
SEC. 1501. "10 USC 113 note" SHORT TITLE; DEFINITIONS
(a) SHORT TITLE. -- This title may be cited as the "Military Child
Care Act of 1989".
(b) DEFINITIONS. -- For purposes of this title:
(1) The term "military child development center" means a
facility on a military installation (or on property under the
jurisdiction of the commander of a military installation) at which
child care services are provided for members of the Armed Forces
or any other facility at which such child care services are
provided that is operated by the Secretary of a military
department.
(2) The term "family home day care" means home-based child care
services that are provided for members of the Armed Forces by an
individual who (A) is certified by the Secretary of the military
department concerned as qualified to provide those services, and
(B) provides those services on a regular basis for compensation.
(3) The term "child care employee" means a civilian employee of
the Department of Defense who is employed to work in a military
child development center (regardless of whether the employee is
paid from appropriated funds or nonappropriated funds).
(4) The term "child care fee receipts" means those
nonappropriated funds that are derived from fees paid by members
of the Armed Forces for child care services provided at military
child development centers.
SEC. 1502. FUNDING FOR MILITARY CHILD CARE FOR FISCAL YEAR 1990
(a) FISCAL YEAR 1990 FUNDING. -- (1) It is the policy of Congress
that the amount of appropriated funds available during fiscal year 1990
for operating expenses for military child development centers shall not
be less than the amount of child care fee receipts that are estimated to
be received by the Department of Defense during that fiscal year. Of
the amount authorized to be appropriated for the Department of Defense
for fiscal year 1990, $102,000,000 shall be available for operating
expenses for military child development centers.
(2) In addition to the amount referred to in paragraph (1),
$26,000,000 shall be available for child care and child-related services
of the Department other than military child development centers.
(3) In using the funds referred to in paragraph (1), the Secretary
shall give priority to --
(A) increasing the number of child care employees who are
directly involved in providing child care for members of the Armed
Forces; and
(B) expanding the availability of child care for members of the
Armed Forces.
(b) FUNDS DERIVED FROM PARENT FEES TO BE USED FOR EMPLOYEE
COMPENSATION AND OTHER CHILD CARE SERVICES. -- (1) Except as provided
in paragraph (2), child care fee receipts may be used during fiscal year
1990 only for compensation of child care employees who are directly
involved in providing child care.
(2) If the Secretary of Defense determines that compliance with the
limitation in paragraph (1) would result in an uneconomical and
inefficient use of such fee receipts, the Secretary may (to the extent
that such compliance would be uneconomical and inefficient) use such
receipts --
(A) first, for the purchase of consumable or disposable items
for military child development centers; and
(B) if the requirements of such centers for consumable or
disposable items for fiscal year 1990 have been met, for other
expenses of those centers.
(c) REPORT. -- (1) Not later than December 31, 1989, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on how the Secretary
intends to use the funds referred to in subsection (a), including how
the Secretary intends to achieve the priorities specified in paragraph
(3) of that subsection.
(2) If at the time such report is submitted the Secretary proposes to
use the authority provided by subsection (b)(2), the Secretary shall
include in the report under paragraph (1) a description of the use
proposed to be made of that authority and a statement of the reasons why
the Secretary determined that compliance with the limitation in
subsection (b)(1) would result in an uneconomical and inefficient use of
child care fee receipts, together with supporting cost information and
other information justifying the determination.
(3) If the Secretary uses such authority after December 31, 1989, the
Secretary shall promptly inform the committees of the use of the
authority and of the reasons for its use.
SEC. 1503. CHILD CARE EMPLOYEES
(a) REQUIRED TRAINING. -- (1) The Secretary of Defense shall
establish, and prescribe regulations to implement, a training program
for child care employees. Those regulations shall apply uniformly among
the military departments. Subject to paragraph (2), satisfactory
completion of the training program shall be a condition of employment of
any person as a child care employee.
(2) Under those regulations, the Secretary shall require that each
child care employee complete the training program not later than six
months after the date on which the employee is employed as a child care
employee (except that, in the case of a child care employee hired before
the date on which the training program is established, the Secretary
shall require that the employee complete the program not later than six
months after that date).
(3) The training program established under this subsection shall
cover, at a minimum, training in the following:
(A) Early childhood development.
(B) Activities and disciplinary techniques appropriate to
children of different ages.
(C) Child abuse prevention and detection.
(D) Cardiopulmonary resuscitation and other emergency medical
procedures.
(b) TRAINING AND CURRICULUM SPECIALISTS. -- (1) The Secretary of
Defense shall require that at least one employee at each military child
development center be a specialist in training and curriculum
development. The Secretary shall ensure that such employees have
appropriate credentials and experience.
(2) The duties of such employees shall include the following:
(A) Special teaching activities at the center.
(B) Daily oversight and instruction of other child care
employees at the center.
(C) Daily assistance in the preparation of lesson plans.
(D) Assistance in the center's child abuse prevention and
detection program.
(E) Advising the director of the center on the performance of
other child care employees.
(3) Each employee referred to in paragraph (1) shall be an employee
in a competitive service position.
(c) PROGRAM TO TEST COMPETITIVE RATES OF PAY. -- (1) For the purpose
of improving the capability of the Department of Defense to provide
military child development centers with a qualified and stable civilian
workforce, the Secretary of Defense shall conduct a program as provided
in this subsection to increase the compensation of child care employees.
The Secretary shall begin the program not later than six months after
the date of the enactment of this Act. The program shall be in effect
for a period of at least two years.
(2) The program shall apply to all child care employees who --
(A) are directly involved in providing child care; and
(B) are paid from nonappropriated funds.
(3) Under the program, child care employees at a military
installation who are described in paragraph (2) shall be paid --
(A) in the case of entry-level employees, at rates of pay
competitive with the rates of pay paid to other entry-level
employees at that installation who are drawn from the same labor
pool; and
(B) in the case of other employees, at rates of pay
substantially equivalent to the rates of pay paid to other
employees at that installation with similar training, seniority,
and experience.
(d) EMPLOYMENT PREFERENCE TEST PROGRAM FOR MILITARY SPOUSES. -- (1)
The Secretary of Defense shall conduct a test program under which
qualified spouses of members of the Armed Forces shall be given a
preference in hiring for the position of child care employee in a
position paid from nonappropriated funds if the spouse is among persons
determined to be best qualified for the position. A spouse who is
provided a preference under this subsection at a military child
development center may not be precluded from obtaining another
preference, in accordance with section 806 of the Military Family Act of
1985 (10 U.S.C. 113 note), in the same geographical area as the military
child development center.
(2) The test program under this subsection shall run concurrently
with the program under subsection (c).
(e) REPORT ON COMPENSATION AND SPOUSE EMPLOYMENT PREFERENCE PROGRAMS.
-- Not later than March 1, 1991, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report on the programs under subsections (c) and (d).
The report shall include the findings of the Secretary concerning the
effect of each of the programs on the quality of child care provided in
military child development centers and the effect of the spouse
employment preference program on employee turnover at such centers.
(f) ADDITIONAL CHILD CARE POSITIONS. -- (1) The Secretary of Defense
shall make available for child care programs of the Department of
Defense, not later than September 30, 1990, at least 1,000 competitive
service positions in addition to the number of competitive service
positions in such programs as of September 30, 1989. During fiscal year
1991, the Secretary shall make available to child care programs of the
Department additional competitive service positions so that the number
of competitive service positions in such programs as of September 30,
1991, is at least 3,700 greater than the number of competitive service
positions in such programs as of September 30, 1989.
(2) The Secretary may waive the increase otherwise required by the
second sentence of paragraph (1) to the extent that the Secretary
determines that such increase is not executable. If the Secretary
issues such a waiver, the Secretary shall promptly submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the waiver. Any such report shall specify the number of
such positions waived and the reasons for the waiver.
(3) The additional positions provided for in paragraph (1), and the
workyears associated with those positions, that are used outside the
United States shall not be counted for purpose of applying any
limitation on the total number of positions or workyears, respectively,
available to the Department of Defense outside the United States (or any
limitation on the availability of appropriated funds for such positions
or workyears for any fiscal year).
(g) COMPETITIVE SERVICE POSITION DEFINED. -- For purposes of this
section, the term "competitive service position" means a position in the
competitive service, as defined in section 2102(a)(1) of title 5, United
States Code.
SEC. 1504. PARENT FEES
The Secretary of Defense shall prescribe regulations establishing
fees to be charged parents for the attendance of children at military
child development centers. Those regulations shall be uniform for the
military departments and shall require that, in the case of children who
attend the centers on a regular basis, the fees shall be based on family
income.
SEC. 1505. CHILD ABUSE PREVENTION AND SAFETY AT FACILITIES
(a) CHILD ABUSE TASK FORCE. -- The Secretary of Defense shall
establish and maintain a special task force to respond to allegations of
widespread child abuse at a military installation. The task force shall
be composed of personnel from appropriate disciplines, including, where
appropriate, medicine, psychology, and childhood development. In the
case of such allegations, the task force shall provide assistance to the
commander of the installation, and to parents at the installation, in
helping them to deal with such allegations.
(b) NATIONAL HOTLINE. -- (1) The Secretary of Defense shall
establish and maintain a national telephone number for persons to use to
report suspected child abuse or safety violations at a military child
development center or family home day care site. The Secretary shall
ensure that such reports may be made anonymously if so desired by the
person making the report. The Secretary shall establish procedures for
following up on complaints and information received over that number.
(2) The Secretary shall establish such national telephone number not
later than 90 days after the date of the enactment of this Act and shall
publicize the existence of the number.
(c) ASSISTANCE FROM LOCAL AUTHORITIES. -- The Secretary of Defense
shall prescribe regulations requiring that, in a case of allegations of
child abuse at a military child development center or family home day
care site, the commander of the military installation or the head of the
task force established under subsection (a) shall seek the assistance of
local child protective authorities if such assistance is available.
(d) SAFETY REGULATIONS. -- The Secretary of Defense shall prescribe
regulations on safety and operating procedures at military child
development centers. Those regulations shall apply uniformly among the
military departments.
(e) INSPECTIONS. -- The Secretary of Defense shall require that each
military child development center be inspected not less often than four
times a year. Each such inspection shall be unannounced. At least one
inspection a year shall be carried out by a representative of the
installation served by the center, and one inspection a year shall be
carried out by a representative of the major command under which that
installation operates.
(f) REMEDIES FOR VIOLATIONS. -- (1) Except as provided in paragraph
(2), any violation of a safety, health, or child welfare law or
regulation (discovered at an inspection or otherwise) at a military
child development center shall be remedied immediately.
(2) In the case of a violation that is not life threatening, the
commander of the major command under which the installation concerned
operates may waive the requirement that the violation be remedied
immediately for a period of up to 90 days beginning on the date of the
discovery of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development center shall
be closed until the violation is remedied. The Secretary of the
military department concerned may waive the preceding sentence and
authorize the center to remain open in a case in which the violation
cannot reasonably be remedied within that 90-day period or in which
major facility reconstruction is required.
(3) If a military child development center is closed under paragraph
(2), the Secretary of the military department concerned shall promptly
submit to the Committees on Armed Services of the Senate and House of
Representatives a report notifying those committees of the closing. The
report shall include --
(A) notice of the violation that resulted in the closing and
the cost of remedying the violation; and
(B) a statement of the reasons why the violation has not been
remedied as of the time of the report.
(g) REPORT ON COOPERATION WITH DEPARTMENT OF JUSTICE. -- (1) The
Secretary of Defense, in consultation with the Attorney General, shall
study matters relating to military child care that are of concern to the
Department of Justice. The matters studied shall include the following:
(A) Improving communication between the Department of Defense
and the Department of Justice in investigations of child abuse in
military programs and in the coordination of the conduct of such
investigations.
(B) Eliminating overlapping responsibilities between the two
departments.
(C) Making better use of government and non-government experts
in child abuse investigations and prosecutions.
(D) Improving communication with affected families by the
Department of Defense, the Department of Justice, and appropriate
State and local agencies.
(2) Not later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
study required by paragraph (1). The report shall include
recommendations on methods for improving the matters studied.
(3) Not later than nine months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report evaluating the findings in the report submitted under
paragraph (2).
SEC. 1506. PARENT PARTNERSHIPS WITH CHILD DEVELOPMENT CENTERS
(a) PARENT BOARDS. -- The Secretary of Defense shall require that
there be established at each military child development center a board
of parents, to be composed of parents of children attending the center.
The board shall meet periodically with staff of the center and the
commander of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
(b) PARENT PARTICIPATION PROGRAMS. -- The Secretary of Defense shall
require the establishment of a parent participation program at each
military child development center. As part of such program, the
Secretary of Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in the parent
participation program at that center, at rates lower than the rates that
otherwise apply.
SEC. 1507. REPORT ON FIVE-YEAR DEMAND FOR CHILD CARE
(a) REPORT REQUIRED. -- Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the expected demand for child care by military and
civilian personnel of the Department of Defense during fiscal years 1991
through 1995.
(b) PLAN FOR MEETING DEMAND. -- The report shall include --
(1) a plan for meeting the expected child care demand
identified in the report; and
(2) an estimate of the cost of implementing that plan.
(c) MONITORING OF FAMILY DAY CARE PROVIDERS. -- The report shall
also include a description of methods for monitoring family home day
care programs of the military departments.
SEC. 1508. SUBSIDIES FOR FAMILY HOME DAY CARE
The Secretary of Defense may use appropriated funds available for
military child care purposes to provide assistance to family home day
care providers so that family home day care services can be provided to
members of the Armed Forces at a cost comparable to the cost of services
provided by military child development centers. The Secretary shall
prescribe regulations for the provision of such assistance.
SEC. 1509. EARLY CHILDHOOD EDUCATION DEMONSTRATION PROGRAM
(a) DEMONSTRATION PROGRAM FOR ACCREDITED CENTERS. -- (1) The
Secretary of Defense shall carry out a program to demonstrate the effect
on the development of preschool children of requiring that military
child development centers meet standards of operation necessary for
accreditation by an appropriate national early childhood programs
accrediting body. To carry out such demonstration program, the
Secretary shall ensure that not later than June 1, 1991, at least 50
military child development centers are accredited by such an appropriate
national early childhood accrediting body.
(2) Each military child development center so accredited shall be
designated as an early childhood education demonstration project and
shall serve as a program model for other military child development
centers and family home day care providers at military installations.
(b) PLAN FOR IMPLEMENTATION. -- Not later than April 1, 1990, the
Secretary shall submit to the Committees on Armed Services of the Senate
and House of Representatives a plan for carrying out the requirements of
subsection (a).
(c) EVALUATION. -- The Secretary shall obtain an independent
evaluation of the demonstration program carried out under subsection (a)
to determine the extent to which the imposition of a requirement that
military child development centers meet accreditation standards
effectively promotes the development of preschool children of members of
the Armed Forces. The Secretary shall report the results of the
evaluation to Congress, together with such comments and recommendations
as the Secretary considers appropriate, not later than July 15, 1992.
SEC. 1510. DEADLINE FOR REGULATIONS
Regulations required to be prescribed by this title shall be
prescribed not later than 90 days after the date of the enactment of
this Act.
SEC. 1601. TRANSFER AUTHORITY
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS. -- (1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1990 between any such authorizations (or any subdivisions thereof).
Amounts of authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) The total amount of authorizations that the Secretary of Defense
may transfer under the authority of this section may not exceed
$3,000,000,000.
(b) LIMITATIONS. -- The authority provided by this section to
transfer authorizations --
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) EFFECT ON OBLIGATION LIMITATIONS. -- A transfer made under the
authority of this section increases by the amount of the transfer the
obligation limitation provided in this division on the account (or other
amount) to which the transfer is made.
(d) NOTICE TO CONGRESS. -- The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this section.
SEC. 1602. RESTATEMENT AND CLARIFICATION OF REQUIREMENT FOR
CONSISTENCY IN THE BUDGET PRESENTATIONS OF THE DEPARTMENT OF DEFENSE
(a) RESTATEMENT AND CLARIFICATION. -- (1) Chapter 2 of title 10,
United States Code, is amended by inserting after section 114 the
following new section:
"Section 114a. Five-Year Defense Program: submission to Congress;
consistency in budgeting
"(a) The Secretary of Defense shall submit to Congress each year, at
or about the time that the President's budget is submitted to Congress
that year under section 1105(a) of title 31, the current five-year
defense program (including associated annexes) reflecting the estimated
expenditures and proposed appropriations included in that budget.
"(b)(1) The Secretary of Defense shall ensure that amounts described
in subparagraph (A) of paragraph (2) for any fiscal year are consistent
with amounts described in subparagraph (B) of paragraph (2) for that
fiscal year.
"(2) Amounts referred to in paragraph (1) are the following:
"(A) The amounts specified in program and budget information
submitted to Congress by the Secretary in support of expenditure
estimates and proposed appropriations in the budget submitted to
Congress by the President under section 1105(a) of title 31 for
any fiscal year, as shown in the five-year defense program
submitted pursuant to subsection (a).
"(B) The total amounts of estimated expenditures and proposed
appropriations necessary to support the programs, projects, and
activities of the Department of Defense included pursuant to
paragraph (5) of section 1105(a) of title 31 in the budget
submitted to Congress under that section for any fiscal year.
"(c) Nothing in this section shall be construed to prohibit the
inclusion in the five-year defense program of amounts for management
contingencies, subject to the requirements of subsection (b).".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 114 the following new
item:
"114a. Five-Year Defense Program: submission to Congress;
consistency in budgeting.".
(b) CONFORMING AMENDMENT. -- Section 114 of title 10, United States
Code, is amended by striking out subsections (f) and (g).
SEC. 1603. LIMITATION ON RESTORATION OF WITHDRAWN UNOBLIGATED
BALANCES
(a) CONDITIONS ON RESTORATION. -- (1) Chapter 165 of title 10,
United States Code, is amended by adding at the end the following new
section:
"Section 2782. Unobligated balances withdrawn from availability for
obligation: limitations on restoration
"(a)(1) If a defense funds restoral to provide funds for a program,
project, or activity to cover amounts required for late contract changes
would cause the total amount of such restorals during a fiscal year for
late contract changes for that program, project or activity to exceed
$4,000,000, the restoral action may only be carried out if --
"(A) the Secretary of the military department concerned, or the
Secretary of Defense, with respect to a program, project, or
activity administered by a Defense Agency, determines that such
action is necessary to pay obligations and make adjustments under
an existing contract; and
"(B) the action is approved by the Secretary of Defense (or an
officer of the Department of Defense within the Office of the
Secretary of Defense to whom the Secretary has delegated the
authority to approve such an action).
"(2) A contract change shall be considered to be a late contract
change for purposes of paragraph (1) if it is made after the end of the
period of availability for obligation of the account to which funds are
to be restored under the restoral action.
"(b) In a case in which any defense funds restoral to provide funds
for a program, project, or activity of the Department of Defense would
cause the total amount so restored during a fiscal year for that
program, project or activity to exceed $25,000,000, the restoral action
may not be taken until --
"(1) the Secretary of Defense submits to the Committees on
Armed Services and the Committees on Appropriations of the Senate
and House of Representatives a notice in writing of the intent to
restore such funds, together with a description of the legal basis
for the proposed action and the policy reasons for the proposed
action; and
"(2) a period of 30 days has elapsed after the notice is
submitted.
"(c) In this section:
"(1) The term 'defense funds restoral' means a restoration of
funds authorized by section 1552(a)(2) of title 31 to an
appropriation account of the Department of Defense.
"(2) The term 'contract change' means a change to a contract
under which the contractor is required to perform additional work.
Such term does not include adjustments to pay claims or increases
under a so-called 'escalation clause'.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2782. Unobligated balances withdrawn from availability for
obligation: limitations on restoration.".
(b) REPORT ON STATUS OF AIR FORCE FUNDS IN TREASURY M ACCOUNT. --
The Secretary of Defense shall submit to the congressional defense
committees a report on the status of the availability of expired or
lapsed funds of the Department of the Air Force in the Department of
Treasury Account known as the "M Account". The report shall include an
accounting of all funds for the B-1B aircraft program that have been
transferred to that account and the amount of those funds that have been
withdrawn or obligated from that account. The report shall be submitted
concurrently with the submission to Congress of the budget for fiscal
year 1991.
SEC. 1604. "31 USC 1531 note" PROHIBITION ON TRANSFER OF FUNDS TO
OTHER DEPARTMENTS AND AGENCIES
Funds made available pursuant to this or any other Act for military
functions of the Department of Defense may not be made available to any
other department or agency of the Federal Government pursuant to a
provision of law enacted after the date of the enactment of this Act
unless, not less than 30 days before such funds are made available to
such other department or agency, the Secretary of Defense submits to the
congressional defense committees a report describing the effect on
military preparedness of making such funds available to such department
or agency.
SEC. 1605. AUTHORITY TO TRANSFER FUNDS TO DEPARTMENT OF ENERGY
(a) TRANSFERS FOR ATOMIC ENERGY DEFENSE ACTIVITIES. -- During fiscal
year 1990, the Secretary of Defense may transfer to the Department of
Energy, from funds appropriated to the Department of Defense, such sums
(not to exceed $135,000,000) as the Secretary of Defense and the
Secretary of Energy, with the approval of the President, determine are
necessary for Atomic Energy Defense Activities. Funds so transferred
shall be merged with, and shall be available for the same time period
as, the appropriation account to which transferred.
(b) CONGRESSIONAL NOTICE-AND-WAIT. -- A transfer may not be made
under subsection (a) until --
(1) the Secretary of Defense notifies the Committees on Armed
Services and the Committees on Appropriations of the Senate and
House of Representatives in writing of the proposed transfer and
of the source of the funds for the proposed transfer; and
(2) a period of 30 days elapses after the notice is received by
those committees.
SEC. 1606. ONE-YEAR DELAY IN ANY CHANGE IN POLICY RESPECTING
REIMBURSEMENT OF DEPARTMENT OF DEFENSE FUNDS FOR SALARIES OF MEMBERS OF
THE ARMED FORCES ASSIGNED TO DUTY IN CONNECTION WITH FOREIGN MILITARY
SALES PROGRAMS
(a) ONE-YEAR DELAY. -- Charges for administrative services
calculated under section 21(e) of the Arms Export Control Act (22 U.S.C.
2761(e)) in connection with the sale of defense articles or defense
services may not exclude recovery of administrative expenses incurred by
the Department of Defense before October 1, 1990, that are attributable
to salaries of members of the Armed Forces if the recovery of such
administrative expenses would have been allowed under the law in effect
on September 30, 1989. Reimbursement of Department of Defense military
personnel appropriation accounts for the value of services provided
during fiscal year 1990 in connection with the sale of defense articles
or defense services may not be denied or limited except to the extent
permitted under the law in effect on September 30, 1989.
(b) STATUTORY CONSTRUCTION. -- A provision of law enacted after the
date of the enactment of this Act may not be construed as modifying or
superseding this section unless that provision specifically refers to
this section and specifically states that such provision of law modifies
or supersedes this section.
SEC. 1607. REPAIR AND REPLACEMENT OF PROPERTY OF THE DEPARTMENT OF
DEFENSE DAMAGED OR DESTROYED BY HURRICANE HUGO
(a) Subject to subsection (b), the Secretary of Defense may take such
action as he considers necessary to repair damage to real property,
facilities, equipment, and other property of the Department of Defense
caused by hurricane Hugo in September 1989 or to replace any such
property damaged beyond economical repair by that hurricane.
(b) The authority of the Secretary under subsection (a) is subject to
the availability of appropriations that may be used for the purposes
described in such subsection.
SEC. 1611. IDENTIFICATION AND HANDLING OF HAZARDOUS WASTES IN NAVAL
SHIP REPAIR WORK
(a) REVISION OF REQUIRED CONTRACT PROVISIONS. -- Section 7311 of
title 10, United States Code, is amended to read as follows:
"Section 7311. Repair or maintenance of naval vessels: handling of
hazardous waste
"(a) CONTRACTUAL PROVISIONS. -- The Secretary of the Navy shall
ensure that each contract entered into for work on a naval vessel (other
than new construction) includes the following provisions:
"(1) IDENTIFICATION OF HAZARDOUS WASTES. -- A provision in
which the Navy identifies the types and amounts of hazardous
wastes that are required to be removed by the contractor from the
vessel, or that are expected to be generated, during the
performance of work under the contract, with such identification
by the Navy to be in a form sufficient to enable the contractor to
comply with Federal and State laws and regulations on the removal,
handling, storage, transportation, or disposal of hazardous waste.
"(2) COMPENSATION. -- A provision specifying that the
contractor shall be compensated under the contract for work
performed by the contractor for duties of the contractor specified
under paragraph (3).
"(3) STATEMENT OF WORK. -- A provision specifying the
responsibilities of the Navy and of the contractor, respectively,
for the removal (including the handling, storage, transportation,
and disposal) of hazardous wastes.
"(4) ACCOUNTABILITY FOR HAZARDOUS WASTES. -- (A) A provision
specifying the following:
"(i) In any case in which the Navy is the sole generator of
hazardous waste that is removed, handled, stored, transported, or
disposed of by the contractor in the performance of the contract,
all contracts, manifests, invoices, and other documents related to
the removal, handling, storage, transportation, or disposal of
such hazardous waste shall bear a generator identification number
issued to the Navy pursuant to applicable law.
"(ii) In any case in which the contractor is the sole generator
of hazardous waste that is removed, handled, stored, transported,
or disposed of by the contractor in the performance of the
contract, all contracts, manifests, invoices, and other documents
related to the removal, handling, storage, transportation, or
disposal of such hazardous waste shall bear a generator
identification number issued to the contractor pursuant to
applicable law.
"(iii) In any case in which both the Navy and the contractor
are generators of hazardous waste that is removed, handled,
stored, transported, or disposed of by the contractor in the
performance of the contract, all contracts, manifests, invoices,
and other documents related to the removal, handling, storage,
transportation, or disposal of such hazardous waste shall bear
both a generator identification number issued to the Navy and a
generator identification number issued to the contractor pursuant
to applicable law.
"(B) A determination under this paragraph of whether the Navy
is a generator, a contractor is a generator, or both the Navy and
a contractor are generators, shall be made in the same manner
provided under subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) and regulations promulgated under that
subtitle.
"(b) RENEGOTIATION OF CONTRACT. -- The Secretary of the Navy shall
renegotiate a contract described in subsection (a) if --
"(1) the contractor, during the performance of work under the
contract, discovers hazardous wastes different in type or amount
from those identified in the contract; and
"(2) those hazardous wastes originated on, or resulted from
material furnished by the Government for, the naval vessel on
which the work is being performed.
"(c) REMOVAL OF WASTES. -- The Secretary of the Navy shall remove
known hazardous wastes from a vessel before the vessel's arrival at a
contractor's facility for performance of a contract, to the extent such
removal is feasible.
"(d) RELATIONSHIP TO SOLID WASTE DISPOSAL ACT. -- Nothing in this
section shall be construed as altering or otherwise affecting those
provisions of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) that
relate to generators of hazardous waste. For purposes of this section,
any term used in this section for which a definition is provided by the
Solid Waste Disposal Act (or regulations promulgated pursuant to such
Act) has the meaning provided by that Act or regulations.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "10 USC
7311 note" shall apply with respect to any contract for work on a naval
vessel (other than new construction) entered into after the end of the
90-day period beginning on the date of the enactment of this Act.
SEC. 1612. PROGRESS PAYMENTS UNDER NAVAL VESSEL REPAIR CONTRACTS
Section 7312 of title 10, United States Code, is amended --
(1) by striking out "90 percent" and "85 percent" in subsection
(a) and inserting in lieu thereof "95 percent" and "90 percent",
respectively; and
(2) by striking out "(other than a nuclear-powered vessel) for
work required to be performed in one year or less" in subsection
(b).
SEC. 1613. "10 USC 7291 note" FUNDING FOR SHIP PRODUCTION
ENGINEERING
(a) CATEGORY FOR FUNDING. -- Any request submitted to Congress for
appropriations for ship production engineering necessary to support the
procurement of any ship included (at the time the request is submitted)
in the five-year shipbuilding and conversion plan of the Navy shall be
set forth in the Shipbuilding and Conversion account of the Navy (rather
than in research and development accounts).
(b) APPLICABILITY. -- Subsection (a) shall apply only with respect
to appropriations for a fiscal year after fiscal year 1990.
SEC. 1614. DEPOT-LEVEL MAINTENANCE OF SHIPS HOMEPORTED IN JAPAN
(a) "10 USC 7291 note" REQUIREMENT THAT CERTAIN WORK BE PERFORMED IN
UNITED STATES. -- The Secretary of the Navy shall require that, to the
extent feasible and consistent with policies of the Navy regarding
family separations, not less than one-half of the depot-level
maintenance work described in subsection (b) (measured in cost) shall be
carried out in shipyards in the United States (including the territories
of the United States).
(b) WORK COVERED. -- Depot-level maintenance work referred to in
subsection (a) is depot-level maintenance work for naval vessels that is
scheduled as of October 1, 1989, to be carried out in Japan during
fiscal years 1990, 1991, and 1992.
(c) CONFORMING REPEAL. -- Section 1226 of Public Law 100-456 (102
Stat. 2055) "10 USC 7291 note" is repealed.
SEC. 1615. REPORT ON ALTERNATIVES TO NAVY OXYGEN BREATHING APPARATUS
FOR SHIPBOARD FIREFIGHTING
(a) STUDY. -- The Secretary of the Navy shall evaluate alternatives
to the Oxygen Breathing Apparatus (OBA) of the Navy used in shipboard
firefighting. The evaluation shall include consideration of --
(1) firefighting breathing devices which are used by other
government agencies;
(2) firefighting breathing devices which are commercially
available; and
(3) undeveloped technologies which could lead to the
development of a more effective breathing device for shipboard
firefighting.
(b) CRITERIA. -- In performing the evaluation under subsection (a),
the Secretary shall consider the following criteria for firefighting
breathing devices:
(1) Uninterrupted breathing duration.
(2) Adaptability to shipboard space limitations.
(3) Portability in use.
(4) Training requirements for effective use.
(5) Cost.
(6) Availability.
(c) REPORT. -- (1) The Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the evaluation under subsection (a). The report shall include an
acquisition plan for providing an improved breathing apparatus for
shipboard firefighting as soon as possible. In preparing that plan, the
Secretary shall consider the use of any available expedited research and
development and acquisition procedures.
(2) The report shall be submitted no later than 180 days after the
date of the enactment of this Act.
SEC. 1616. STRIPPING OF NAVAL VESSELS TO BE USED FOR EXPERIMENTAL
PURPOSES
Section 7306 of title 10, United States Code, is amended --
(1) by inserting "(a)" before "The Secretary of the Navy,";
and
(2) by adding at the end the following:
"(b)(1) Before using any vessel for an experimental purpose pursuant
to this section, the Secretary shall carry out such stripping of the
vessel as is practicable.
"(2) Amounts received as a result of stripping of vessels pursuant to
this subsection shall be credited to applicable appropriations available
for the procurement of scrapping services under this subsection, to the
extent necessary for the procurement of those services. Amounts
received which are in excess of amounts necessary for procuring those
services shall be deposited into the general fund of the Treasury.
"(3) In providing for stripping of a vessel pursuant to this
subsection, the Secretary shall ensure that such stripping does not
destroy or diminish the structural integrity of the vessel.".
SEC. 1621. TECHNICAL AMENDMENTS TO CONFORM REFERENCES TO CREATION OF
DEPARTMENT OF VETERANS AFFAIRS
(a) TITLE 10 UNITED STATES CODE. -- Title 10, United States Code, is
amended as follows:
(1) The following sections are amended by striking out
"Veterans' Administration" and inserting in lieu thereof
"Department of Veterans Affairs": sections 176(a)(3), 772(g),
1174(h)(2), 1201(3)(B), 1203(4)(A), 1203(4)(B), 1203(4)(C),
1204(4)(B), 1206(4), 1209, 1210(c), 1210(d), 1210(e), 1212(c),
1218(a)(1), 1431(b)(1), 1433 (in two places), 1441, 1449, 1450(h),
1452(g)(1), 1452(g)(5), 1476(b), 2641(a), 2641(b)(1) (in two
places), 2641(d)(2), 4342(a)(1), 4621(d), 4683(a)(1), 4713(c),
6954(a)(1), 7603, 9342(a)(1), 9621(d), and 9713(c).
(2) The following sections are amended by striking out
"Administrator of Veterans' Affairs" and inserting in lieu thereof
"Secretary of Veterans Affairs": sections 1074(b), 1216(c),
1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a),
1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).
(3) Section 1086(g) is amended by striking out "Veterans'
Administration facilities" and inserting in lieu thereof
"facilities of the Department of Veterans Affairs".
(4) Sections 1168(b) and 1218(c) are amended by striking out
"Veterans' Administration facility" and inserting in lieu thereof
"facility of the Department of Veterans Affairs".
(5) Section 1480(c) is amended by striking out "the Secretary
or the Administrator" and inserting in lieu thereof "the Secretary
concerned or the Secretary of Veterans Affairs".
(6) Section 2006(d) is amended by striking out "the
Administrator" in the second sentence and inserting in lieu
thereof "the Secretary of Veterans Affairs".
(7)(A) The heading of section 2185 is amended to read as
follows:
"Section 2185. Programs to be consistent with programs administered
by the Department of Veterans Affairs".
(B) The item relating to such section in the table of sections
at the beginning of chapter 110 is amended to read as follows:
"2185. Programs to be consistent with programs the Department of
Veterans Affairs.".
(8) Section 2641(b)(1) is amended by striking out "the
Administrator requests" and inserting in lieu thereof "the
Secretary of Veterans Affairs requests".
(9) Section 2679 is amended --
(A) in subsection (a) --
(i) by striking out "Administrator of Veterans' Affairs" and
inserting in lieu thereof "Secretary of Veterans Affairs";
(ii) by inserting "concerned" after "Secretary" the second and
third places it appears; and
(iii) by striking out "the Administrator," and inserting in
lieu thereof "the Secretary of Veterans Affairs," and
(B) in subsection (c), by striking out "the Administrator" and
inserting in lieu thereof "the Secretary of Veterans Affairs".
(10) The text of each of sections 3446 and 8446 is amended to
read as follows:
"The President may retain on active duty a disabled officer until --
"(1) the physical condition of the officer is such that the
officer will not be further benefited by retention in a military
hospital or a medical facility of the Department of Veterans
Affairs; or
"(2) the officer is processed for physical disability benefits
as provided by law.".
(b) TITLE 37 UNITED STATES CODE. -- Title 37, United States Code, is
amended as follows:
(1) Section 602(b)(5) is amended by striking out "Veterans'
Administration" and inserting in lieu thereof "Department of
Veterans Affairs".
(2) Section 603 is amended by striking out "Administrator of
Veterans' Affairs" and inserting in lieu thereof "Secretary of
Veterans Affairs".
SEC. 1622. MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS TO TITLE
10, UNITED STATES CODE
(a) CORRECTION OF DUPLICATE SECTION NUMBERS. -- The second section
7313 of title 10, United States Code (enacted by section 1225 of Public
Law 100-456), is redesignated as section 7314, and the item relating to
that section in the table of sections at the beginning of chapter 633 of
such title is revised to reflect that redesignation.
(b) TRANSFER AND REDESIGNATION OF SECTION. -- (1) Section 975 of
title 10, United States Code, is transferred to chapter 141, inserted
after section 2389, and redesignated as section 2390.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2389 the following new
item:
"2390. Prohibition on the sale of certain defense articles from the
stocks of the Department of Defense.".
(3) The table of sections at the beginning of chapter 49 of such
title is amended by striking out the item relating to section 975.
(c) PUNCTUATION AND CAPITALIZATION CORRECTIONS. -- Title 10, United
States Code, is further amended as follows:
(1) Section 113(j)(2)(B) is amended by striking out "Five-Year
Defense Program" and inserting in lieu thereof "five-year defense
program".
(2) The item relating to section 421 in the table of sections
at the beginning of chapter 21 is amended to read as follows:
"421. Funds for foreign cryptologic support.".
(3) Section 421(c) is amended --
(A) by inserting "of Representatives" after "of the House";
and
(B) by striking out "National Security Act of 1947, as amended,
and funds" and inserting in lieu thereof "National Security Act of
1947 (50 U.S.C. 413 et seq.). Funds".
(4) Section 1482(e) is amended by striking out "chapter 10,
title 37" and inserting in lieu thereof "chapter 10 of title 37".
(5) Section 2325(d) is amended by striking out
"previously-developed" and inserting in lieu thereof "previously
developed".
(6) Subparagraph (D) of section 2326(g)(1) is amended by
striking out "(D) Congressionally-mandated" and inserting in lieu
thereof "(D) Congressionally mandated".
(7) Sections 2463(b) and 2464(b)(3)(A) are amended by striking
out "Committee on Appropriations" and inserting in lieu thereof
"Committees on Appropriations".
(8) Section 7309(a) is amended by inserting a comma after
"armed forces".
(d) REVISION TO PART HEADING. --
(1) The heading of part III of subtitle A of title 10, United
States Code, is amended to read as follows:
(2) The item relating to that part in the table of chapters at
the beginning of subtitle A of that title is amended to read as
follows:
(e) DEFINITIONS. -- Title 10, United States Code, is further amended
as follows:
(1) Section 138(a)(2) is amended --
(A) by striking out "(A) 'Operational'" and inserting in lieu
thereof "(A) The term 'operational'"; and
(B) by striking out "(B) 'Major'" and inserting in lieu thereof
"(B) The term 'major'".
(2) Section 1032(d) is amended --
(A) by striking out "(1) 'Dependent" and inserting in lieu
thereof "(1) The term 'dependent"; and
(B) by inserting "The term" after "(2)".
(3) Section 1094(d) is amended --
(A) by striking out "(1) 'License" and inserting in lieu
thereof "(1) The term 'license"; and
(B) by striking out "(2) 'Health-care" and inserting in lieu
thereof "(2) The term 'health-care".
(4) Section 1586(g) is amended --
(A) by striking out "For the purposes of this section -- " and
inserting in lieu thereof "In this section:";
(B) by inserting "The term" in paragraphs (1) and (2) after the
paragraph designation; and
(C) by striking out "; and" at the end of paragraph (1) and
inserting in lieu thereof a period.
(5) Sections 1095(g), 4348(d), and 9348(d) are amended by
inserting "the term" after "In this section,".
(6) Section 1408(a) is amended --
(A) by inserting "The term" in each paragraph after the
paragraph designation; and
(B) by revising the first word after the open quotation marks
in each paragraph so that the initial letter of that word is in
lower case.
(7) Section 1461(b) is amended by inserting "the term" after
"In this chapter,".
(8) Sections 5441, 6964(a), and 7081(a) are amended by
inserting ", the term" after "In this chapter".
(f) AMENDMENTS FOR STYLISTIC CONSISTENCY. -- Title 10, United States
Code, is further amended as follows:
(1) Section 2575(a) is amended by striking out "of this
section" in the first sentence.
(2) Section 7422(c)(2)(B) is amended by striking out "one
hundred eighty days prior to" and inserting in lieu thereof "180
days before".
(g) DATE OF ENACTMENT REFERENCE. -- Section 6334(a) of title 10,
United States Code, is amended by striking out "the date of the
enactment of this section" and inserting in lieu thereof "December 4,
1987".
(h) OBSOLETE PROVISIONS. -- (1) Section 194 of title 10, United
States Code, is amended by striking out "After September 30, 1989, the"
in subsections (a) and (b) and inserting in lieu thereof "The".
(2) Section 601 of Public Law 99-433 (10 U.S.C. 194 note) is amended
by striking out "Effective on October 1, 1988, the" in subsection (a)(1)
and inserting in lieu thereof "The".
SEC. 1623. AMENDMENTS TO SECTION 8125 OF PUBLIC LAW 100-463
Section 8125 of Public Law 100-463 (10 U.S.C. 113 note; 102 Stat.
2270-41) is amended as follows:
(1) Subsection (c) is amended --
(A) by striking out "incude" and inserting in lieu thereof
"include";
(B) by inserting a comma after "burdensharing";
(C) by striking out "assistance costs: Provided, That the" and
inserting in lieu thereof "assistance costs. The"; and
(D) by striking out "Department of" and inserting in lieu
thereof "Secretaries of".
(2) Subsection (d) is amended --
(A) by striking out "in the budgets" and inserting in lieu
thereof "in each budget";
(B) by striking out "for fiscal years after fiscal year 1989"
and inserting in lieu thereof "(1)"; and
(C) by inserting "(2)" after "military units, and".
(3) Subsection (f) is amended --
(A) in the first sentence, by striking out "after fiscal year
1989"; and
(B) in the second sentence --
(i) by striking out "provided for" and inserting in lieu
thereof "in";
(ii) by inserting "(1)" after "if and when"; and
(iii) by inserting "(2)" after "that nation, and".
(4) Subsection (g) is amended --
(A) by striking out "Department of Defense" before "budget
submissions" in paragraph (1);
(B) by striking out "1989, and shall detail: (A) a description
of" in paragraph (1) and inserting in lieu thereof "1989 and shall
set forth a detailed description of (A)";
(C) by striking out "the House and Senate" in paragraph (2) and
inserting in lieu thereof "the Senate and House of
Representatives,"; and
(D) by inserting "outside the United States" in paragraph (2)
after "duty stations ashore".
SEC. 1624. REPORT ON RECURRING PROVISIONS OF DEFENSE APPROPRIATIONS
ACT
(a) REPORT. -- Not later than April 1, 1990, the Secretary of
Defense shall submit to the defense committees of Congress a report on
recurring provisions of law enacted in the General Provisions title of
the Department of Defense Appropriations Act, 1990.
(b) MATTERS TO BE INCLUDED. -- With respect to each provision
covered by the report, the report shall indicate the following:
(1) When the provision (or a substantially similar provision)
was first included in an annual Department of Defense
Appropriations Act.
(2) The original policy reason (as nearly as the Secretary can
determine) for the inclusion of such a provision.
(3) The Secretary's assessment as to whether that reason still
pertains and whether there are additional policy reasons for the
continuing inclusion of the provision in annual Acts making
appropriations for the Department of Defense.
(4) The Secretary's recommendation as to whether the policy of
that provision should continue to be provided by law and, if the
recommendation is that the policy should not continue to be
provided by law, a detailed statement of the reasons for such
recommendation.
(5) In the case of each provision which the Secretary
recommends under paragraph (4) should continue to be provided by
law, the recommendation of the Secretary as to whether such
provision should continue to be included in annual Acts making
appropriations for the Department of Defense or whether it would
be desirable for Congress to enact such provision as permanent law
and, if the recommendation is that the policy should not be
enacted as permanent law, a detailed statement of the reasons for
such recommendation.
(c) DRAFT OF PROPOSED LEGISLATION. -- The report shall include a
draft of proposed legislation for the codification into title 10, United
States Code, or other appropriate statutes of those provisions covered
by the report which the Secretary recommends (under subsection (b)(5))
would be desirable for Congress to enact as permanent law.
(d) UPDATE OF EARLIER REPORT. -- The report shall be an update of
the report submitted by the General Counsel of the Department of Defense
pursuant to section 1267 of the Department of Defense Authorization Act,
1984 (Public Law 98-94; 97 Stat. 705).
(e) DEFINITIONS. -- For purposes of this section:
(1) The term "defense committees of Congress" means the
Committees on Armed Services and the Committees on Appropriations
of the Senate and House of Representatives.
(2) The term "recurring provision" means a provision of an
appropriations Act which (1) is not permanent law, and (2) has
been enacted in substantially the same form in previous Acts
making appropriations for the same purpose.
SEC. 1631. STUDY OF PROTECTION OF UNITED STATES CIVIL AVIATION FROM
TERRORIST ACTIVITIES OVERSEAS
(a) STUDY. -- The Secretary of Defense shall conduct a study on the
feasibility and desirability of the United States, at the request of a
foreign government, deploying military personnel or providing military
equipment in areas under the jurisdiction of that government to assist
that government in the protection of United States civil aviation
interests from terrorist activity. The study should also undertake to
determine what programs of the Department of Defense (1) have
application to enhancing civil aviation security, and (2) could be
quickly adopted by the Federal Aviation Administration for that purpose.
(b) RESEARCH AND DEVELOPMENT MATTERS TO BE STUDIED. -- The study
shall include a review of United States Government programs concerning
research and development in areas relating to explosives detection,
terrorist identification, and anti-terrorist operations.
(c) INTERAGENCY COORDINATION. -- The study shall be conducted in
consultation with the Secretary of State and the Administrator of the
Federal Aviation Administration.
(d) SUBMISSION OF REPORT. -- The Secretary shall submit to Congress
a report on the study (including the Secretary's findings, conclusions,
and recommendations) within six months after the date of enactment of
this Act.
SEC. 1632. DEDICATION OF CORRIDOR IN PENTAGON TO SERVICE MEMBERS WHO
SERVED IN SPACE-RELATED ACTIVITIES
It is the sense of Congress that the Secretary of Defense should
dedicate an appropriate corridor in the Pentagon building to commemorate
the service of the members of the Armed Forces who have served in
space-related activities, including service with the National
Aeronautics and Space Administration, the United States Space Command,
and the Strategic Defense Initiative Organization.
SEC. 1633. DELEGATION AUTHORITY WITH RESPECT TO ADMIRALTY CLAIMS BY
OR AGAINST THE UNITED STATES
Sections 4802(c), 4803(c), 7622(c), 7623(c), 9802(c), and 9803(c) of
title 10, United States Code, are each amended by striking out "$10,000"
and inserting in lieu thereof "$100,000".
SEC. 1634. AUTHORITY TO ACCEPT VOLUNTARY SERVICES FOR NATURAL
RESOURCES PROGRAMS
Section 1588(a) of title 10, United States Code, is amended by
striking out "a museum" and inserting in lieu thereof "a museum, a
natural resources program,".
SEC. 1635. FINDINGS AND CONGRESSIONAL DECLARATIONS CONCERNING
SERVICE IN THE NATIONAL GUARD AND RESERVES
(a) FINDINGS. -- Congress makes the following findings:
(1) Citizens and nationals of the United States have taken up
arms to defend their homes and communities, and to secure and
preserve the independence of the United States, from the earliest
days of the Nation.
(2) The concept of the citizen-soldier has been a keystone of
the defense strategy of the Nation.
(3) Members of the National Guard and Reserves have served
proudly and honorably in every war or conflict involving United
States Armed Forces.
(4) The Total Force Policy of the United States, by placing
significant portions of wartime mission capability and selected
day-to-day operations in the National Guard and Reserve, has
reinforced the proposition that the Guard and Reserve are
essential elements of the national defense establishment of the
United States.
(5) During the 1980's, Congress and the Department of Defense
have demonstrated their increasing reliance and confidence in the
National Guard and Reserve by expanding missions, increasing
training requirements, and providing new state-of-the-art weapons
and support equipment.
(6) The National Guard and Reserve represent a very
cost-effective arm of the Total Force, preserving combat
capability and retaining valuable trained human resources,
especially during periods of austere defense budgets.
(7) Participation by citizens in the National Guard and Reserve
enhances the military readiness of the United States and
demonstrates the resolve of the citizenry to protect and preserve
American values.
(8) Participation in the National Guard and Reserve improves
the economy by providing individuals with job skills and
education.
(b) CONGRESSIONAL DECLARATIONS. -- In light of the findings in
subsection (a), Congress --
(1) reaffirms that service in the National Guard and Reserve is
in the highest traditions of military service to the country and
acknowledges the valuable contribution that the men and women who
serve in the National Guard and Reserve are making to their
country;
(2) encourages Guard and Reserve participation by all elements
of American society; and
(3) continues to support reliance on the National Guard and
Reserve as full partners in the Total Force.
SEC. 1636. EXPANSION OF SCOPE OF CIVIL RESERVE AIR FLEET ENHANCEMENT
PROGRAM
(a) DEFINITIONS. -- (1) Paragraph (2) of section 9511 of title 10,
United States Code, is amended to read as follows:
"(2) The term 'passenger-cargo combined aircraft' means a civil
aircraft equipped so that its main deck can be used to carry both
passengers and property (including mail) simultaneously.".
(2) Paragraph (5) of such section is amended to read as follows:
"(5) The term 'cargo-convertible aircraft' means a passenger
aircraft equipped or designed so that all or substantially all of
the main deck of the aircraft can be readily converted for the
carriage of property or mail.".
(3) Paragraph (8) of such section is amended by striking out "a civil
aircraft" in clause (A) and all that follows through "defense purposes"
and inserting in lieu thereof "a new or existing aircraft and who
contracts with the Secretary to modify that aircraft by including or
incorporating specified defense features".
(4) Such section is further amended by adding at the end the
following new paragraph:
"(12) The term 'defense feature' means equipment or design
features included or incorporated in a civil aircraft which
ensures the interoperability of such aircraft with the Department
of Defense airlift system. Such term includes any equipment or
design feature which enables such aircraft to be readily modified
for use as a cargo-convertible, cargo-capable, or passenger-cargo
combined aircraft.".
(b) CONTRACT AUTHORITY. -- Section 9512 of such title is amended to
read as follows:
"Section 9512. Contracts for the inclusion or incorporation of
defense features
"(a) Subject to the provisions of chapter 137 of this title, and to
the extent that funds are otherwise available for obligation, the
Secretary --
"(1) may contract with any citizen of the United States for the
inclusion or incorporation of defense features in any new or
existing aircraft to be owned or controlled by that citizen; and
"(2) may contract with United States aircraft manufacturers for
the inclusion or incorporation of defense features in new aircraft
to be operated by a United States air carrier.
"(b) Each contract entered into under subsection (a) shall include
the terms required by section 9513 of this title and a provision that
requires the contractor to repay to the United States a percentage (to
be established in the contract) of any amount paid by the United States
to the contractor under the contract with respect to any aircraft if --
"(1) the aircraft is destroyed or becomes unusable, as defined
in the contract;
"(2) the defense features specified in the contract are
rendered unusable or are removed from the aircraft;
"(3) control over the aircraft is transferred to any person
that is unable or unwilling to assume the contractor's obligations
under the contract; or
"(4) the registration of the aircraft under section 501 of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is terminated
for any reason not beyond the control of the contractor.
"(c)(1) A contract under subsection (a) for the inclusion or
incorporation of defense features in an aircraft may include a provision
authorizing the Secretary --
"(A) to contract, with the concurrence of the contractor,
directly with another person for the performance of the work
necessary for the inclusion or incorporation of defense features
in such aircraft; and
"(B) to pay such other person directly for such work.
"(2) A contract entered into pursuant to paragraph (1) may include
such specifications for work and equipment as the Secretary considers
necessary to meet the needs of the United States.".
(c) CLERICAL AMENDMENTS. -- (1) The heading of section 9513 is
amended to read as follows:
"Section 9513. Commitment of aircraft to the Civil Reserve Air
Fleet"
(2) The items relating to sections 9512 and 9513 in the table of
sections at the beginning of chapter 931 of title 10, United States
Code, are amended to read as follows:
"9512. Contracts for the inclusion or incorporation of defense
features.
"9513. Commitment of aircraft to the Civil Reserve Air Fleet.".
SEC. 1637. REPORT ON CERTAIN PERSONS PARTICIPATING IN RADIATION-RISK
ACTIVITIES
(a) REPORT. -- The Secretary of Defense shall prepare, in
consultation with the Secretary of Veterans Affairs, a report
identifying the number of persons who, while serving on active-duty for
training, inactive-duty training, or as a military technician of the
National Guard, participated in a radiation-risk activity, but are not
covered under section 312(c) of title 38, United States Code (as added
by the Radiation-Exposed Veterans Compensation Act of 1988; Public Law
100-321). For purposes of the report, the term "radiation-risk
activity" has the meaning given that term by section 312(c)(4) of such
title.
(b) DEADLINE. -- The report required by subsection (a) shall be
submitted to Congress not later than February 15, 1990.
SEC. 1638. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
KIDNAPPING AND MURDER OF LIEUTENANT COLONEL HIGGINS
(a) FINDINGS. -- Congress makes the following findings:
(1) The radical, Lebanese-based terrorist organization which
calls itself the "Organization of the Oppressed of the Earth"
announced on July 31, 1989, that it had executed Lieutenant
Colonel William R. Higgins, a United States Marine assigned for
service with the United Nations in the U.N. Truce Supervision
Organization (UNTSO), who was kidnapped in southern Lebanon on
February 17, 1988.
(2) That organization claimed to have executed Lieutenant
Colonel Higgins in response to the capture on July 28, 1989, by
Israeli commandos of a radical Muslim Shiite leader, Sheik Abdul
Karim Obeid, believed to be associated with that organization.
(3) That organization released to certain news agencies a
videotape showing Lieutenant Colonel Higgins killed by hanging,
though many forensic experts believe the videotape indicates that
the person shown did not die from hanging.
(4) The kidnapping of Lieutenant Colonel Higgins, who was
engaged only in carrying out the legitimate United Nations
peacekeeping activities to which he had been assigned, was wholly
unjustified.
(5) It is absolutely clear that the kidnapping and the murder
of Lieutenant Colonel Higgins were outrageous acts of terrorism
that deserve the condemnation of all civilized people.
(6) There is strong evidence that the Government of Iran has
supported the organization responsible for Lieutenant Colonel
Higgins' kidnapping and murder, as well as other terrorist and
extremist forces inside Lebanon and throughout the Middle East.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) Congress is outraged by the kidnapping and murder of
Lieutenant Colonel Higgins and condemns those actions as barbaric,
cowardly, and utterly incompatible with the standards of conduct
upheld by civilized people;
(2) the President should use all available resources of the
United States Government, including diplomatic and intelligence
channels, to determine the identity of those persons responsible
for the kidnapping and murder and the details regarding those
terrorist acts;
(3) the President should determine whether it would be possible
to identify and bring to justice, or to retaliate against, those
persons responsible for the kidnapping and murder in a manner
consistent with United States and international legal requirements
that would reduce the risk to Americans from terrorism;
(4) the President should take strong and decisive action,
possibly including the use of military force, to prevent or
respond to acts of international terrorism. Such actions should
be taken in concert with other nations where practicable, but the
President should be prepared to act unilaterally, if necessary;
(5) the United States should make clear to the new leadership
in Iran (A) that the United States will not tolerate a
continuation of past policies of support of groups which undertake
terrorist actions against American citizens or direct assaults on
American vital interests in the Middle East or elsewhere, and (B)
that if such support should continue, the United States will hold
the authorities in Iran accountable for that support and act
accordingly;
(6) the Secretary General of the United Nations should take all
necessary steps to help ensure that the body of Lieutenant Colonel
Higgins is returned to his country and family and that those
responsible for his kidnapping and murder are immediately brought
to justice;
(7) the President should engage in urgent and continuing
diplomatic contacts with all other governments concerning their
policies and actions which might have relevance to the interests
of the United States Government or increase the vulnerability of
the United States citizens to attacks by terrorists; and
(8) the President should continue to consult with other nations
to ensure international cooperation and coordination to end
terrorist attacks.
SEC. 1639. REPORTS ON CONTROLS ON TRANSFER OF MISSILE TECHNOLOGY AND
CERTAIN WEAPONS TO OTHER NATIONS
(a) REQUIREMENT FOR SUBMISSION OF PREVIOUSLY REQUIRED REPORT. --
Section 901(c) of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1135) is amended by
striking out "February 1, 1988" and inserting in lieu thereof "60 days
after the date of enactment of the National Defense Authorization Act
for Fiscal Year 1990".
(b) REPORT ON MANPOWER REQUIRED TO IMPLEMENT EXPORT CONTROLS ON
CERTAIN WEAPONS TRANSFERS. -- (1) Not later than February 1, 1990, the
Secretary of Defense shall submit to Congress a report relating to
Department of Defense manpower required to implement export controls on
certain weapons transfers. In the report, the Secretary shall --
(A) identify the role of the Department of Defense in
implementing export controls on nuclear, chemical, and biological
weapons;
(B) describe the number and skills of personnel currently
available in the Department of Defense to perform such role; and
(C) assess the adequacy of the level of personnel resources
described in subparagraph (B) for the effective performance of
such role.
(2) The report required by paragraph (1) shall identify the total
number of current Department of Defense full-time employees or military
personnel, and the grades of such personnel and the special knowledge,
experience, and expertise of such personnel, required to carry out each
of the following activities of the Department in implementing export
controls on nuclear, chemical, and biological weapons:
(A) Review of private-sector export license applications and
government-to-government cooperative activities.
(B) Intelligence analysis and activities.
(C) Policy coordination.
(D) International liaison activity.
(E) Technology security operations.
(F) Technical review.
(3) The report shall include the Secretary's assessment of the
adequacy of staffing in each of the categories specified in
subparagraphs (A) through (F) of paragraph (2) and shall make
recommendations concerning measures, including legislation if necessary,
to eliminate any identified staffing deficiencies and to improve
interagency coordination with respect to implementing export controls on
nuclear, chemical, and biological weapons.
(c) REPORT ON MISSILE TECHNOLOGY CONTROL REGIME ENFORCEMENT. -- (1)
The Secretary of Defense shall include in the report under subsection
(b) information concerning the Missile Technology Control Regime (MTCR).
In the report, the Secretary shall review the existing regulations
covering the issues addressed by the MTCR and shall assess whether those
regulations --
(A) appropriately cover each item listed in the MTCR annex;
and
(B) sufficiently stress consideration of ultimate end use of an
item as a factor in issuance of export licenses with respect to
that item.
(2) In the report, the Secretary shall also assess whether, in the
case of a request for an export license involving a country that is
considered to be a suspect country for purposes of the regime, or
involving a commodity that is considered to be a suspect commodity for
purposes of the regime, sufficient information on that request is
brought to the attention of the Department of Defense before such a
license is issued and, if not, what measures could be taken to improve
Department of Defense oversight of the issuance of export licenses in
such cases.
(3) In the report, the Secretary may also address whatever other
initiatives for the enforcement of the regime the Secretary considers
would help strengthen the regime.
SEC. 1640. REVIEWS AND REPORTS ON DECONTROL OF CERTAIN PERSONAL
COMPUTERS
(a) REVIEWS. -- The Secretary of Defense and the Secretary of
Commerce shall each conduct an independent review on the foreign
availability of the personal computers known as AT-compatible
microcomputers. Each Secretary, in conducting his review, shall, at a
minimum, determine the availability of such microcomputers from sources
other than member nations of the Coordinating Committee for Multilateral
Export Controls or other nations that control the export of such
computers. The Secretary of Defense, in conducting his review, also
shall assess the military significance of such microcomputers for the
Soviet Union and its Warsaw Pact allies.
(b) REPORTS. -- The Secretary of Defense and the Secretary of
Commerce shall each submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
the respective reviews required by subsection (a).
(c) DEADLINE FOR REPORTS. -- The reports required by subsection (b)
shall be submitted not later than January 1, 1990.
SEC. 1641. ANNUAL DEPARTMENT OF DEFENSE CONVENTIONAL STANDOFF
WEAPONS MASTER PLAN AND REPORT ON STANDOFF MUNITIONS
(a) "10 USC 2431 note" ANNUAL SUBMISSION OF MASTER PLAN FOR JOINT
STANDOFF WEAPONS. -- Not later than March 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a plan (known as a "Department of Defense Conventional
Standoff Weapons Master Plan") for the development of standoff weapons
which can adequately address the needs of more than one of the Armed
Forces. Each such report shall include a description of all technology
base projects that could contribute to the fielding of standoff weapons.
(b) UNIFIED COMMANDERS REPORTS ON STANDOFF MUNITIONS. -- (1) In the
first report under subsection (a) submitted after the enactment of this
Act, the Secretary of Defense shall include the reports of the unified
commanders submitted to the Secretary pursuant to paragraph (2).
(2) The Secretary shall require the commander of each unified
combatant command to submit to the Secretary a report on the results of
the study conducted by the commander pursuant to subsection (c). Such
reports shall be submitted to the Secretary at such time as specified by
the Secretary so that they may be included in the report of the
Secretary referred to in paragraph (1).
(c) STUDY OF STANDOFF MUNITIONS BY COMMANDERS OF UNIFIED COMBATANT
COMMANDS. -- The Secretary of Defense shall require the commander of
each unified combatant command to conduct a study of the status of
forces assigned to his command in terms of the standoff munitions
available to those forces and the survivability of the launching
platforms in the absence of standoff munitions. Each such study shall
include the following:
(1) The commander's evaluation of the threat posed to combat
aircraft under his command by potential enemy forces in his region
of responsibility and the extent to which those aircraft are
vulnerable to attack.
(2) The commander's evaluation of the current capabilities of
those aircraft that are programmed to be assigned to the commander
in the event of conflict in his region of responsibility to carry
out standoff attacks.
(3) The commander's evaluation of the adequacy of the
inventories of munitions in general, and of standoff munitions in
particular, in the component forces that would be assigned to the
commander in time of war.
(4) The commander's evaluation of the extent to which the
survivability of combat aircraft is threatened by the absence of
standoff munitions and a statement of the priority which the
commander would give to providing standoff munitions for such
aircraft to improve their survivability.
(5) Identification of those standoff munitions programs the
commander considers most promising for the improvement of the
survivability of combat aircraft.
SEC. 2001. SHORT TITLE
This division may be cited as the "Military Construction
Authorization Act for Fiscal Years 1990 and 1991".
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS
(a) INSIDE THE UNITED STATES. -- The Secretary of the Army may
acquire real property and may carry out military construction projects
in the amounts shown for each of the following installations and
locations inside the United States:
Anniston Army Depot, $2,300,000.
Fort McClellan, $2,750,000.
Redstone Arsenal, $18,390,000.
Fort Rucker, $3,600,000.
Fort Richardson, $3,350,000.
Fort Wainwright, $14,800,000.
Fort Huachuca, $9,900,000.
Yuma Proving Ground, $11,400,000.
Fort Irwin, $4,950,000.
Fort Ord, $2,450,000.
Sacramento Army Depot, $3,900,000.
Fitzsimons Army Medical Center, $2,100,000.
Fort Carson, $4,700,000.
Walter Reed Army Medical Center, $11,000,000.
Key West Naval Air Station, $6,100,000.
Fort Benning, $12,146,000.
Fort Gordon, $4,000,000.
Fort Stewart, $5,200,000.
Fort Shafter, $9,300,000.
Schofield Barracks, $10,000,000.
Melvin Price Support Center, $3,750,000.
Savanna Army Depot, $850,000.
Fort Benjamin Harrison, $359,000.
Fort Leavenworth, $3,000,000.
Fort Riley, $12,680,000.
Fort Campbell, $30,450,000.
Fort Knox, $13,400,000.
Fort Polk, $23,350,000.
Aberdeen Proving Ground, $1,700,000.
Fort Detrick, $1,300,000.
Fort Meade, $6,200,000.
Fort Ritchie, $630,000.
Fort Devens, $3,550,000.
Fort Leonard Wood, $10,450,000.
Fort Monmouth, $8,600,000.
Picatinny Arsenal, $11,800,000.
Fort Drum, $70,600,000.
Fort Bragg, $65,300,000.
Fort Sill, $13,170,000.
McAlester Army Ammunition Plant, $2,200,000.
New Cumberland Army Depot, $14,000,000.
Fort Jackson, $23,000,000.
Corpus Christi Army Depot, $5,200,000.
Fort Bliss, $16,600,000.
Fort Hood, $21,400,000.
Dugway Proving Ground, $2,400,000.
Fort Belvoir, $23,000,000.
Fort Lee, $10,050,000.
Fort Monroe, $1,100,000.
Fort Story, $3,350,000.
Fort Lewis, $770,000.
Classified Location, $3,400,000.
Classified Location, $600,000.
Classified Location, $3,900,000.
(b) OUTSIDE THE UNITED STATES. -- The Secretary of the Army may
acquire real property and may carry out military construction projects
in the amounts shown for each of the following installations and
locations outside the United States:
Ansbach, $2,900,000.
Augsburg, $600,000.
Grafenwoehr, $6,500,000.
Hanau, $14,800,000.
Hohenfels, $4,950,000.
Mainz, $26,400,000.
Stuttgart, $9,400,000.
Wuerzburg, $12,000,000.
Various locations, $4,150,000.
H-220 Heliport, $4,050,000.
Kwajalein, $9,500,000.
Fort Buchanan, $690,000.
Location 276, $1,950,000.
Classified locations, $6,100,000.
SEC. 2102. FAMILY HOUSING
(a) CONSTRUCTION AND ACQUISITION. -- The Secretary of the Army may
construct or acquire family housing units (including land acquisition),
using amounts appropriated pursuant to section 2104(a)(6)(A), at the
following installations and locations in the number of units, and in the
amounts, shown for each installation:
Fort Rucker, Alabama, two units, $400,000.
Helemano, Hawaii, ninety units, $10,322,000.
Hickam Air Force Base, Hawaii, twenty units, $2,500,000.
Kaneohe, Hawaii, forty units, $4,700,000.
Hawaii, various locations, one hundred and eighty units,
$18,000,000.
Fort Lee, Virginia, one unit, $210,000.
(b) PLANNING AND DESIGN. -- The Secretary of the Army may, using
amounts appropriated pursuant to section 2104(a)(6)(A), carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $1,349,000.
(c) WAIVER OF SPACE LIMITATIONS. -- (1) The family housing units
authorized by subsection (a) to be constructed at Fort Rucker, Alabama,
and at Fort Lee, Virginia, shall be constructed for assignment to
general officers, who hold positions as commanders or who hold special
command positions (as designated by the Secretary of Defense), and
notwithstanding section 2826 of title 10, United States Code, the units
may be constructed with the net floor area of not more than 3,000 square
feet.
(2) For the purpose of this subsection, the term "net floor area" has
the meaning given that term by section 2826(f) of title 10, United
States Code.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS
(a) IN GENERAL. -- Subject to section 2825 of title 10, United
States Code, the Secretary of the Army may, using amounts appropriated
pursuant to section 2104(a)(6)(A), improve existing military family
housing in an amount not to exceed $36,329,000.
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVEMENT PROJECTS.
-- Notwithstanding the maximum amount per unit for an improvement
project under section 2825(b) of title 10, United States Code, the
Secretary of the Army may --
(1) carry out projects to improve existing military family
housing units, in the number of units shown and in the amount
shown, at --
(A) Fort Leavenworth, Kansas, one unit, $95,900, of which
$86,900 is for concurrent repairs; and
(B) Fort Monmouth, New Jersey, one hundred and twenty-four
units, $6,500,000; and
(2) carry out projects to improve four units at Fort Sill,
Oklahoma, the improvement of which was authorized by the Military
Construction Authorization Act, 1989 (division B of Public Law
100-456; 102 Stat. 2087), in the amount of $178,088.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY
(a) IN GENERAL. -- Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 1989, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $2,239,165,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $554,445,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $103,990,000.
(3) For the construction of the Central Distribution Center,
Phase III, Red River Army Depot, Texas, as authorized by section
2101(a) of the Military Construction Authorization Act, 1989
(division B of Public Law 100-456; 102 Stat. 2087), $39,000,000.
(4) For unspecified minor construction projects authorized
under section 2805 of title 10, United States Code, $11,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$74,420,000.
(6) For military family housing functions --
(A) for construction and acquisition of military family housing
and facilities, $73,810,000; and
(B) for support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $1,377,400,000, of which not more than $319,142,000 may be
obligated or expended for the leasing of military family housing
worldwide.
(7) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $5,100,000, to
remain available until expended.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS. --
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2105. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS
(a) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1985 PROJECTS.
-- Notwithstanding the provisions of section 607(a) of the Military
Construction Authorization Act, 1985 (Public Law 98-407; 98 Stat.
1514), authorization for the following projects authorized in section
101 of that Act, as extended by section 2107(b) of the Military
Construction Authorization Act, 1987 (division B of Public Law 99-661;
100 Stat. 4020), section 2105(a) of the Military Construction
Authorization Act, 1988 and 1989 (division B of Public Law 100-180; 101
Stat. 1184), and section 2106(a) of the Military Construction
Authorization Act, 1989 (Public Law 100-456; 102 Stat. 2092) shall
remain in effect until October 1, 1990, or the date of enactment of an
Act (other than this Act) authorizing funds for military construction
for fiscal year 1991, whichever is later:
(1) Barracks modernization in the amount of $660,000 at
Argyroupolis, Greece.
(2) Barracks modernization in the amount of $660,000 at
Perivolaki, Greece.
(b) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1986 PROJECTS.
-- Notwithstanding the provisions of section 603(a) of the Military
Construction Authorization Act, 1986 (Public Law 99-167; 99 Stat. 981),
authorizations for the following projects authorized in sections 101 and
102 of that Act, as extended by section 2105(b) of the Military
Construction Authorization Act, 1988 and 1989 (division B of Public Law
99-180; 101 Stat. 1185) and section 2106(b) of the Military
Construction Authorization Act, 1989 (division B of Public Law 100-456;
102 Stat. 2092), shall remain in effect until October 1, 1990, or the
date of enactment of an Act (other than this Act) authorizing funds for
military construction for fiscal year 1991, whichever is later:
(1) Modified record fire range in the amount of $2,850,000 at
Nuernberg, Germany.
(2) Family housing, new construction, six units, in the amount
of $596,000 at Fort Myer, Virginia.
(3) Flight simulator building in the amount of $2,900,000 at
Wiesbaden, Germany.
(c) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1987 PROJECTS.
-- Notwithstanding the provisions of section 2701(a) of the Military
Construction Authorization Act, 1987 (division B of Public Law 99-661;
100 Stat. 4040), authorizations for the following projects authorized in
sections 2101, 2102, and 2103 of that Act, as extended by section
2106(c) of the Military Construction Authorization Act, 1989 (division B
of Public Law 100-456; 102 Stat. 2092), shall remain in effect until
October 1, 1990, or the date of the enactment of an Act (other than this
Act) authorizing funds for military construction for fiscal year 1991,
whichever is later:
(1) Aircraft maintenance hangar in the amount of $7,100,000 at
Hanau, Germany.
(2) Family housing, new construction, forty units in the amount
of $4,100,000 at Crailsheim, Germany.
(d) EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 1988 PROJECTS.
-- Notwithstanding the provisions of section 2171 of the Military
Construction Authorization Act, 1988 and 1989 (division B of Public Law
100-180; 101 Stat. 1206), authorizations for the following projects
authorized in sections 2101 and 2102 of that Act shall remain in effect
until October 1, 1990, or the date of the enactment of an Act (other
than this Act) authorizing funds for military construction for fiscal
year 1991, whichever is later:
(1) Child development center in the amount of $1,050,000 at
Rheinberg, Germany.
(2) Training exercise facility in the amount of $5,900,000 at
Einsiedlerhof, Germany.
(3) Operations building modifications in the amount of
$5,400,000 at Stuttgart, Germany.
(4) Hardstand/tactical equipment shop in the amount of
$2,250,000 at Wiesbaden, Germany.
(5) Family housing, new construction, twenty-five units, in the
amount of $2,200,000 at Fort A.P. Hill, Virginia.
(6) Family housing, new construction, one hundred six units, in
the amount of $11,200,000 at Bamberg, Germany.
(7) Family housing, new construction, one hundred fifty-two
units, in the amount of $12,600,000 at Baumholder, Germany.
(8) Troop support facility upgrade in the amount of $4,150,000
in Honduras.
(9) Wartime host nation support in the amount of $4,500,000, in
Europe, various locations.
SEC. 2121. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS
The Secretary of the Army may acquire real property and may carry out
military construction projects in the amounts shown for each of the
following installations and locations inside the United States:
Anniston Army Depot, $34,300,000.
Pine Bluff Arsenal, $17,100,000.
Umatilla Depot Activity, $45,500,000.
SEC. 2122. AUTHORIZATION OF APPROPRIATIONS, ARMY
(a) IN GENERAL. -- Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 1990, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $1,803,180,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2121, $96,900,000.
(2) For the construction of the Central Distribution Center,
Phase III, Red River Army Depot, Texas, as authorized by section
2101(a) of the Military Construction Authorization Act, 1989
(division B of Public Law 100-456; 102 Stat. 2087), $39,000,000.
(3) For unspecified minor construction projects authorized
under section 2805 of title 10, United States Code, $12,000,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$96,530,000.
(5) For support of military family housing (including the
functions described in section 2833 of title 10, United States
Code), $1,558,750,000, of which not more than $453,884,000 may be
obligated or expended for the leasing of military family housing
worldwide.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS. --
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2121 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a)(1).
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS
(a) INSIDE THE UNITED STATES. -- The Secretary of the Navy may
acquire real property and may carry out military construction projects
in the amounts shown for each of the following installations and
locations inside the United States:
Mobile, Navy Station, $3,965,000.
Adak, Naval Air Station, $18,870,000.
Yuma, Marine Corps Air Station, $900,000.
Camp Pendleton, Marine Corps Air Station, $2,100,000.
Camp Pendleton, Marine Corps Base, $57,600,000.
China Lake, Naval Weapons Center, $17,500,000.
Concord, Naval Weapons Station, $5,640,000.
Coronado, Naval Amphibious Base, $7,770,000.
Coronado, Surface Warfare Officers School Command Detachment,
$4,360,000.
El Centro, Naval Air Facility, $7,200,000.
Lemoore, Naval Air Station, $2,100,000.
Moffett Field, Naval Air Station, $1,000,000.
Monterey, Fleet Numerical Oceanography Center, $6,760,000.
Monterey, Naval Post Graduate School, $18,690,000.
North Island, Naval Air Station, $6,160,000.
San Diego, Fleet Anti-Submarine Warfare Training Center,
Pacific, $820,000.
San Diego, Fleet Combat Training Center, Pacific, $3,670,000.
San Diego, Fleet Intelligence Training Center, Pacific,
$2,500,000.
San Diego, Fleet Training Center, $12,800,000.
San Diego, Integrated Combat Systems Test Facility, $4,100,000.
San Diego, Marine Corps Recruit Depot, $3,070,000.
San Diego, Naval Ocean Systems Center, $1,300,000.
San Diego, Naval Station, $1,000,000.
San Diego, Naval Submarine Base, $10,800,000.
San Diego, Naval Training Center, $7,150,000.
San Diego, Naval Public Works Center, $4,400,000.
San Francisco, Navy Public Works Center, $3,910,000.
Seal Beach, Naval Weapons Station, $9,000,000.
Tustin, Marine Corps Air Station, $2,990,000.
Twentynine Palms, Marine Corps Air-Ground Combat Center,
$3,140,000.
Vallejo, Mare Island Naval Shipyard, $9,000,000.
New London, Naval Submarine Base, $24,250,000.
New London, Naval Submarine School, $8,200,000.
New London, Naval Underwater Systems Center, $12,600,000.
Washington, Commandant, Naval District, $420,000.
Washington, Naval Observatory, $2,500,000.
Cecil Field, Naval Air Station, $1,970,000.
Jacksonville, Naval Hospital, $2,080,000.
Mayport, Naval Station, $20,000,000.
Orlando, Naval Training Center, $18,400,000.
Panama City, Naval Diving and Salvage Training Center,
$4,300,000.
Panama City, Naval Experimental Diving Unit, $2,900,000.
Pensacola, Navy Public Works Center, $2,100,000.
Albany, Marine Corps Logistics Base, $4,550,000.
Athens, Navy Supply Corps School, $1,000,000.
Kings Bay, Naval Submarine Base, $66,689,000.
Kaneohe Bay, Marine Corps Air Station, $13,150,000.
Lualualei, Naval Magazine, $4,600,000.
Pearl Harbor, Naval Submarine Base, $18,600,000.
Pearl Harbor, Naval Submarine Training Center, Pacific,
$5,550,000.
Pearl Harbor, Navy Public Works Center, $750,000.
Wahiawa, Naval Communication Area Master Station Eastern
Pacific, $8,000,000.
Great Lakes, Naval Hospital, $12,270,000.
Great Lakes, Naval Training Center, $15,900,000.
Crane, Naval Weapons Support Center, $4,000,000.
Indianapolis, Naval Avionics Center, $8,000,000.
Brunswick, Naval Air Station, $1,000,000.
Brunswick, Naval Branch Medical Clinic, $2,650,000.
Kittery, Portsmouth Naval Shipyard, $1,000,000.
Indian Head, Naval Explosive Ordnance Disposal Technology
Center, $7,700,000.
Indian Head, Naval Ordnance Station, $10,670,000.
Patuxent River, Naval Air Test Center, $17,000,000.
St. Inigoes, Naval Electronic Systems Engineering Activity,
$2,950,000.
Meridian, Naval Air Station, $11,800,000.
Pascagoula, Naval Station, $2,220,000.
Kansas City, Marine Corps Support Activity, $10,000,000.
Fallon, Naval Air Station, $1,000,000.
Bayonne, Navy Publications and Printing Service Detachment
Office, $1,000,000.
Earle, Naval Weapons Station, $14,270,000.
Elephant Butte, Naval Space Surveillance Field Station,
$4,700,000.
New York, Naval Station, $25,640,000.
Camp Lejeune, Marine Corps Base, $21,210,000.
Cherry Point, Marine Corps Air Station, $10,750,000.
New River, Marine Corps Air Station, $21,100,000.
Tinker Air Force Base, Naval Air Detachment, $21,500,000.
Philadelphia, Naval Shipyard, $10,000,000.
Newport, Naval Education and Training Center, $8,290,000.
Beaufort, Marine Corps Air Station, $4,920,000.
Charleston, Naval Supply Center, $700,000.
Charleston, Naval Weapons Station, $4,600,000.
Memphis, Naval Air Station, $10,000,000.
Ingleside, Naval Station, $19,720,000.
Lackland Air Force Base, Naval Technical Training Center
Detachment, $4,500,000.
Chesapeake, Naval Security Group Activity, Northwest,
$1,300,000.
Dahlgren, Naval Surface Warfare Center, $1,000,000.
Dam Neck, Marine Environmental Systems Facility, $8,000,000.
Little Creek, Naval Amphibious Base, $5,200,000.
Norfolk, Naval Air Station, $4,400,000.
Norfolk, Naval Eastern Oceanography Center, $680,000.
Norfolk, Naval Public Works Center, $332,000.
Norfolk, Naval Supply Center, $6,500,000.
Oceana, Naval Air Station, $12,555,000.
Portsmouth, Norfolk Naval Shipyard, $9,700,000.
Quantico, Marine Corps Combat Development Command, $3,450,000.
Williamsburg, Cheatham Annex, Naval Supply Center, $18,500,000.
Yorktown, Naval Weapons Station, $21,420,000.
Bremerton, Naval Hospital, $1,000,000.
Bremerton, Puget Sound Naval Shipyard, $19,900,000.
Bremerton, Puget Sound Naval Supply Center, $690,000.
Everett, Naval Station, $11,200,000.
Keyport, Naval Undersea Warfare Engineering Station,
$12,250,000.
Oso, Jim Creek Naval Radio Station, $1,200,000.
Land acquisition, $22,300,000.
(b) OUTSIDE THE UNITED STATES. -- The Secretary of the Navy may
acquire real property and may carry out military construction projects
in the amounts shown for each of the following installations and
locations outside the United States:
Naval Communication Detachment, $3,500,000.
Exmouth, Harold E. Holt Naval Communication Station, $610,000.
Camp Covington, Mobile Construction Battalion, $4,300,000.
Navy Public Works Center, $4,150,000.
Keflavik, Naval Air Station, $7,500,000.
Keflavik, Naval Communication Station, $8,450,000.
Naples, Naval Support Activity, $46,600,000.
Roosevelt Roads, Naval Communication Station, $1,300,000.
Rota, Naval Station, $1,900,000.
Edzell, Scotland, Naval Security Group Activity, $5,820,000.
Classified location, $5,800,000.
Host Nation Infrastructure Support, $1,000,000.
SEC. 2202. FAMILY HOUSING
(a) CONSTRUCTION AND ACQUISITION. -- The Secretary of the Navy may,
using amounts appropriated pursuant to section 2204(a)(6)(A), construct
or acquire family housing units (including land acquisition), at the
following installations in the number of units, and in the amount, shown
for each installation:
Camp Pendleton, Marine Corps Base, California, two hundred and
ninety-five units, $25,150,000.
El Toro, Marine Corps Air Station, California, two hundred
units, $15,000,000.
Moffett Field, Naval Air Station, California, seventy-four
units, $6,600,000.
San Francisco, Navy Public Works Center, California, three
hundred and forty-four units, $28,350,000.
Glenview Naval Air Station, Illinois, one hundred forty units,
$15,300,000.
Thurmont, Naval Support Facility, Maryland, eleven units,
$1,160,000.
Guantanamo, Naval Station, Cuba, two hundred and fifty-four
units, $31,669,000.
Keflavik, Naval Air Station, Iceland, one hundred twelve units,
$23,213,000.
(b) PLANNING AND DESIGN. -- The Secretary of the Navy may carry out
architectural and engineering services and construction design
activities, using amounts appropriated pursuant to section
2204(a)(6)(A), with respect to the construction or improvement of
military family housing units in an amount not to exceed $3,100,000.
(c) PROJECT. -- (1) The Secretary of the Navy may construct one
family housing unit, at a cost not to exceed $140,000, on the Naval Air
Station at Kingsville, Texas, in accordance with applicable provisions
of law.
(2) Funds appropriated to the Department of the Navy for any fiscal
year before fiscal year 1991 for military family housing projects that
remain available, as savings, for obligation are hereby authorized to be
made available, to the extent provided in appropriation Acts, to carry
out paragraph (1).
(3) The authority to carry out this subsection shall expire on
October 1, 1994.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS
(a) IN GENERAL. -- Subject to section 2825 of title 10, United
States Code, the Secretary of the Navy may, using amounts appropriated
pursuant to section 2204(a)(6)(A), improve existing military family
housing units in the amount of $41,748,000.
(b) WAIVER OF MAXIMUM PER UNIT COST FOR CERTAIN IMPROVEMENT PROJECTS.
-- Notwithstanding the maximum amount per unit for an improvement
project under section 2825(b) of title 10, United States Code, the
Secretary of the Navy may carry out projects to improve existing
military family housing units at the following installations in the
number of units, and in the amount, shown for each installation:
Long Beach, Naval Station, California, forty-four units,
$2,208,200.
San Diego, Navy Public Works Center, California, one unit,
$79,900.
Great Lakes, Navy Public Works Center, Illinois, two hundred
and sixty-two units, $17,198,100.
Lakehurst, Naval Air Engineering Center, New Jersey, thirty-two
units, $1,946,400.
Lakehurst, Naval Air Engineering Center, New Jersey, one unit,
$80,100.
New York, Naval Station, New York, ten units, $842,000.
New York, Naval Station, New York, ten units, $719,100.
Cherry Point, Marine Corps Air Station, North Carolina, two
hundred and fourteen units, $13,398,000.
Newport, Naval Education and Training Center, Rhode Island, two
hundred and twenty units, $13,700,000.
Bangor, Naval Submarine Base, Washington, one hundred units,
$5,844,200.
Guantanamo Bay, Naval Station, Cuba, one unit, $104,700.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY
(a) IN GENERAL. -- Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 1989, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $1,962,935,000 as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $915,511,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $90,930,000.
(3) For unspecified minor construction projects under section
2805 of title 10, United States Code, $14,000,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$84,970,000.
(5) For advances to the Secretary of Transportation for
construction of defense access roads under section 210 of title
23, United States Code, $5,810,000.
(6) For military family housing functions --
(A) for construction and acquisition of military family housing
and facilities, $191,290,000; and
(B) for support of military housing (including functions
described in section 2833 of title 10, United States Code),
$660,424,000, of which not more than $40,800,000 may be obligated
or expended for the leasing of military family housing units
worldwide.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS. --
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2205. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS
Notwithstanding the provisions of section 2171(a) of the Military
Construction Authorization Act, 1988 and 1989 (division B of Public Law
100-180; 101 Stat. 1206), authorizations for the following projects
authorized in section 2121 of that Act shall remain in effect until
October 1, 1990, or the date of the enactment of an Act (other than this
Act) authorizing funds for military construction for fiscal year 1991,
whichever is later:
(1) Physical security improvements in the amount of $2,460,000
at Naval Air Station, Sigonella, Italy.
(2) Cold-iron utilities support in the amount of $7,480,000 at
Naval Support Office, La Maddalena, Italy.
(3) Command, Control, Communications and Intelligence Complex
in the amount of $19,400,000 at Naval Support Activity, Naples,
Italy.
SEC. 2206. STUDY AND SOLICITATION OF BIDS FOR OFFICE SPACE
(a) STUDY. -- The Secretary of the Navy shall conduct a study to
determine the location or locations in the State of Virginia at which
the Department of the Navy can most efficiently and effectively carry
out the operations it currently performs in such State within the
National Capital Region.
(b) REPORT. -- The Secretary shall, within 90 days after the date of
the enactment of this Act, transmit a report to the Committees on Armed
Services of the Senate and the House of Representatives containing the
findings and conclusions of such study.
(c) SOLICITATION OF BIDS. -- After the 30-day period beginning on
the date on which the report described in subsection (b) is transmitted,
the Administrator of General Services may issue one or more
solicitations of bids, in accordance with applicable law, for office
space in the State of Virginia for use by the Department of the Navy in
carrying out the operations of the Department currently being performed
in such State within the National Capital Region.
SEC. 2207. COMMUNITY SUPPORT CENTER, MARINE CORPS AIR STATION,
TUSTIN, CALIFORNIA
(a) PROJECT AUTHORIZATION. -- (1) Section 2201(a) of the Military
Construction Authorization Act, 1989 (Public Law 100-456; 102 Stat.
2093), is amended by striking out "$10,990,000" after "Marine Corps Air
Station, Tustin," under the heading "California" and inserting in lieu
thereof "$12,036,000".
(2) Section 2202(a) of such Act (102 Stat. 2097) is amended by
striking out "and eighty mobile home spaces, $10,120,000" in the item
relating to Marine Corps Air Station, El Toro, California, and inserting
in lieu thereof ", $9,074,000".
(b) AUTHORIZATION OF APPROPRIATIONS. -- (1) Section 2205(a)(1) of
such Act (102 Stat. 2099) is amended by striking out "$1,296,450,000"
and inserting in lieu thereof "$1,297,496,000".
(2) Section 2205(a)(6)(A) of such Act (102 Stat. 2099) is amended by
striking out "$250,770,000" and inserting in lieu thereof
"$249,724,000".
SEC. 2221. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS
(a) INSIDE THE UNITED STATES. -- The Secretary of the Navy may
acquire real property and may carry out military construction projects
in the amounts shown for each of the following installations and
locations inside the United States:
Yuma, Marine Corps Air Station, $3,000,000.
Bridgeport, Marine Corps Mountain Warfare Training Center,
California, $8,000,000.
Twentynine Palms, Marine Corps Air-Ground Combat Center,
$3,600,000.
"Years of service Monthly rate:
as an officer:
Over 18 $585
Over 20 495
Over 22 385
Over 25 250".