Public Law 102-240, 105 Stat. 1914, Intermodal Surface Transportation
Efficiency Act of 1991, Title II - VIII
SEC. 2001. "23 USC 401 note" SHORT TITLE.
This part may be cited as the "Highway Safety Act of 1991".
SEC. 2002. HIGHWAY SAFETY PROGRAMS.
(a) UNIFORM GUIDELINES. -- Section 402(a) of title 23, United States
Code, is amended by inserting after the third sentence the following:
"In addition, such uniform guidelines shall include programs (1) to
reduce injuries and deaths resulting from motor vehicles being driven in
excess of posted speed limits, (2) to encourage the proper use of
occupant protection devices (including the use of safety belts and child
restraint systems) by occupants of motor vehicles and to increase public
awareness of the benefit of motor vehicles equipped with airbags, (3) to
reduce deaths and injuries resulting from persons driving motor vehicles
while impaired by alcohol or a controlled substance, (4) to reduce
deaths and injuries resulting from accidents involving motor vehicles
and motorcycles, (5) to reduce injuries and deaths resulting from
accidents involving school buses, and (6) to improve law enforcement
services in motor vehicle accident prevention, traffic supervision, and
post-accident procedures. If the Secretary does not designate as
priority programs those programs described in the preceding sentence,
the Secretary shall submit to Congress a report describing the reasons
for not prioritizing such programs. The Secretary shall establish a
highway safety program for the collection and reporting of data on
traffic-related deaths and injuries by the States. Under such program,
the States shall collect and report such data as the Secretary may
require. The purposes of the program are to ensure national uniform
data on such deaths and injuries and to allow the Secretary to make
determinations for use in developing programs to reduce such deaths and
injuries and making recommendations to Congress concerning legislation
necessary to implement such programs. The program shall include
information obtained by the Secretary under section 4007 of the
Intermodal Surface Transportation Efficiency Act of 1991 and provide for
annual reports to the Secretary on the efforts being made by the States
in reducing deaths and injuries occurring at highway construction sites
and the effectiveness and results of such efforts. The Secretary shall
establish minimum reporting criteria for the program. Such criteria
shall include, but not be limited to, criteria on deaths and injuries
resulting from police pursuits, school bus accidents, and speeding, on
traffic-related deaths and injuries at highway construction sites and on
the configuration of commercial motor vehicles involved in motor vehicle
accidents.".
(b) ADMINISTRATIVE REQUIREMENTS AND USE OF TECHNOLOGY FOR TRAFFIC
ENFORCEMENT. -- Section 402(b) of such title is amended by adding at
the end the following new paragraphs:
"(3) ADMINISTRATIVE REQUIREMENTS. -- The Secretary may not
approve a State highway safety program under this section which
does not --
"(A) provide that the Governor of the State shall be
responsible for the administration of the program through a State
highway safety agency which shall have adequate powers and be
suitably equipped and organized to carry out, to the satisfaction
of the Secretary, such program;
"(B) authorize political subdivisions of the State to carry out
local highway safety programs within their jurisdictions as a part
of the State highway safety program if such local highway safety
programs are approved by the Governor and are in accordance with
the minimum standards established by the Secretary under this
section;
"(C) except as provided in paragraph (5), provide that at least
40 percent of all Federal funds apportioned under this section to
the State for any fiscal year will be expended by the political
subdivisions of the State, including Indian tribal governments, in
carrying out local highway safety programs authorized in
accordance with subparagraph (B); and
"(D) provide adequate and reasonable access for the safe and
convenient movement of individuals with disabilities, including
those in wheelchairs, across curbs constructed or replaced on or
after July 1, 1976, at all pedestrian crosswalks throughout the
State.
"(4) WAIVER. -- The Secretary may waive the requirement of
paragraph (3)(C), in whole or in part, for a fiscal year for any
State whenever the Secretary determines that there is an
insufficient number of local highway safety programs to justify
the expenditure in the State of such percentage of Federal funds
during the fiscal year.
"(5) USE OF TECHNOLOGY FOR TRAFFIC ENFORCEMENT. -- The
Secretary may encourage States to use technologically advanced
traffic enforcement devices (including the use of automatic speed
detection devices such as photo-radar) by law enforcement
officers.".
(c) CONFORMING AMENDMENT. -- Section 402(d) of such title is amended
by striking "Federal-aid primary" and inserting "National Highway
System".
SEC. 2003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) GENERAL AUTHORITY; DRUGS, AND DRIVER BEHAVIOR. -- Section 403
of title 23, United States Code, is amended by striking subsections (a)
and (b) and inserting the following new subsections:
"(a) AUTHORITY OF THE SECRETARY. --
"(1) IN GENERAL. -- The Secretary is authorized to use funds
appropriated to carry out this section to engage in research on
all phases of highway safety and traffic conditions.
"(2) ADDITIONAL AUTHORITY. -- In addition, the Secretary may
use the funds appropriated to carry out this section, either
independently or in cooperation with other Federal departments or
agencies, for --
"(A) training or education of highway safety personnel,
"(B) research fellowships in highway safety,
"(C) development of improved accident investigation procedures,
"(D) emergency service plans,
"(E) demonstration projects, and
"(F) related research and development activities which the
Secretary deems will promote the purposes of this section.
"(3) SAFETY DEFINED. -- As used in this section, the term
'safety' includes highway safety and highway safety-related
research and development, including research and development
relating to highway and driver characteristics, crash
investigations, communications, emergency medical care, and
transportation of the injured.
"(b) DRUGS AND DRIVER BEHAVIOR. -- In addition to the research
authorized by subsection (a), the Secretary, in consultation with other
Government and private agencies as may be necessary, is authorized to
carry out safety research on the following:
"(1) The relationship between the consumption and use of drugs
and their effect upon highway safety and drivers of motor
vehicles.
"(2) Driver behavior research, including the characteristics of
driver performance, the relationships of mental and physical
abilities or disabilities to the driving task, and the
relationship of frequency of driver crash involvement to highway
safety.".
(b) COLLABORATIVE RESEARCH AND DEVELOPMENT. -- Section 403 of such
title is amended by striking subsection (f) and inserting the following
new subsection:
"(f) COLLABORATIVE RESEARCH AND DEVELOPMENT. --
"(1) IN GENERAL. -- For the purpose of encouraging innovative
solutions to highway safety problems, stimulating voluntary
improvements in highway safety, and stimulating the marketing of
new highway safety-related technology by private industry, the
Secretary is authorized to undertake, on a cost-shared basis,
collaborative research and development with non-Federal entities,
including State and local governments, colleges, and universities
and corporations, partnerships, sole proprietorships, and trade
associations that are incorporated or established under the laws
of any State or the United States. This collaborative research
may include crash data collection and analysis; driver and
pedestrian behavior; and demonstrations of technology.
"(2) COOPERATIVE AGREEMENTS. -- In carrying out this
subsection, the Secretary may enter into cooperative research and
development agreements, as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a); except that in entering into such agreements, the
Secretary may agree to provide not more than 50 percent of the
cost of any research or development project selected by the
Secretary under this subsection.
"(3) PROJECT SELECTION. -- In selecting projects to be
conducted under this subsection, the Secretary shall establish a
procedure to consider the views of experts and the public
concerning the project areas.
"(4) APPLICABILITY OF STEVENSON-WYDLER TECHNOLOGY INNOVATION
ACT. -- The research, development, or utilization of any
technology pursuant to an agreement under the provisions of this
subsection, including the terms under which technology may be
licensed and the resulting royalties may be distributed, shall be
subject to the provisions of the Stevenson-Wydler Technology
Innovation Act of 1980.".
(c) CONFORMING AMENDMENT. -- Section 403(c) of such title is amended
by striking "subsection (b)" and inserting "subsections (a) and (b)".
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) IN GENERAL. -- Section 410 of title 23, United States Code, is
amended to read as follows:
"Section 410. Alcohol-impaired driving countermeasures
"(a) GENERAL AUTHORITY. -- Subject to the provisions of this
section, the Secretary shall make grants to those States which adopt and
implement effective programs to reduce traffic safety problems resulting
from persons driving while under the influence of alcohol or a
controlled substance. Such grants may only be used by recipient States
to implement and enforce such programs.
"(b) MAINTENANCE OF EFFORT. -- No grant may be made to a State under
this section in any fiscal year unless such State enters into such
agreements with the Secretary as the Secretary may require to ensure
that such State will maintain its aggregate expenditures from all other
sources for alcohol traffic safety programs at or above the average
level of such expenditures in its 2 fiscal years preceding the date of
the enactment of the Intermodal Surface Transportation Efficiency Act of
1991.
"(c) BASIC GRANT ELIGIBILITY. -- A State is eligible for a basic
grant under this section in a fiscal year only if such State provides
for 4 or more of the following:
"(1) Establishes an expedited driver's license suspension or
revocation system for persons who operate motor vehicles while
under the influence of alcohol which requires that --
"(A) when a law enforcement officer has probable cause under
State law to believe a person has committed an alcohol-related
traffic offense and such person is determined, on the basis of a
chemical test, to have been under the influence of alcohol while
operating the motor vehicle or refuses to submit to such a test as
proposed by the officer, the officer shall serve such person with
a written notice of suspension or revocation of the driver's
license of such person and take possession of such driver's
license;
"(B) the notice of suspension or revocation referred to in
subparagraph (A) shall provide information on the administrative
procedures under which the State may suspend or revoke in
accordance with the objectives of this section a driver's license
of a person for operating a motor vehicle while under the
influence of alcohol and shall specify any rights of the operator
under such procedures;
"(C) the State shall provide, in the administrative procedures
referred to in subparagraph (B), for due process of law, including
the right to an administrative review of a driver's license
suspension or revocation within the time period specified in
subparagraph (F);
"(D) after serving notice and taking possession of a driver's
license in accordance with subparagraph (A), the law enforcement
officer immediately shall report to the State entity responsible
for administering drivers' licenses all information relevant to
the action taken in accordance with this clause;
"(E) in the case of a person who, in any 5-year period
beginning after the date of enactment of this section, is
determined on the basis of a chemical test to have been operating
a motor vehicle under the influence of alcohol or is determined to
have refused to submit to such a test as proposed by the law
enforcement officer, the State entity responsible for
administering drivers' licenses, upon receipt of the report of the
law enforcement officer --
"(i) shall suspend the driver's license of such person for a
period of not less than 90 days if such person is a first offender
in such 5-year period; and
"(ii) shall suspend the driver's license of such person for a
period of not less than 1 year, or revoke such license, if such
person is a repeat offender in such 5-year period; and
"(F) the suspension and revocation referred to under
subparagraph (D) shall take effect not later than 30 days after
the day on which the person first received notice of the
suspension or revocation in accordance with subparagraph (B).
"(2)(A) For each of the first three fiscal years in which a
grant is received, any person with a blood alcohol concentration
of 0.10 percent or greater when driving a motor vehicle shall be
deemed to be driving while intoxicated; and
"(B) For each of the last two fiscal years in which a grant is
received, any person with a blood alcohol concentration of 0.08
percent or greater when driving a motor vehicle shall be deemed to
be driving while intoxicated.
"(3) A statewide program for stopping motor vehicles on a
nondiscriminatory, lawful basis for the purpose of determining
whether or not the operators of such motor vehicles are driving
while under the influence of alcohol.
"(4) A self-sustaining drunk driving prevention program under
which a significant portion of the fines or surcharges collected
from individuals apprehended and fined for operating a motor
vehicle while under the influence of alcohol are returned, or an
equivalent amount of non-Federal funds are provided, to those
communities which have comprehensive programs for the prevention
of such operations of motor vehicles.
"(5) An effective system for preventing operators of motor
vehicles under age 21 from obtaining alcoholic beverages. Such
system may include the issuance of drivers' licenses to
individuals under age 21 that are easily distinguishable in
appearance from drivers' licenses issued to individuals age 21
years of age or older.
"(d) AMOUNT OF BASIC GRANTS. -- The amount of a basic grant to be
made in a fiscal year under this section to a State eligible to receive
such grant shall be 65 percent of the amount of funds apportioned to
such State in such fiscal year under this section.
"(e) SUPPLEMENTAL GRANTS. --
"(1) BLOOD ALCOHOL CONCENTRATION FOR PERSONS UNDER AGE 21. --
A State shall be eligible to receive a supplemental grant in a
fiscal year of 5 percent of the amount apportioned to the State in
the fiscal year under this section if the State is eligible for a
basic grant in the fiscal year and provides that any person under
age 21 with a blood alcohol concentration of 0.02 percent or
greater when driving a motor vehicle shall be deemed to be driving
while intoxicated.
"(2) OPEN CONTAINER LAWS. -- A State shall be eligible to
receive a supplemental grant in a fiscal year of 5 percent of the
amount apportioned to the State in the fiscal year under this
section if the State is eligible for a basic grant in the fiscal
year and makes unlawful the possession of any open alcoholic
beverage container, or the consumption of any alcoholic beverage,
in the passenger area of any motor vehicle located on a public
highway or the right-of-way of a public highway, except --
"(A) as allowed in the passenger area, by persons (other than
the driver), of any motor vehicle designed to transport more than
10 passengers (including the driver) while being used to provide
charter transportation of passengers; or
"(B) as otherwise specifically allowed by such State, with the
approval of the Secretary, but in no event may the driver of such
motor vehicle be allowed to possess or consume an alcoholic
beverage in the passenger area.
"(3) SUSPENSION OF REGISTRATION AND RETURN OF LICENSE PLATES.
-- A State shall be eligible to receive a supplemental grant in a
fiscal year of 5 percent of the amount apportioned to the State in
the fiscal year under this section if the State is eligible for a
basic grant in the fiscal year and provides for the suspension of
the registration of, and the return to such State of the license
plates for an individual who --
"(A) has been convicted on more than 1 occasion of an
alcohol-related traffic offense within any 5-year period beginning
after the date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991; or
"(B) has been convicted of driving while his or her driver's
license is suspended or revoked by reason of a conviction for such
an offense.
A State may provide limited exceptions to such suspension of
registration or return of license plates on an individual basis to
avoid undue hardship to any individual (including any family
member of the convicted individual and any co-owner of the motor
vehicle) who is completely dependent on the motor vehicle for the
necessities of life. Such exceptions may not result in
unrestricted reinstatement of the registration of the motor
vehicle, unrestricted return of the license plates of the motor
vehicle, or unrestricted return of the motor vehicle.
"(4) MANDATORY BLOOD ALCOHOL CONCENTRATION TESTING PROGRAMS.
-- A State shall be eligible to receive a supplemental grant in a
fiscal year of 5 percent of the amount apportioned to the State in
the fiscal year under this section if the State is eligible for a
basic grant in the fiscal year and provides for mandatory blood
alcohol concentration testing whenever a law enforcement officer
has probable cause under State law to believe that a driver of a
motor vehicle involved in an accident resulting in the loss of
human life or, as determined by the Secretary, serious bodily
injury, has committed an alcohol-related traffic offense.
"(5) DRUGGED DRIVING PREVENTION. -- A State shall be eligible
to receive a supplemental grant in a fiscal year of 5 percent of
the amount apportioned to the State in the fiscal year under this
section if the State is eligible for a basic grant in the fiscal
year and --
"(A) provides for laws concerning drugged driving under which
--
"(i) a person shall not drive or be in actual physical control
of a motor vehicle while under the influence of alcohol, a
controlled substance, a combination of controlled substances, or
any combination of alcohol and controlled substances;
"(ii) any person who operates a motor vehicle upon the highways
of the State shall be deemed to have given consent to a test or
tests of his or her blood, breath, or urine for the purpose of
determining the blood alcohol concentration or the presence of
controlled substances in his or her body; and
"(iii) the driver's license of a person shall be suspended
promptly, for a period of not less than 90 days in the case of a
first offender and not less than 1 year in the case of any repeat
offender, when a law enforcement officer has probable cause under
State law to believe such person has committed a traffic offense
relating to controlled substances use, and such person (I) is
determined, on the basis of 1 or more chemical tests, to have been
under the influence of controlled substances while operating a
motor vehicle, or (II) refuses to submit to such a test as
proposed by the officer;
"(B) has in effect a law which provides that --
"(i) any person convicted of a first violation of driving under
the influence of controlled substances or alcohol, or both, shall
receive --
"(I) a mandatory license suspension for a period of not less
than 90 days; and
"(II) either an assignment of 100 hours of community service or
a minimum sentence of imprisonment for 48 consecutive hours;
"(ii) any person convicted of a second violation of driving
under the influence of controlled substances or alcohol, or both,
within 5 years after a conviction for the same offense shall
receive a mandatory minimum sentence of imprisonment for 10 days
and license revocation for not less than 1 year;
"(iii) any person convicted of a third or subsequent violation
of driving under the influence of controlled substances or
alcohol, or both, within 5 years after a prior conviction for the
same offense shall --
"(I) receive a mandatory minimum sentence of imprisonment for
120 days; and
"(II) have his or her license revoked for not less than 3
years; and
"(iv) any person convicted of driving with a suspended or
revoked license or in violation of a restriction imposed as a
result of a conviction for driving under the influence of
controlled substances or alcohol, or both, shall receive a
mandatory sentence of imprisonment for at least 30 days, and shall
upon release from imprisonment receive an additional period of
license suspension or revocation of not less than the period of
suspension or revocation remaining in effect at the time of
commission of the offense of driving with a suspended or revoked
license;
"(C) provides for an effective system, as determined by the
Secretary, for --
"(i) the detection of driving under the influence of controlled
substances;
"(ii) the administration of a chemical test or tests to any
driver who a law enforcement officer has probable cause under
State law to believe has committed a traffic offense relating to
controlled substances use; and
"(iii) in instances where such probable cause exists, the
prosecution of (I) those persons who are determined, on the basis
of 1 or more chemical tests, to have been operating a motor
vehicle while under the influence of controlled substances and
(II) those persons who refuse to submit to such a test as proposed
by a law enforcement officer; and
"(D) has in effect 2 of the following programs:
"(i) An effective educational program, as determined by the
Secretary, for the prevention of driving under the influence of
controlled substances.
"(ii) An effective program, as determined by the Secretary, for
training law enforcement officers to detect driving under the
influence of controlled substances.
"(iii) An effective program, as determined by the Secretary,
for the rehabilitation and treatment of those convicted of driving
under the influence of controlled substances.
"(6) BLOOD ALCOHOL CONCENTRATION LEVEL PERCENTAGE. -- A State
shall be eligible to receive a supplemental grant in a fiscal year
of 5 percent of the amount apportioned to the State in the fiscal
year under this section if the State is eligible for a basic grant
in the fiscal year and requires that any person with a blood
alcohol concentration of .08 percent or greater when driving a
motor vehicle shall be deemed to be driving while intoxicated in
each of the first three fiscal years in which a basic grant is
received.
"(7) VIDEO EQUIPMENT FOR DETECTION OF DRUNK AND DRUGGED
DRIVERS. -- A State shall be eligible to receive a supplemental
grant in a fiscal year of 5 percent of the amount apportioned to
the State in the fiscal year under this section if the State is
eligible for a basic grant in the fiscal year and provides a
program to acquire video equipment to be used in detecting persons
who operate motor vehicles while under the influence of alcohol or
a controlled substance and in effectively prosecuting those
persons, and to train personnel in the use of that equipment.
"(f) ADMINISTRATIVE EXPENSES. -- Funds authorized to be appropriated
to carry out this section shall be subject to a deduction not to exceed
5 percent for the necessary costs of administering the provisions of
this section, and the remainder shall be apportioned among the several
States.
"(g) APPORTIONMENT OF FUNDS. --
"(1) FORMULA. -- After the deduction under subsection (f), the
remainder of the funds authorized to be appropriated to carry out
this section shall be apportioned 75 percent in the ratio which
the population of each State bears to the total population of all
the States, as shown by the latest available Federal census, and
25 percent in the ratio which the public road mileage in each
State bears to the total public road mileage in all States.
"(2) DETERMINATION OF PUBLIC ROAD MILEAGE. -- For the purposes
of this subsection, the term 'public road' means any road under
the jurisdiction of and maintained by a public authority and open
to public travel. Public road mileage as used in this subsection
shall be determined as of the end of the calendar year preceding
the year in which the funds are apportioned and shall be certified
to by the Governor of the State and subject to approval by the
Secretary.
"(3) MINIMUM PERCENTAGE. -- The annual apportionment under
this paragraph to each State shall not be less than one-half of 1
percent of the total apportionment; except that the
apportionments to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall not be less
than one-quarter of 1 percent of the total apportionment.
"(4) REAPPORTIONMENT OF NONELIGIBLE STATE FUNDS. -- If a State
is not eligible for a basic grant or for a supplemental grant
under this section in a fiscal year, the amount of funds
apportioned to the State in the fiscal year to make such grant
shall be reapportioned to the other States eligible to receive
such a grant in the fiscal year in accordance with the formula
specified in this subsection. The reapportionment shall be made
on the first day of the succeeding fiscal year.
"(h) APPLICABILITY OF CHAPTER 1. --
"(1) IN GENERAL. -- Except as otherwise provided in this
subsection, all provisions of chapter 1 of this title that are
applicable to National Highway System funds, other than provisions
relating to the apportionment formula and provisions limiting the
expenditure of such funds to the Federal-aid systems, shall apply
to the funds authorized to be appropriated to carry out this
section.
"(2) INCONSISTENT PROVISIONS. -- If the Secretary determines
that a provision of chapter 1 of this title is inconsistent with
this section, such provision shall not apply to funds authorized
to be appropriated to carry out this section.
"(3) CREDIT FOR STATE AND LOCAL EXPENDITURES. -- The aggregate
of all expenditures made during any fiscal year by a State and its
political subdivisions (exclusive of Federal funds) for carrying
out the State highway safety program (other than planning and
administration) shall be available for the purpose of crediting
such State during such fiscal year for the non-Federal share of
the cost of any project under this section (other than one for
planning or administration) without regard to whether such
expenditures were actually made in connection with such project.
"(4) INCREASED FEDERAL SHARE FOR CERTAIN INDIAN TRIBE PROGRAMS.
-- In the case of a local highway safety program carried out by
an Indian tribe, if the Secretary is satisfied that an Indian
tribe does not have sufficient funds available to meet the
non-Federal share of the cost of such program, the Secretary may
increase the Federal share of the cost thereof payable under this
title to the extent necessary.
"(5) TREATMENT OF TERM 'STATE HIGHWAY DEPARTMENT'. -- In
applying provisions of chapter 1 in carrying out this section, the
term 'State highway department' as used in such provisions shall
mean the Governor of a State and, in the case of an Indian tribe
program, the Secretary of the Interior.
"(i) DEFINITIONS. -- For the purposes of this section, the following
definitions apply:
"(1) ALCOHOLIC BEVERAGE. -- The term 'alcoholic beverage' has
the meaning such term has under section 158(c) of this title.
"(2) CONTROLLED SUBSTANCES. -- The term 'controlled
substances' has the meaning such term has under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)).
"(3) MOTOR VEHICLE. -- The term 'motor vehicle' has the
meaning such term has under section 154(b) of this title.
"(4) OPEN ALCOHOLIC BEVERAGE CONTAINER. -- The term 'open
alcoholic beverage container' means any bottle, can, or other
receptacle --
"(A) which contains any amount of an alcoholic beverage; and
"(B)(i) which is open or has a broken seal, or
"(ii) the contents of which are partially removed.
"(j) FUNDING FOR FISCAL YEARS 1993-1997. -- From sums made available
to carry out section 402 of this title, the Secretary shall make
available $25,000,000 for each of fiscal years 1993 through 1997 to
carry out this section.".
(b) STATES ELIGIBLE FOR GRANTS UNDER SECTION 410 BEFORE DATE OF
ENACTMENT. -- A State which, before the date of the enactment of this
Act, was eligible to receive a grant under section 410 of title 23, "23
USC 410 note" United States Code, as in effect on the day before such
date of enactment, may elect to receive in a fiscal year grants under
such section 410, as so in effect, in lieu of receiving in such fiscal
year grants under such section 410, as amended by this Act.
(c) CONFORMING AMENDMENT. -- The analysis for chapter 4 of such
title is amended by striking the item relating to section 410 and
inserting the following:
"410. Alcohol-impaired driving countermeasures.".
SEC. 2005. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the provisions of title 23, United
States Code, the following sums are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account):
(1) NHTSA HIGHWAY SAFETY PROGRAMS. -- For carrying out section
402 of title 23, United States Code, by the National Highway
Traffic Safety Administration $126,000,000 for fiscal year 1992
and $171,000,000 for each of fiscal years 1993, 1994, 1995, 1996,
and 1997.
(2) NHTSA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. -- For
carrying out section 403 by the National Highway Traffic Safety
Administration $44,000,000 for each of the fiscal years 1992
through 1997.
(3) ALCOHOL TRAFFIC SAFETY INCENTIVE GRANT PROGRAM. -- For
carrying out section 410 of such title $25,000,000 for fiscal year
1992.
SEC. 2006. "23 USC 403 note" DRUG RECOGNITION EXPERT TRAINING
PROGRAM.
(a) ESTABLISHMENT. -- The Secretary, acting through the National
Highway Traffic Safety Administration, shall establish a regional
program for implementation of drug recognition programs and for training
law enforcement officers (including enforcement officials under the
motor carrier safety assistance program) to recognize and identify
individuals who are operating a motor vehicle while under the influence
of alcohol or one or more controlled substances or other drugs.
(b) ADVISORY COMMITTEE. -- The Secretary shall establish a citizens
advisory committee that shall report to Congress annually on the
progress of the implementation of subsection (a). Members of the
committee shall include 1 member of each of the following: Mothers
Against Drunk Driving; a narcotics control organization; American
Medical Association; American Bar Association; and such other
organizations as the Secretary deems appropriate. The committee shall
be subject to the provisions of the Advisory Committee Act and shall
terminate 2 years after the date of the enactment of this Act.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for each of fiscal years
1992 through 1997.
(d) DEFINITION. -- For purposes of this section, the term
"controlled substance" means any controlled substance, as defined under
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)),
whose use the Secretary has determined poses a risk to transportation
safety.
SEC. 2007. NATIONAL DRIVER REGISTER ACT AUTHORIZATIONS.
Section 211(b) of the National Driver Register Act of 1982 (23 U.S.C.
401 note) is amended --
(1) by striking "and" the second place it appears; and
(2) by inserting before the period at the end the following:
", and not to exceed $4,000,000 for fiscal year 1992. From sums
made available to carry out section 402 of title 23, United States
Code, the Secretary shall make available $4,000,000 for each of
fiscal years 1993 and 1994 to carry out this section.".
SEC. 2008. "23 USC 402 note" EFFECTIVE DATE; APPLICABILITY.
Except as otherwise provided, this title, including the amendments
made by this title, shall take effect on the date of the enactment of
this Act, shall apply to funds authorized to be appropriated or made
available after September 30, 1991, and shall not apply to funds
appropriated or made available on or before such date of enactment.
SEC. 2009. OBLIGATION CEILINGS.
(a) IN GENERAL. -- Sums authorized for fiscal year 1992 by sections
2005(1), 2005(3), and 2006(c) of this Act and section 211(b) of the
National Driver Register Act of 1982 shall be subject to the obligation
limitation established by section 102 of this Act for fiscal year 1992.
(b) OBLIGATION LIMITATION. -- If an obligation limitation is placed
on sums authorized to be appropriated to carry out section 402 of title
23, "23 USC 402 note" United States Code, for fiscal year 1993 or
subsequent fiscal years, any amounts made available out of such funds to
carry out sections 2004 and 2006 of this Act and section 211(b) of the
National Driver Register Act of 1982 shall be reduced proportionally.
SEC. 2500. SHORT TITLE.
This part may be cited as the "National Highway Traffic Safety
Administration Authorization Act "15 USC 1392 note" of 1991".
SEC. 2501. AUTHORIZATION OF APPROPRIATIONS.
(a) TRAFFIC AND MOTOR VEHICLE SAFETY PROGRAM. -- For the National
Highway Traffic Safety Administration to carry out the National Traffic
and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), there are
authorized to be appropriated $68,722,000 for fiscal year 1992,
$71,333,436 for fiscal year 1993, $74,044,106 for fiscal year 1994, and
$76,857,782 for fiscal year 1995.
(b) MOTOR VEHICLE INFORMATION AND COST SAVINGS PROGRAMS. -- For the
National Highway Traffic Safety Administration to carry out the Motor
Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.), there
are authorized to be appropriated $6,485,000 for fiscal year 1992,
$6,731,430 for fiscal year 1993, $6,987,224 for fiscal year 1994, and
$7,252,739 for fiscal year 1995.
SEC. 2502. GENERAL PROVISIONS.
(a) DEFINITIONS. -- As used in this part --
(1) the term "bus" means a motor vehicle with motive power,
except a trailer, designed for carrying more than 10 persons;
(2) the term "multipurpose passenger vehicle" means a motor
vehicle with motive power (except a trailer), designed to carry 10
persons or fewer, which is constructed either on a truck chassis
or with special features for occasional off-road operation;
(3) the term "passenger car" means a motor vehicle with motive
power (except a multipurpose passenger vehicle, motorcycle, or
trailer), designed for carrying 10 persons or fewer;
(4) the term "truck" means a motor vehicle with motive power,
except a trailer, designed primarily for the transportation of
property or special purpose equipment; and
(5) the term "Secretary" means the Secretary of Transportation.
(b) PROCEDURE. --
(1) IN GENERAL. -- Except as provided in paragraph (2), any
action taken under section 2503 shall be taken in accordance with
the applicable provisions of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.).
(2) SPECIFIC PROCEDURE. --
(A) INITIATION. -- To initiate an action under section 2503,
the Secretary shall, not later than May 31, 1992, publish in the
Federal Register an advance notice of proposed rulemaking or a
notice of proposed rulemaking, except that if the Secretary is
unable to publish such a notice by such date, the Secretary shall
by such date publish in the Federal Register a notice that the
Secretary will begin such action by a certain date which may not
be later than January 31, 1993 and include in such notice the
reasons for the delay. A notice of delayed action shall not be
considered agency action subject to judicial review. If the
Secretary publishes an advance notice of proposed rulemaking, the
Secretary is not required to follow such notice with a notice of
proposed rulemaking if the Secretary determines on the basis of
such advanced notice and the comments received thereon that the
contemplated action should not be taken under the provisions of
the National Traffic and Motor Vehicle Safety Act of 1966 (15
U.S.C. 1381 et seq.), including the provisions of section 103 of
such Act (15 U.S.C. 1392), and if the Secretary publishes the
reasons for such determination consistent with chapter 5 of title
5, United States Code.
(B) COMPLETION. --
(i) PERIOD. -- Action under paragraphs (1) through (4) of
section 2503 which was begun under subparagraph (A) shall be
completed within 26 months of the date of publication of an
advance notice of proposed rulemaking or 18 months of the date of
publication of a notice of proposed rulemaking. The Secretary may
extend for any reason the period for completion of a rulemaking
initiated by the issuance of a notice of proposed rulemaking for
not more than 6 months if the Secretary publishes the reasons for
such extension. The extension of such period shall not be
considered agency action subject to judicial review.
(ii) ACTION. -- A rulemaking under paragraphs (1) through (4)
of section 2503 shall be considered completed when the Secretary
promulgates a final rule or when the Secretary decides not to
promulgate a rule (which decision may include deferral of the
action or reinitiation of the action). The Secretary may not
decide against promulgation of a final rule because of lack of
time to complete rulemaking. Any such rulemaking actions shall be
published in the Federal Register, together with the reasons for
such decisions, consistent with chapter 5 of title 5, United
States Code, and the National Traffic and Motor Vehicle Safety Act
of 1966.
(iii) SPECIAL RULE. --
(I) PERIOD. -- Action under paragraph (5) of section 2503
which was begun under subparagraph (A) shall be completed within
24 months of the date of publication of an advance notice of
proposed rulemaking or a notice of proposed rulemaking. If the
Secretary determines that there is a need for delay and if the
public comment period is closed, the Secretary may extend the date
for completion for not more than 6 months and shall publish in the
Federal Register a notice stating the reasons for the extension
and setting a date certain for completion of the action. The
extension of the completion date shall not be considered agency
action subject to judicial review.
(II) ACTION. -- A rulemaking under paragraph (5) of section
2503 shall be considered completed when the Secretary promulgates
a final rule with standards on improved head injury protection.
(C) STANDARD. -- The Secretary may, as part of any action
taken under section 2503, amend any motor vehicle safety standard
or establish a new standard under the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.).
SEC. 2503. MATTERS BEFORE THE SECRETARY.
The Secretary shall address the following matters in accordance with
section 2502:
(1) Protection against unreasonable risk of rollovers of
passenger cars, multipurpose passenger vehicles, and trucks with a
gross vehicle weight rating of 8,500 pounds or less and an
unloaded vehicle weight of 5,500 pounds or less.
(2) Extension of passenger car side impact protection to
multipurpose passenger vehicles and trucks with a gross vehicle
weight rating of 8,500 pounds or less and an unloaded vehicle
weight of 5,500 pounds or less.
(3) Safety of child booster seats used in passenger cars and
other appropriate motor vehicles.
(4) Improved design for safety belts.
(5) Improved head impact protection from interior components of
passenger cars (i.e. roof rails, pillars, and front headers).
SEC. 2504. RECALL OF CERTAIN MOTOR VEHICLES.
(a) NOTIFICATION OF DEFECT OR FAILURE TO COMPLY. -- Section 153 of
the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.
1413) is amended by adding at the end the following new subsections:
"(d) If the Secretary determines that a notification sent by a
manufacturer pursuant to subsection (c) of this section has not resulted
in an adequate number of vehicles or items of equipment being returned
for remedy, the Secretary may direct the manufacturer to send a second
notification in such manner as the Secretary may by regulation
prescribe.
"(e)(1) Any lessor who receives a notification required by section
151 or 152 pertaining to any leased motor vehicle shall send a copy of
such notice to the lessee in such manner as the Secretary may by
regulation prescribe.
"(2) For purposes of this subsection, the term 'leased motor vehicle'
means any motor vehicle which is leased to a person for a term of at
least four months by a lessor who has leased five or more vehicles in
the twelve months preceding the date of the notification.".
(b) LIMITATION ON SALE OR LEASE OF CERTAIN VEHICLES. -- Section 154
of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.
1414) is amended by adding at the end the following:
"(d) If notification is required under section 151 or by an order
under section 152(b) and has been furnished by the manufacturer to a
dealer of motor vehicles with respect to any new motor vehicle or new
item of replacement equipment in the dealer's possession at the time of
notification which fails to comply with an applicable Federal motor
vehicle safety standard or contains a defect which relates to motor
vehicle safety, such dealer may sell or lease such motor vehicle or item
of replacement equipment only if --
"(1) the defect or failure to comply has been remedied in
accordance with this section before delivery under such sale or
lease; or
"(2) in the case of notification required by an order under
section 152(b), enforcement of the order has been restrained in an
action to which section 155(a) applies or such order has been set
aside in such an action.
Nothing in this subsection shall be construed to prohibit any dealer
from offering for sale or lease such vehicle or item of equipment.".
SEC. 2505. STANDARDS OF COMPLIANCE TEST PROGRAM.
Section 103 of the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. 1392) is amended by adding at the end the following:
"(j) The Secretary shall establish and periodically review and update
on a continuing basis a 5-year plan for testing Federal Motor Vehicle
Safety Standards that are capable, in the Secretary's judgment, of being
tested. In developing the plan and establishing testing priorities, the
Secretary shall take into consideration such factors as the Secretary
deems appropriate, consistent with the purposes of this Act and the
Secretary's other responsibilities under this Act. The Secretary may at
any time adjust such priorities to address matters the Secretary deems
of greater priority. The initial plan may be the 5-year plan for
compliance testing in effect on the date of enactment of this
subsection.".
SEC. 2506. REAR SEATBELTS.
The Secretary shall expend such portion of the funds authorized to be
appropriated under the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1901 et seq.), for fiscal year 1993, as the Secretary deems
necessary for the purpose of disseminating information to consumers
regarding the manner in which passenger cars may be retrofitted with lap
and shoulder rear seatbelts.
SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS.
Not later than December 31, 1993, the Secretary, in accordance with
the National Traffic and Motor Vehicle Safety Act of 1966, shall publish
an advance notice of proposed rulemaking to consdier the need for any
additional brake performance standards for passenger cars, including
antilock brake standards. The Secretary shall complete such rulemaking
(in accordance with section 2502(b)(2)(B)(ii)) not later than 36 months
from the date of initiation of such advance notice of proposed
rulemaking. In order to facilitate and encourage innovation and early
application of economical and effective antilock brake systems for all
such vehicles, the Secretary shall, as part of the rulemaking, consider
any such brake system adopted by a manufacturer.
SEC. 2508. AUTOMATIC CRASH PROTECTION AND SAFETY BELT USE.
(a) AMENDMENT OF STANDARD. --
(1) SPECIFICATIONS. -- Notwithstanding any other provision of
law or rule, the Secretary shall by September 1, 1993, promulgate,
in accordance with the National Traffic and Motor Vehicle Safety
Act of 1966 (to the extent such Act is not in conflict with the
provisions of this section), an amendment to Federal Motor Vehicle
Safety Standard 208 issued under such Act to provide that the
automatic occupant crash protection system for the front outboard
designated seating positions of each --
(A) new truck, bus, and multipurpose passenger vehicle (other
than walk-in van-type trucks and vehicles designed to be
exclusively sold to the United States Postal Service) with a gross
vehicle weight rating of 8,500 pounds or less and an unloaded
vehicle weight of 5,500 pounds or less, and
(B) new passenger car,
manufactured on or after the dates specified in the applicable
schedule established by subsection (b), shall be an inflatable
restraint complying with the occupant protection requirements
under section 4.1.2.1 of such Standard. This section supplements
and revises, but does not replace, Federal Motor Vehicle Safety
Standard 208, including the amendment to such Standard 208 of
March 26, 1991 (56 F.R. 12472), extending the requirements for
automatic crash protection, together with incentives for more
innovative automatic crash protection, to trucks, buses, and
multipurpose passenger vehicles.
(2) REQUIREMENT. -- The amendment to such Standard 208 shall
also require, to be effective as soon as possible after the
promulgation of such amendment, that the owner manuals for
passenger cars and trucks, buses, and multipurpose passenger
vehicles equipped with an inflatable restraint include a statement
in an easily understandable format --
(A) that the vehicle is equipped with an inflatable restraint
referred to as an "airbag" and a lap and shoulder belt in either
or both the front outboard seating positions;
(B) that the airbag is a supplemental restraint;
(C) that it does not substitute for lap and shoulder belts
which must also be correctly used by an occupant in such seating
position to provide restraint or protection not only from frontal
crashes but from other types of crashes or accidents; and
(D) that all occupants, including the driver, should always
wear their lap and shoulder belts, where available, or other
safety belts, whether or not there is an inflatable restraint.
(3) FINDING. -- The Congress finds that it is in the public
interest for all States to adopt and enforce mandatory seat belt
use laws and for the Federal Government to adopt and enforce
mandatory seat belt use rules.
(b) SCHEDULE. -- The amendment promulgated under subsection (a)
shall establish the following schedule:
(1) NEW PASSENGER CARS. -- The amendment shall take effect for
95 percent of each manufacturer's annual production of passenger
cars manufactured on and after September 1, 1996, and before
September 1, 1997, and for 100 percent of each manufacturer's
production of passenger cars manufactured on and after September
1, 1997. Subject to the provisions of subsection (c), the
percentage prescribed for passenger cars manufacturer on and after
September 1, 1997, shall be met entirely by inflatable restraints
(accompanied by lap and shoulder belts) for both front outboard
seating positions.
(2) NEW TRUCKS, BUSES, AND MULTIPURPOSE PASSENGER VEHICLES. --
The amendment shall take effect for 80 percent of each
manufacturer's annual production of trucks, buses, and
multipurpose passenger vehicles described in subsection (a)(1)(A)
and manufactured on and after September 1, 1997, and before
September 1, 1998, and for 100 percent of each manufacturer's
production of such trucks, buses, and multipurpose passenger
vehicles manufactured on and after September 1, 1998. Subject to
the provisions of subsection (c), the percentage prescribed for
such trucks, buses, and multipurpose passenger vehicles
manufactured on and after September 1, 1998, shall be met entirely
by inflatable restraints (accompanied by lap and shoulder belts)
for both front outboard seating positions. The incentives or
credits available under Standard 208 (as amended by this section)
prior to September 1, 1998, shall not be available to the
manufacturers to comply with the 100 percent requirement of this
paragraph on and after such date.
(c) TEMPORARY EXEMPTION FROM REQUIREMENTS. -- Upon application by a
manufacturer, in such manner and containing such information as the
Secretary shall prescribe in the amendment under this section to such
Standard 208, the Secretary may at any time, under such terms and
conditions and to such extent as the Secretary deems appropriate,
temporarily exempt or renew the exemption of a motor vehicle from the
requirements of subsection (a) or (b), or both, if the Secretary finds
that there has been a disruption in the supply of any inflatable
restraint component, or a disruption in the use and installation by the
manufacturer of such component due to unavoidable events not under the
control of the manufacturer, that will prevent a manufacturer from
meeting its anticipated production volume of vehicles with such
restraints. Each application for such exemption must be filed by the
manufacturer affected, and must specify the models, lines, and types of
vehicles actually affected, although the Secretary may consolidate
applications of a similar nature of 1 or more manufacturers. Any
exemption or renewal shall be conditioned upon the manufacturer's
commitment to recall the exempted vehicles for installation of omitted
inflatable restraints within a reasonable time proposed by the
manufacturer and approved by the Secretary after such components become
available in sufficient quantities to satisfy both anticipated
production and recall volume requirements. Notice of each application
shall be published in the Federal Register and notice of each decision
to grant or deny a temporary exemption, and the reasons for granting or
denying it, shall be published in the Federal Register. The Secretary
shall require labeling for each exempted motor vehicle which can only be
removed after recall and installation of the required inflatable
restraint. If a vehicle is delivered without an inflatable restraint,
the Secretary shall require that written notification of the exemption
be delivered to the dealer and first purchasers for purposes other than
resale of such exempted motor vehicle in such a manner, and containing
such information, as the Secretary deems appropriate.
(d) CONSTRUCTION. -- Nothing in this section shall be construed by
the Secretary or any other person, including any court, as altering or
affecting any other provision of law administered by the Secretary and
applicable to such passenger cars or trucks, buses, or multipurpose
passenger vehicles or as establishing any precedent regarding the
development and promulgation of any Federal Motor Vehicle Safety
Standard. Nothing in this section or in the amendments made under this
section to Federal Motor Vehicle Safety Standard 208 shall be construed
by any person or court as indicating an intention by Congress to affect,
change, or modify in any way the liability, if any, of a motor vehicle
manufacturer under applicable law relative to vehicles with or without
inflatable restraints.
(e) REPORT. -- The Secretary shall biannually report, beginning
October 1, 1992 and continuing to October 1, 2000, on the actual
effectiveness of an occupant restraint system defined as the percentage
reduction in fatalities or injuries of restrained occupants as compared
to unrestrained occupants for the combination of inflated restraints and
lap and shoulder belts, for inflated restraints alone, and for lap and
shoulder belts alone. The Secretary, in consultation with the Secretary
of Labor and the Secretary of Defense, shall also provide data and
analysis on lap and shoulder belt use, nationally and in each State, by
Federal, State, and local law enforcement officers, by military
personnel, by Federal and State employees other than law enforcement
officers, and by the public.
(f) AIRBAGS FOR CARS ACQUIRED FOR FEDERAL USE. -- The Secretary, in
cooperation with the Administrator of General Services and the heads of
other appropriate Federal agencies and consistent with applicable
provisions of Federal procurement law and available appropriations,
shall establish a program requiring that all passenger cars acquired
after September 30, 1994, for use by the Federal Government be equipped,
to the maximum extent practicable, with driver-side inflatable
restraints and that all passenger cars acquired after September 30,
1996, for use by the Federal Government be equipped, to the maximum
extent practicable, with inflatable restraints for both the driver and
front seat outboard seating positions.
SEC. 2509. HEAD INJURY IMPACT STUDY.
The Secretary, in the case of any head injury protection matters not
subject to section 2503(5) for which the Secretary is on the date of
enactment of this Act examining the need for rulemaking and is
conducting research, shall provide a report to Congress by the end of
fiscal year 1993 identifying those matters and their status. The report
shall include a statement of any actions planned toward initiating such
rulemaking no later than fiscal year 1994 or 1995 through use of either
an advance notice of proposed rulemaking or a notice of proposed
rulemaking and completing such rulemaking as soon as possible
thereafter.
SEC. 3001. "49 USC app. 1601 note" SHORT TITLE.
This title may be cited as the "Federal Transit Act Amendments of
1991".
SEC. 3002. AMENDMENTS TO URBAN MASS TRANSPORTATION ACT OF 1964.
Except as otherwise expressly provided, whenever in this title 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 Urban Mass Transportation
Act of 1964 (49 U.S.C. App. 1601-1621).
SEC. 3003. AMENDMENT TO SHORT TITLE OF URBAN MASS TRANSPORTATION ACT
OF 1964.
(a) IN GENERAL. -- The Act "49 USC app. 1601 note" is amended by
striking "That this Act may be cited as the 'Urban Mass Transportation
Act of 1964'." and inserting the following:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Transit Act'.".
(b) "49 USC app. 1601 note" OTHER REFERENCES. -- Any reference in a
law, map, regulation, document, paper, or other record of the United
States to the Urban Mass Transportation Act of 1964 shall be deemed to
be a reference to the "Federal Transit Act".
SEC. 3004. FEDERAL TRANSIT ADMINISTRATION.
(a) REDESIGNATION OF UMTA. -- The Urban Mass Transportation
Administration of the Department of Transportation shall be known and
designated as the "Federal Transit Administration".
(b) REFERENCES. -- Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Urban Mass
Transportation Administration shall be deemed to be a reference to the
"Federal Transit Administration".
(c) AMENDMENTS TO TITLE 49. --
(1) AMENDMENT TO TEXT. -- Section 107(a) of title 49, United
States Code, is amended by striking "Urban Mass Transportation
Administration" and inserting "Federal Transit Administration".
(2) AMENDMENT TO SECTION HEADING. -- The heading for section
107 of such title is amended to read as follows:
"Section 107. Federal Transit Administration".
(3) AMENDMENT TO CHAPTER ANALYSIS. -- The analysis for chapter
1 of such title is amended by striking the item relating to
section 107 and inserting the following:
"107. Federal Transit Administration.".
(d) AMENDMENTS TO TITLE 5. -- Title 5, United States Code, is
amended --
(1) in section 5314 by striking "Urban Mass Transportation
Administrator" and inserting "Federal Transit Administrator"; and
(2) in section 5316 by striking "Deputy Administrator, Urban
Mass Transportation Administration" and inserting "Deputy
Administrator, Federal Transit Administration".
SEC. 3005. FINDINGS AND PURPOSES.
(a) "49 USC app. 1601" FINDINGS. -- Section 2(a) is amended --
(1) in paragraph (2) by striking "; and" and inserting a
semicolon;
(2) in paragraph (3) by striking the period and inserting ";
and"; and
(3) by adding at the end the following new paragraph:
"(4) that significant transit improvements are necessary to
achieve national goals for improved air quality, energy
conservation, international competitiveness, and mobility for
elderly persons, persons with disabilities, and economically
disadvantaged persons in urban and rural areas of the country.".
(b) PURPOSES. -- Section 2(b) is amended --
(1) in paragraph (2) by striking "; and" and inserting a
semicolon;
(2) in paragraph (3) by striking the period and inserting ";
and"; and
(3) by adding at the end the following new paragraph:
"(4) to provide financial assistance to State and local
governments and their instrumentalities to help implement national
goals relating to mobility for elderly persons, persons with
disabilities, and economically disadvantaged persons.".
SEC. 3006. MAJOR CAPITAL INVESTMENT PROGRAM.
(a) "49 USC app. 1602" ELDERLY PERSONS AND PERSONS WITH DISABILITIES.
-- Section 3(a)(1) is amended by striking subparagraph (E) and
inserting the following new subparagraph:
"(E) transit projects which are planned, designed, and carried
out to meet the special needs of elderly persons and persons with
disabilities; and".
(b) CORRIDOR DEVELOPMENT. -- Section 3(a)(1) is further amended by
adding at the end the following new subparagraph:
"(F) the development of corridors to support fixed guideway
systems, including protection of rights-of-way through
acquisition, construction of dedicated bus and high occupancy
vehicle lanes, construction of park and ride lots, and any other
nonvehicular capital improvements that the Secretary may determine
would result in increased transit usage in the corridor.".
(c) "49 USC app. 1602 note" GRANDFATHERED LETTERS OF INTENT. -- This
Act shall not be construed to affect the validity of any existing letter
of intent, full funding grant agreement, or letter of commitment issued
under section 3(a)(4) of the Federal Transit Act before the date of the
enactment of the Federal Transit Act Amendments of 1991.
(d) ALLOCATIONS. -- Section 3(k) is amended --
(1) by striking paragraph (1) and inserting the following:
"(1) IN GENERAL. -- Subject to paragraph (3), of the amounts
available for grants and loans under this section for fiscal years
1992, 1993, 1994, 1995, 1996, and 1997 --
"(A) 40 percent shall be available for fixed guideway
modernization;
"(B) 40 percent shall be available for construction of new
fixed guideway systems and extensions to fixed guideway systems;
and
"(C) 20 percent shall be available for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities."; and
(2) by adding at the end the following new paragraph:
"(3) AREAS OTHER THAN URBANIZED AREAS. -- At least 5.5 percent
of the amounts available for grants and loans under subsection
(k)(1)(C) for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997
shall be available for areas other than urbanized areas.".
(e) BOND INTEREST ON ADVANCE CONSTRUCTION. -- Section 3(l)(2)(B) is
amended by striking "the excess of -- " and all that follows through the
period and inserting "the most favorable interest terms reasonably
available for the project at the time of borrowing. The applicant shall
certify, in a form satisfactory to the Secretary, that the applicant has
shown due diligence in seeking the most favorable financial terms.".
(f) "49 USC app. 1603" FEDERAL SHARE. -- Section 4(a) is amended --
(1) by striking "75 per centum" and inserting "80 percent";
and
(2) by inserting before the period at the end of the second
sentence the following: ", unless the recipient of the grant
requests a lower Federal grant percentage".
(g) LOCAL SHARE FOR CERTAIN PLANNED EXTENSIONS OF FIXED GUIDEWAY
SYSTEMS. -- Section 4(a) is amended by adding at the end the following
new sentence: "The remainder of the net project cost of a planned
extension to a fixed guideway system may include the cost of rolling
stock previously purchased if the applicant demonstrates to the
satisfaction of the Secretary that --
"(1) such purchase was made solely with non-Federal funds; and
"(2) such purchase was made for use on the extension.".
(h) "49 USC app. 1603" FISCAL CAPACITY CONSIDERATIONS. -- Section 4
is amended --
(1) by striking subsections (b), (c), (d), (e), (f), and (g)
and redesignating subsections (h) and (i) as subsections (b) and
(c), respectively; and
(2) by adding at the end the following new subsection:
"(d) FISCAL CAPACITY CONSIDERATIONS. -- If the Secretary gives
priority consideration to the funding of projects which include more
than the non-Federal share required by subsection (a), the Secretary
shall give equal consideration to differences in the fiscal capacity of
State and local governments.".
SEC. 3007. CAPITAL GRANTS; TECHNICAL AMENDMENT TO PROVIDE FOR EARLY
SYSTEMS WORK CONTRACTS AND FULL FUNDING GRANT AGREEMENTS.
Section 3(a)(4) "49 USC app. 1602" is amended --
(1) by inserting "(A)" after "(4)";
(2) in the fifth sentence by inserting "not less than" after
"complete";
(3) by adding after the sixth sentence the following:
"(B) The Secretary is authorized to enter into a full funding grant
agreement with an applicant, which agreement shall --
"(i) establish the terms and conditions of Federal financial
participation in a project under this section;
"(ii) establish the maximum amounts of Federal financial
assistance for such project;
"(iii) cover the period of time to completion of the project,
including any period that may extend beyond the period of any
authorization; and
"(iv) facilitate timely and efficient management of such
project in accordance with Federal law.
"(C) An agreement under subparagraph (B) shall obligate an amount of
available budget authority specified in law and may include a
commitment, contingent upon the future availability of budget authority,
to obligate an additional amount or additional amounts from future
available budget authority specified in law. The agreement shall
specify that the contingent commitment does not constitute an obligation
of the United States. The future availability of budget authority
referred to in the first sentence of this subparagraph shall be amounts
to be specified in law in advance for commitments entered into under
subparagraph (B). Any interest and other financing costs of efficiently
carrying out the project or a portion thereof within a reasonable period
of time shall be considered as a cost of carrying out the project under
a full funding grant agreement; except that eligible costs shall not be
greater than the costs of the most favorable financing terms reasonably
available for the project at the time of borrowing. The applicant shall
certify, in a form satisfactory to the Secretary, that the applicant has
shown due diligence in seeking the most favorable financing terms. The
total of amounts stipulated in a full funding grant agreement for a
fixed guideway project shall be sufficient to complete not less than an
operable segment.
"(D) The Secretary is authorized to enter into an early systems work
agreement with an applicant if a record of decision pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued on the project and the Secretary determines that there is
reason to believe --
"(i) a full funding grant agreement will be entered into for
the project; and
"(ii) the terms of the early systems work agreement will
promote ultimate completion of the project more rapidly and at
less cost.
The early systems work agreement shall obligate an amount of available
budget authority specified in law and shall provide for reimbursement of
preliminary costs of project implementation, including land acquisition,
timely procurement of system elements for which specifications are
determined, and other activities that the Secretary determines to be
appropriate to facilitate efficient, long-term project management. An
early systems work agreement shall cover such period of time as the
Secretary deems appropriate, which period may extend beyond the period
of current authorization. The interest and other financing costs of
carrying out the early systems work agreement efficiently and within a
reasonable period of time shall be considered as a cost of carrying out
the agreement; except that eligible costs shall not be greater than the
costs of the most favorable financing terms reasonably available for the
project at the time of borrowing. The applicant shall certify, in a
form satisfactory to the Secretary, that the applicant has shown due
diligence in seeking the most favorable financing terms. If an
applicant fails to implement the project for reasons within the
applicant's control, the applicant shall repay all Federal payments made
under the early systems work agreement plus such reasonable interest and
penalty charges as the Secretary may establish in the agreement.";
(4) by inserting "(E)" before "The total estimated" and
aligning subparagraph (E) with subparagraph (D);
(5) in the sentence that begins "The total estimated" --
(A) by inserting ", and contingent commitments to incur
obligations," after "Federal obligations";
(B) by inserting ", early systems work agreements, and full
funding grant agreements," after "all outstanding letters of
intent,"; and
(C) by inserting "or 50 percent of the uncommitted cash balance
remaining in the Mass Transit Account of the Highway Trust Fund,
including amounts received from taxes and interest earned in
excess of amounts that have been previously obligated, whichever
is greater" after "section 3 of this Act"; and
(6) in the sentence that begins "The total amount covered", by
inserting "and contingent commitments included in early systems
work agreements and full funding grant agreements" after "by new
letters issued,".
SEC. 3008. FIXED GUIDEWAY MODERNIZATION.
Section 3 "49 USC app. 1602" is amended by striking subsection (h)
and inserting the following new subsection:
"(h) FIXED GUIDEWAY MODERNIZATION APPORTIONMENTS. -- The Secretary
shall apportion the sums made available for fixed guideway modernization
under this section for each of fiscal years 1992, 1993, 1994, 1995,
1996, and 1997 as follows:
"(1) The first $455,000,000 made available shall be apportioned
for expenditure in the following urbanized areas according to the
following percentages:
"(A) Baltimore, 1.84 percent.
"(B) Boston, 8.56 percent.
"(C) Chicago/Northwest Indiana, 17.18 percent.
"(D) Cleveland, 2.09 percent.
"(E) New York, 35.57 percent.
"(F) Northeastern New Jersey, 9.04 percent.
"(G) Philadelphia/Southern New Jersey, 12.41 percent.
"(H) San Francisco, 7.21 percent.
"(I) Southwestern Connecticut, 6.10 percent.
"(2) The next $42,700,000 made available shall be apportioned
for expenditure in the following urbanized areas according to the
following percentages:
"(A) New York, 33.2341 percent.
"(B) Northeastern New Jersey, 22.1842 percent.
"(C) Philadelphia and Southern New Jersey, 5.7594 percent.
"(D) San Francisco, 2.7730 percent.
"(E) Pittsburgh, 31.9964 percent.
"(F) New Orleans, 4.0529 percent.
"(3) The next $70,000,000 made available shall be apportioned
for expenditure --
"(A) 50 percent in the urbanized areas listed in paragraphs (1)
and (2) according to the apportionment formula contained in
section 9(b)(2); and
"(B) 50 percent in other urbanized areas eligible for
assistance under section 9(b)(2) of this Act which contain a fixed
guideway system placed in revenue service not less than 7 years
prior to the fiscal year in which funds are made available and in
other urbanized areas which before the first day of the fiscal
year demonstrate to the satisfaction of the Secretary that the
urbanized area has modernization needs which cannot be adequately
met with amounts received under section 9(b)(2) according to the
apportionment formula contained in such section.
"(4) Any remaining amounts made available in a fiscal year
shall be apportioned for expenditure in each urbanized area
eligible for assistance under paragraphs (1), (2), and (3) in
accordance with the apportionment formula contained in section
9(b)(2).
"(5) In any fiscal year in which the full amounts authorized
under paragraphs (1) and (2) are not made available, the Secretary
shall reduce on a pro rata basis the apportionments of all
urbanized areas eligible under either paragraph to adjust for the
shortfall.
"(6) Notwithstanding any other provision of law, rail
modernization funds allocated to the New Jersey Transit
Corporation under this paragraph may be spent in any urbanized
area in which the New Jersey Transit Corporation operates rail
service regardless of the urbanized area which generates the
funding.".
SEC. 3009. BUS TESTING.
Section 3 "49 USC app. 1602" is amended by adding at the end the
following new subsection:
"(m) BUS TESTING. -- Of the amounts made available for replacement,
rehabilitation, and purchase of buses and related equipment and the
construction of bus related facilities by subsection (k)(1)(C), the
Secretary shall make available $1,500,000 in fiscal year 1992,
$2,000,000 in fiscal year 1993, the lesser of $2,000,000 or an amount
the Secretary determines to be necessary per fiscal year in each of
fiscal years 1994, 1995, and 1996, and the lesser of $3,000,000 or an
amount the Secretary determines to be necessary in fiscal year 1997.
Such amounts shall be available to the Secretary to pay 80 percent of
the cost of testing a vehicle at the facility established under section
317 of the Surface Transportation and Uniform Relocation Assistance Act
of 1987 (49 U.S.C. App. 1608). The Secretary shall make such payments
by contract with the operator of the facility. The remaining 20 percent
of the cost of testing a vehicle shall be paid to the operator of the
facility by the entity having the vehicle tested.".
SEC. 3010. CRITERIA FOR NEW STARTS.
Section 3(i) is amended to read as follows:
"(i) NEW START CRITERIA. --
"(1) DETERMINATIONS. -- A grant or loan for construction of a
new fixed guideway system or extension of any fixed guideway
system may not be made under this section unless the Secretary
determines that the proposed project --
"(A) is based on the results of an alternatives analysis and
preliminary engineering;
"(B) is justified based on a comprehensive review of its
mobility improvements, environmental benefits, cost effectiveness,
and operating efficiencies; and
"(C) is supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable funding
sources to construct, maintain, and operate the system or
extension.
"(2) CONSIDERATIONS. -- In making determinations under this
subsection, the Secretary --
"(A) shall consider the direct and indirect costs of relevant
alternatives;
"(B) shall account for costs related to such factors as
congestion relief, improved mobility, air pollution, noise
pollution, congestion, energy consumption, and all associated
ancillary and mitigation costs necessary to implement each
alternative analyzed; and
"(C) shall identify and consider transit supportive existing
land use policies and future patterns, and consider other factors
including the degree to which the project increases the mobility
of the transit dependent population or promotes economic
development, and other factors that the Secretary deems
appropriate to carry out the purposes of this Act.
"(3) GUIDELINES. --
"(A) IN GENERAL. -- The Secretary shall issue guidelines that
set forth the means by which the Secretary shall evaluate results
of alternatives analysis, project justification, and degree of
local financial commitment for the purposes of paragraph (1).
"(B) PROJECT JUSTIFICATION. -- Project justification criteria
shall be adjusted to reflect differences in local land costs,
construction costs, and operating costs.
"(C) FINANCIAL COMMITMENT. -- The degree of local financial
commitment shall be considered acceptable only if --
"(i) the proposed project plan provides for the availability of
contingency funds that the Secretary determines to be reasonable
to cover unanticipated cost overruns;
"(ii) each proposed local source of capital and operating
funding is stable, reliable, and available within the proposed
project timetable; and
"(iii) local resources are available to operate the overall
proposed transit system (including essential feeder bus and other
services necessary to achieve the projected ridership levels)
without requiring a reduction in existing transit services in
order to operate the proposed project.
"(D) STABILITY ASSESSMENT. -- In assessing the stability,
reliability, and availability of proposed sources of local
funding, the Secretary shall consider --
"(i) existing grant commitments;
"(ii) the degree to which funding sources are dedicated to the
purposes proposed; and
"(iii) any debt obligations which exist or are proposed by the
recipient for the proposed project or other transit purposes.
"(4) PROJECT ADVANCEMENT. -- No project shall be advanced from
alternatives analysis to preliminary engineering unless the
Secretary finds that the proposed project meets the requirements
of this section and there is a reasonable chance that the project
will continue to meet these requirements at the conclusion of
preliminary engineering.
"(5) EXCEPTIONS. --
"(A) IN GENERAL. -- A new fixed guideway system or extension
shall not be subject to the requirements of this subsection and
the simultaneous evaluation of such projects in more than one
corridor in a metropolitan area shall not be limited if (i) the
project is located within an extreme or severe nonattainment area
and is a transportation control measure, as defined by the Clean
Air Act, that is required to carry out an approved State
Implementation Plan, or (ii) assistance provided under this
section accounts for less than $25,000,000 or less than 1/3 of the
total cost of the project or an appropriate program of projects as
determined by the Secretary.
"(B) EXPEDITED PROCEDURES. -- In the case of a project that is
(i) located within a nonattainment area that is not an extreme or
severe nonattaiment area, (ii) a transportation control measure,
as defined in the Clean Air Act, and (iii) required to carry out
an approved State Implementation Plan, the simultaneous evaluation
of projects in more than one corridor in a metropolitan area shall
not be limited and the Secretary shall make determinations under
this subsection with expedited procedures that will promote timely
implementation of the State Implementation Plan.
"(C) EXCLUSION FOR CERTAIN PROJECTS. -- That portion of a
project (including any commuter rail service project on an
existing right-of-way) financed entirely with highway funds made
available under the Federal-Air Highway Act of 1991 shall not be
subject to the requirements of this subsection.
"(6) PROJECT IMPLEMENTATION. -- A project funded pursuant to
this subsection shall be implemented by means of a full funding
grant agreement.".
SEC. 3011. ASSURED TIMETABLE FOR PROJECT REVIEW.
(a) IN GENERAL. -- Section 3(a) "49 USC app. 1602" is amended by
striking paragraph (6) and inserting the following new paragraphs:
"(6) ASSURED TIMETABLE FOR PROJECTS IN ALTERNATIVES ANALYSIS,
PRELIMINARY ENGINEERING, OR FINAL DESIGN STAGES. --
"(A) ALTERNATIVES ANALYSIS STAGE. -- For any new fixed
guideway project that the Secretary permits to advance into the
alternatives analysis stage of project review, the Secretary shall
cooperate with the applicant in alternatives analysis and in
preparation of a draft environmental impact statement, and shall
approve the draft environmental impact statement for circulation
not later than 45 days after the date on which such draft is
submitted to the Secretary by the applicant.
"(B) PRELIMINARY ENGINEERING STAGE. -- Following circulation
of the draft environmental impact statement and not later than 30
days after selection by the applicant of a locally preferred
alternative, the Secretary shall permit the project to advance to
the preliminary engineering phase if the Secretary finds the
project is consistent with the criteria set forth in subsection
(i).
"(C) FINAL DESIGN STAGE. -- The Secretary shall issue a record
of decision and permit a project to advance to the final design
stage of construction not later than 120 days after the date of
completion of the final environmental impact statement for such
project.
"(D) FULL FUNDING GRANT AGREEMENT. -- The Secretary shall
negotiate and enter into a full funding grant agreement for a
project not later than 120 days after the date on which such
project has entered the final design stage of construction. Such
full funding grant agreement shall provide for a Federal share of
the cost of construction that is not less than the Federal share
estimated in the Secretary's most recent report required under
section 3(j) or an update thereof unless otherwise requested by an
applicant.
"(7) PERMITTED DELAYS IN PROJECT REVIEW. --
"(A) IN GENERAL. -- Advancement of a project under the
timetables specified under paragraph (6) shall be delayed only --
"(i) for such period of time as the applicant, solely at the
applicant's discretion, may request; or
"(ii) during such period of time as the Secretary finds, after
reasonable notice and opportunity for comment, that the applicant
has failed, for reasons solely attributable to the applicant, to
comply substantially with requirements of this Act with respect to
the project.
"(B) EXPLANATION OF DELAY. -- Not more than 10 days after
imposing any delay under subparagraph (A)(ii), the Secretary shall
provide the applicant with a written statement that (i) explains
the reasons for such delay, and (ii) describes all steps which the
applicant must take to end the period of delay.
"(C) REPORTS. -- The Secretary shall report, not less
frequently than once every 6 months, to the Committee on Public
Works and Transportation of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs of the Senate in
any case in which the Secretary --
"(i) fails to meet a deadline established by paragraph (6); or
"(ii) delays the application of a deadline under subparagraph
(A)(ii).
Such report shall explain the reasons for the delay and include
a plan for achieving timely completion of the Secretary's review
of the project.
"(8) TREATMENT OF PROGRAMS OF INTERRELATED PROJECTS. --
"(A) FULL FUNDING GRANT AGREEMENT. -- In accordance with the
timetables established by paragraph (6) or as otherwise provided
by law, the Secretary shall enter into 1 or more full funding
grant agreements for each program of interrelated projects
described in subparagraph (C). Such full funding grant agreements
shall include commitments to advance each of the applicant's
program elements (in the program of interrelated projects) through
the appropriate stages of project review in accordance with the
timetables established by paragraph (6) or as otherwise provided
for a project by law, and to provide Federal funding for each such
program element. Such full funding grant agreements may also be
amended, if appropriate, to include design and construction of
particular program elements. Inclusion of a nonfederally funded
program element in a program of interrelated projects shall not be
construed as imposing Federal requirements which would not
otherwise apply to such program element.
"(B) CONSIDERATIONS. -- When reviewing any project in a
program of interrelated projects, the Secretary shall consider the
local financial commitment, transportation effectiveness, and
other assessment factors of all program elements to the extent
that such consideration expedites project implementation.
"(C) PROGRAMS OF INTERRELATED PROJECTS. -- For the purposes of
this paragraph, programs of interrelated projects shall include
the following:
"(i) The New Jersey Urban Core Project as defined by the
Federal Transit Act Amendments of 1991.
"(ii) The San Francisco Bay Area Rail Extension Program, which
consists of not less than the following elements: an extension of
the San Francisco Bay Area Rapid Transit District to the San
Francisco International Airport (Phase 1a to Colma and Phase 1b to
San Francisco Airport), the Santa Clara County Transit District
Tasman Corridor Project, and any other program element designated
by any modification to Metropolitan Transportation Commission
Resolution No. 1876, as well as program elements financed entirely
with non-Federal funds, including the BART Warm Springs Extension,
Dublin Extension, and West Pittsburg Extension.
"(iii) The Los Angeles Metro Rail Minimum Operable Segment-3
Program, which consists of 7 stations and approximately 11.6 miles
of heavy rail subway on the following lines:
"(I) 1 line running west and northwest from the Hollywood/Vine
station to the North Hollywood station, with 2 intermediate
stations;
"(II) 1 line running west from the Wilshire/Western station to
the Pico/San Vicente station, with 1 intermediate station; and
"(III) the East Side Extension, consisting of an initial line
of approximately 3 miles in length, with at least 2 stations,
beginning at Union Station and running generally east.
"(iv) The Baltimore-Washington Transportation Improvements
Program, which consists of the following elements: 3 extensions
of the Baltimore Light Rail to Hunt Valley, Penn Station and
Baltimore-Washington Airport; MARC extensions to Frederick and
Waldorf, Maryland; and an extension of the Washington Subway
system to Largo, Maryland.
"(v) The Tri-County Metropolitan Transportation District of
Oregon Westside Light Rail Program, which consists of the
following elements: the locally preferred alternative for the
Westside Light Rail Project, including system related costs, set
forth in Public Law 101-516 and as defined in House Report
101-584; and the Hillsboro extension to the Westside Light Rail
Project as set forth in Public Law 101-516.
"(vi) The Queens Local/Express Connector Program which consists
of the following elements: the locally preferred alternative for
the connection of the 63rd Street tunnel extension to the Queens
Boulevard lines; the bell-mouth portion of the connector which
would allow for future access by both commuter rail trains and
other subway lines to the 63rd Street tunnel extension; planning
elements for connecting both upper and lower level to commuter and
subway lines in Long Island City; and planning elements for
providing a connector for commuter rail service to the East side
of Manhattan and subway lines to the proposed Second Avenue
subway.
"(vii) The Dallas Area Rapid Transit Authority light rail
elements of the New System Plan, which consists of the following
elements: the locally preferred alternative for the South Oak
Cliff corridor; the South Oak Cliff corridor extension-Camp
Wisdom; the West Oak Cliff corridor-Westmoreland; the North
Central corridor-Park Lane; the North Central
corridor-Richardson, Plano and Garland extensions; the Pleasant
Grove corridor-Buckner; and the Carrollton corridor-Farmers
Branch and Las Colinas terminal.
"(viii) Such other programs as may be designated in law or by
the Secretary.".
(b) "49 USC app. 1602 note" TRANSITIONAL PROVISION. -- In the case
of a project (including programs of interrelated projects) that, as of
the date of enactment of this Act, has reached a particular stage of
project review under section 3(a)(6) of the Federal Transit Act, the
timetables applicable to subsequent stages of project review contained
in such section shall take effect on the date of enactment of this Act.
SEC. 3012. METROPOLITAN PLANNING.
The Act is amended by striking section 8 and inserting the following
new section:
"SEC. 8. "49 USC app. 1607" METROPOLITAN PLANNING.
"(a) GENERAL REQUIREMENTS. -- It is in the national interest to
encourage and promote the development of transportation systems
embracing various modes of transportation in a manner which will
efficiently maximize mobility of people and goods within and through
urbanized areas and minimize transportation-related fuel consumption and
air pollution. To accomplish this objective, metropolitan planning
organizations, in cooperation with the State, shall develop
transportation plans and programs for urbanized areas of the State.
Such plans and programs shall provide for the development of
transportation facilities (including pedestrian walkways and bicycle
transportation facilities) which will function as an intermodal
transportation system for the State, the metropolitan areas, and the
Nation. The process for developing such plans and programs shall
provide for consideration of all modes of transportation and shall be
continuing, cooperative, and comprehensive to the degree appropriate,
based on the complexity of the transportation problems.
"(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS. --
"(1) IN GENERAL. -- To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area of more
than 50,000 population by agreement among the Governor and units
of general purpose local government which together represent at
least 75 percent of the affected population (including the central
city or cities as defined by the Bureau of the Census) or in
accordance with procedures established by applicable State or
local law.
"(2) MEMBERSHIP OF CERTAIN MPO'S. -- In a metropolitan area
designated as a transportation management area, the metropolitan
planning organization designated for such area shall include local
elected officials, officials of agencies which administer or
operate major modes of transportation in the metropolitan area
(including all transportation agencies included in the
metropolitan planning organization on June 1, 1991) and
appropriate State officials. This paragraph shall only apply to a
metropolitan planning organization which is redesignated after the
date of the enactment of this section.
"(3) LIMITATION ON STATUTORY CONSTRUCTION. -- Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on the date of the enactment of this
section, of a public agency with multimodal transportation
responsibilities to --
"(A) develop plans and programs for adoption by a metropolitan
planning organization; and
"(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities pursuant to
State law.
"(4) CONTINUING DESIGNATION. -- Designations of metropolitan
planning organizations, whether made under this section or other
provisions of law, shall remain in effect until redesignated under
paragraph (5) or revoked by agreement among the Governor and units
of general purpose local government which together represent at
least 75 percent of the affected population or as otherwise
provided under State or local procedures.
"(5) REDESIGNATION. --
"(A) PROCEDURES. -- A metropolitan planning organization may
be redesignated by agreement among the Governor and units of
general purpose local government which together represent at least
75 percent of the affected population (including the central city
or cities as defined by the Bureau of the Census) as appropriate
to carry out this section.
"(B) CERTAIN REQUESTS TO REDESIGNATE. -- A metropolitan
planning organization shall be redesignated upon request of a unit
or units of general purpose local government representing at least
25 percent of the affected population (including the central city
or cities as defined by the Bureau of the Census) in any urbanized
area (i) whose population is more than 5,000,000 but less than
10,000,000, or (ii) which is an extreme nonattainment area for
ozone or carbon monoxide as defined under the Clean Air Act. Such
redesignation shall be accomplished using procedures established
by subparagraph (A).
"(6) TREATMENT OF LARGE URBAN AREAS. -- More than 1
metropolitan planning organization may be designated within an
urbanized area as defined by the Bureau of the Census only if the
Governor determines that the size and complexity of the urbanized
area make designation of more than 1 metropolitan planning
organization for such area appropriate.
"(c) METROPOLITAN AREA BOUNDARIES. -- For the purposes of this
section, the boundaries of a metropolitan area shall be determined by
agreement between the metropolitan planning organization and the
Governor. Each metropolitan area shall cover at least the existing
urbanized area and the contiguous area expected to become urbanized
within the 20-year forecast period and may encompass the entire
Metropolitan Statistical Area or Consolidated Metropolitan Statistical
Area, as defined by the Bureau of the Census. For areas designated as
nonattainment areas for ozone or carbon monoxide under the Clean Air
Act, the boundaries of the metropolitan area shall at least include the
boundaries of the nonattainment area, except as otherwise provided by
agreement between the metropolitan planning organization and the
Governor.
"(d) COORDINATION IN MULTI-STATE AREAS. --
"(1) IN GENERAL. -- The Secretary shall establish such
requirements as the Secretary considers appropriate to encourage
Governors and metropolitan planning organizations with
responsibility for a portion of a multi-State metropolitan area to
provide coordinated transportation planning for the entire
metropolitan area.
"(2) COMPACTS. -- The consent of Congress is hereby given to
any 2 or more States to enter into agreements or compacts, not in
conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities authorized
under this section as such activities pertain to interstate areas
and localities within such States and to establish such agencies,
joint or otherwise, as such States may deem desirable for making
such agreements and compacts effective.
"(e) COORDINATION OF MPO'S. -- If more than 1 metropolitan planning
organization has authority within a metropolitan area or an area which
is designated as a nonattainment area for ozone or carbon monoxide under
the Clean Air Act, each metropolitan planning organization shall consult
with the other metropolitan planning organizations designated for such
area and the State in the coordination of plans and programs required by
this section.
"(f) FACTORS TO BE CONSIDERED. -- In developing transportation plans
and programs pursuant to this section, each metropolitan planning
organization shall, at a minimum, consider the following:
"(1) Preservation of existing transportation facilities and,
where practical, ways to meet transportation needs by using
existing transportation facilities more efficiently.
"(2) The consistency of transportation planning with applicable
Federal, State, and local energy conservation programs, goals, and
objectives.
"(3) The need to relieve congestion and prevent congestion from
occurring where it does not yet occur.
"(4) The likely effect of transportation policy decisions on
land use and development and the consistency of transportation
plans and programs with the provisions of all applicable short-
and long-term land use and development plans.
"(5) The programming of expenditure on transportation
enhancement activities as required in section 133.
"(6) The effects of all transportation projects to be
undertaken within the metropolitan area, without regard to whether
such projects are publicly funded.
"(7) International border crossings and access to ports,
airports, intermodal transportation facilities, major freight
distribution routes, national parks, recreation areas, monuments
and historic sites, and military installations.
"(8) The need for connectivity of roads within the metropolitan
area with roads outside the metropolitan area.
"(9) The transportation needs identified through use of the
management systems required by section 303 of this title.
"(10) Preservation of rights-of-way for construction of future
transportation projects, including identification of unused
rights-of-way which may be needed for future transportation
corridors and identification of those corridors for which action
is most needed to prevent destruction or loss.
"(11) Methods to enhance the efficient movement of freight.
"(12) The use of life-cycle costs in the design and engineering
of bridges, tunnels, or pavement.
"(13) The overall social, economic, energy, and environmental
effects of transportation decisions.
"(14) Methods to expand and enhance transit services and to
increase the use of such services.
"(15) Capital investments that would result in increased
security in transit systems.
"(g) DEVELOPMENT OF LONG RANGE PLAN. --
"(1) IN GENERAL. -- Each metropolitan planning organization
shall prepare, and update periodically, according to a schedule
that the Secretary determines to be appropriate, a long range plan
for its metropolitan area in accordance with the requirements of
this subsection.
"(2) LONG RANGE PLAN. -- A long range plan under this section
shall be in a form that the Secretary determines to be appropriate
and shall, at a minimum:
"(A) Identify transportation facilities (including but not
necessarily limited to major roadways, transit, and multimodal and
intermodal facilities) that should function as an integrated
metropolitan transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the long range plan, the
metropolitan planning organization shall consider factors
described in subsection (f) as such factors relate to a 20-year
forecast period.
"(B) Include a financial plan that demonstrates how the
long-range plan can be implemented, indicates resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommends any innovative
financing techniques to finance needed projects and programs,
including such techniques as value capture, tolls and congestion
pricing.
"(C) Assess capital investment and other measures necessary to
--
"(i) ensure the preservation of the existing metropolitan
transportation system, including requirements for operational
improvements, resurfacing, restoration, and rehabilitation of
existing and future major roadways, as well as operations,
maintenance, modernization, and rehabilitation of existing and
future transit facilities; and
"(ii) make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the
mobility of people and goods.
"(D) Indicate as appropriate proposed transportation
enhancement activities.
"(3) COORDINATION WITH CLEAN AIR ACT AGENCIES. -- In
metropolitan areas which are in nonattainment for ozone or carbon
monoxide under the Clean Air Act, the metropolitan planning
organization shall coordinate the development of a long range plan
with the process for development of the transportation control
measures of the State Implementation Plan required by the Clean
Air Act.
"(4) PARTICIPATION BY INTERESTED PARTIES. -- Before approving
a long range plan, each metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with a reasonable
opportunity to comment on the long range plan, in a manner that
the Secretary deems appropriate.
"(5) PUBLICATION OF LONG RANGE PLAN. -- Each long range plan
prepared by a metropolitan planning organization shall be --
"(i) published or otherwise made readily available for public
review; and
"(ii) submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
"(h) TRANSPORTATION IMPROVEMENT PROGRAM. --
"(1) DEVELOPMENT. -- The metropolitan planning organization
designated for a metropolitan area, in cooperation with the State
and affected transit operators, shall develop a transportation
improvement program for the area for which such organization is
designated. In developing the program, the metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of transportation agency employees, other affected
employee representatives, private providers of transportation, and
other interested parties with a reasonable opportunity to comment
on the proposed program. The program shall be updated at least
once every 2 years and shall be approved by the metropolitan
planning organization and the Governor.
"(2) PRIORITY OF PROJECTS. -- The transportation improvement
program shall include the following:
"(A) A priority list of projects and project segments to be
carried out within each 3-year period after the initial adoption
of the transportation improvement program.
"(B) A financial plan that demonstrates how the transportation
improvement program can be implemented, indicates resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommends any innovative
financing techniques to finance needed projects and programs,
including value capture, tolls, and congestion pricing.
"(3) SELECTION OF PROJECTS. -- Except as otherwise provided in
subsection (i)(4), project selection in metropolitan areas for
projects involving Federal participation shall be carried out by
the State in cooperation with the metropolitan planning
organization and shall be in conformance with the transportation
improvement program for the area.
"(4) MAJOR CAPITAL INVESTMENTS. -- Not later than 6 months
after the date of enactment of this section, the Secretary shall
initiate a rulemaking proceeding to conform review requirements
for transit projects under the National Environmental Policy Act
of 1969 to comparable requirements under such Act applicable to
highway projects. Nothing in this section shall be construed to
affect the applicability of such Act to transit or highway
projects.
"(5) INCLUDED PROJECTS. -- A transportation improvement
program for a metropolitan area developed under this subsection
shall include projects within the area which are proposed for
funding under this title and the Federal Transit Act and which are
consistent with the long range plan developed under subsection (g)
for the area. The program shall include a project, or an
identified phase of a project, only if full funding can reasonably
be anticipated to be available for the project within the time
period contemplated for completion of the project.
"(6) NOTICE AND COMMENT. -- Before approving a transportation
improvement program, a metropolitan planning organization shall
provide citizens, affected public agencies, representatives of
transportation agency employees, private providers of
transportation, and other interested parties with reasonable
notice of and an opportunity to comment on the proposed program.
"(i) TRANSPORTATION MANAGEMENT AREAS. --
"(1) DESIGNATION. -- The Secretary shall designate as
transportation management areas all urbanized areas over 200,000
population. The Secretary shall designate any additional area as
a transportation management area upon the request of the Governor
and the metropolitan planning organization designated for such
area or the affected local officials. Such additional areas shall
include upon such a request the Lake Tahoe Basin as defined by
Public Law 96-551.
"(2) TRANSPORTATION PLANS AND PROGRAMS. -- Within a
transportation management area, transportation plans and programs
shall be based on a continuing and comprehensive transportation
planning process carried out by the metropolitan planning
organization in cooperation with the State and transit operators.
"(3) CONGESTION MANAGEMENT SYSTEM. -- Within a transportation
management area, the transportation planning process under this
section shall include a congestion management system that provides
for effective management of new and existing transportation
facilities eligible for funding under this title and the Federal
Transit Act through the use of travel demand reduction and
operational management strategies. The Secretary shall establish
an appropriate phase-in schedule for compliance with the
requirements of this section.
"(4) SELECTION OF PROJECTS. -- All projects carried out within
the boundaries of a transportation management area with Federal
participation pursuant to this title (excluding projects
undertaken on the National Highway System and pursuant to the
Bridge and Interstate Maintenance programs) or pursuant to the
Federal Transit Act shall be selected by the metropolitan planning
organization designated for such area in consultation with the
State and in conformance with the transportation improvement
program for such area and priorities established therein.
Projects undertaken within the boundaries of a transportation
management area on the National Highway System or pursuant to the
Bridge and Interstate Maintenance programs shall be selected by
the State in cooperation with the metropolitan planning
organization designated for such area and shall be in conformance
with the transportation improvement program for such area.
"(5) CERTIFICATION. -- The Secretary shall assure that each
metropolitan planning organization in each transportation
management area is carrying out its responsibilities under
applicable provisions of Federal law, and shall so certify at
least once every 3 years. The Secretary may make such
certification only if (1) a metropolitan planning organization is
complying with the requirements of section 134 and other
applicable requirements of Federal law, and (2) there is a
transportation improvement program for the area that has been
approved by the metropolitan planning organization and the
Governor. If after September 30, 1993, a metropolitan planning
organization is not certified by the Secretary, the Secretary may
withhold, in whole or in part, the apportionment under section
104(b)(3) attributed to the relevant metropolitan area pursuant to
section 133(d)(3) and capital funds apportioned under the formula
provided under section 9 of the Federal Transit Act. If a
metropolitan planning organization remains uncertified for more
than 2 consecutive years after September 30, 1994, 20 percent of
the apportionment attributed to that metropolitan area under
section 133(d)(3) and capital funds apportioned under the formula
program under section 9 of the Federal Transit Act shall be
withheld. The withheld apportionments shall be restored to the
metropolitan area at such time as the metropolitan planning
organization is certified by the Secretary. The Secretary shall
not withhold certification under this section based upon the
policies and criteria established by a metropolitan planning
organization or transit grant recipient for determining the
feasibility of private enterprise participation in accordance with
section 8(o) of the Federal Transit Act.
"(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS. -- For
metropolitan areas not designated as transportation management areas
under this section, the Secretary may provide for the development of
abbreviated metropolitan transportation plans and programs that the
Secretary determines to be appropriate to achieve the purposes of this
section, taking into account the complexity of transportation problems,
including transportation related air quality problems, in such areas.
In no event shall the Secretary provide abbreviated plans or programs
for metropolitan areas which are in nonattainment for ozone or carbon
monoxide under the Clean Air Act.
"(k) TRANSFER OF FUNDS. -- Funds made available for a transit
project under title 23, United States Code, shall be transferred to and
administered by the Secretary in accordance with the requirements of
this Act. Funds made available for a highway project under this Act
shall be transferred to and administered by the Secretary in accordance
with the requirements of title 23, United States Code.
"(l) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS. --
Notwithstanding any other provisions of this Act or title 23, United
States Code, for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to the Clean Air
Act, Federal funds may not be programmed in such area for any transit
project that will result in a significant increase in carrying capacity
for single occupant vehicles unless the project is part of an approved
congestion management system.
"(m) LIMITATION ON STATUTORY CONSTRUCTION. -- Nothing in this
section shall be construed --
"(1) to confer on a metropolitan planning organization the
authority to impose legal requirements on any transportation
facility, provider, or project not eligible under this title or
the Federal Transit Act; or
"(2) to intervene in the management of a transportation agency.
"(n) GRANTS. --
"(1) ELIGIBILITY. -- The Secretary is authorized to contract
for and make grants to States and local public bodies and agencies
thereof, or enter into agreements with other Federal departments
and agencies, for the planning, engineering, design, and
evaluation of public transportation projects, and for other
technical studies. Activities assisted under this section may
include --
"(A) studies relating to management, operations, capital
requirements, and economic feasibility;
"(B) evaluation of previously funded projects; and
"(C) other similar or related activities preliminary to and in
preparation for the construction, acquisition, or improved
operation of facilities and equipment.
"(2) CRITERIA. -- A grant, contract, or working agreement
under this section shall be made in accordance with criteria
established by the Secretary.
"(o) PRIVATE ENTERPRISE. -- The plans and programs required by this
section shall encourage to the maximum extent feasible the participation
of private enterprise. Where facilities and equipment are to be
acquired which are already being used in service in the urban areas, the
program must provide that they shall be so improved (through
modernization, extension, addition, or otherwise) that they will better
serve the transportation needs of the area.
"(p) USE FOR COMPREHENSIVE PLANNING. --
"(1) IN GENERAL. -- The Secretary shall ensure, to the extent
practicable, that amounts made available under section 21(c)(1)
for the purposes of this section are used to support balanced and
comprehensive transportation planning that takes into account the
relationships among land use and all transportation modes, without
regard to the programmatic source of the planning funds.
"(2) FORMULA ALLOCATION TO ALL METROPOLITAN AREAS. -- The
Secretary shall apportion 80 percent of the amount made available
under section 21(c)(1) to States in the ratio that the population
in urbanized areas, in each State, bears to the total population
in urbanized areas, in all the States as shown by the latest
available decennial census, except that no State shall receive
less than 1/2 of 1 percent of the amount apportioned under this
paragraph. Such funds shall be allocated to metropolitan planning
organizations designated under section 8 by a formula, developed
by the State in cooperation with metropolitan planning
organizations and approved by the Secretary, that considers
population in urbanized areas and provides an appropriate
distribution for urbanized areas to carry out the cooperative
processes described in section 8 of this Act. The State shall
make such funds available promptly to eligible metropolitan
planning organizations according to procedures approved by the
Secretary.
"(3) SUPPLEMENTAL ALLOCATION. -- The Secretary shall apportion
20 percent of the amounts made available under section 21(c)(1) to
States to supplement allocations under subparagraph (B) for
metropolitan planning organizations. Such funds shall be
allocated according to a formula that reflects the additional
costs of carrying out planning, programming, and project selection
responsibilities under this section in such areas.
"(4) HOLD HARMLESS. -- The Secretary shall ensure, to the
maximum extent practicable, that no metropolitan planning
organization is allocated less than the amount it received by
administrative formula under section 8 in fiscal year 1991. To
comply with the previous sentence, the Secretary is authorized to
make a pro rata reduction in other amounts made available to carry
out section 21(c).
"(5) FEDERAL SHARE PAYABLE. -- The Federal share payable for
activities under this paragraph shall be 80 percent except where
the Secretary determines that it is in the Federal interest not to
require a State or local match.".
SEC. 3013. BLOCK GRANT PROGRAM.
(a) "49 USC app. 1607a" ALLOCATIONS. -- Section 9(a) is amended --
(1) in paragraph (1), by striking "Of the amount" and all that
follows through the period and inserting the following: "Of the
amounts made available or appropriated under section 21(g), 9.32
percent shall be available for expenditure under this section in
each fiscal year only in urbanized areas with a population of less
than 200,000."; and
(2) in paragraph (2), by striking "Of the amount" and all that
follows through the period and inserting the following: "Of the
amounts made available or appropriated under section 21(g), 90.68
percent shall be available for expenditure under this section in
each fiscal year only in urbanized areas with a population of
200,000 or more.".
(b) ENERGY AND OPERATING EFFICIENCIES. -- Section 9(b) is amended by
adding at the end the following new paragraph:
"(4) ENERGY AND OPERATING EFFICIENCIES. -- If a recipient
under this section demonstrates to the satisfaction of the
Secretary that energy or operating efficiencies would be achieved
by actions that reduce revenue vehicle miles but provide the same
frequency of revenue service to the same number of riders, the
recipient's apportionment under paragraph (2)(A) shall not be
reduced as a result of such actions.".
(c) EXTENSION OF SAFETY AUTHORITY TO BLOCK GRANT PROGRAM. -- Section
9(e)(1) is amended by striking "and 19" and inserting "19, and 22".
(d) ANNUAL SUBMISSIONS. -- Section 9(e)(2) is amended by inserting
after the first sentence the following new sentences: "Such
certifications and any additional certifications required by law to be
submitted to the Secretary may be consolidated into a single document to
be submitted annually as part of the grant application under this
section. The Secretary shall annually publish in conjunction with the
publication required under subsection (q) a list of all certifications
required under this Act.".
(e) STREAMLINED PROCEDURES. -- Section 9(e) is amended by adding at
the end the following new paragraph:
"(6) STREAMLINED ADMINISTRATIVE PROCEDURES. -- The Secretary
shall establish streamlined administrative procedures to govern
compliance with the certification requirement under paragraph
(3)(B) with respect to track and signal equipment used in ongoing
operations.".
(f) TRANSIT SECURITY SYSTEMS. -- Section 9(e)(3) is amended --
(1) in subparagraph (G) by striking "; and" and inserting a
semicolon;
(2) in subparagraph (H) by striking the period at the end and
inserting "; and"; and
(3) by adding at the end the following:
"(I)(i) will expend for each fiscal year not less than 1
percent of the funds received by the recipient for each fiscal
year under this section for transit security projects; or
"(ii) that such expenditures for such security systems are not
necessary.
For the purposes of subparagraph (I), transit security projects may
include increasing lighting within or adjacent to transit systems,
including bus stops, subway stations, parking lots, and garages;
increasing camera surveillance of areas within and adjacent to such
systems; providing emergency telephone lines to contact law enforcement
or security personnel in areas within or adjacent to such systems; and
any other project intended to increase the security and safety of
existing or planned transit systems.".
(g) "49 USC app. 1607a" PROGRAM OF PROJECTS. -- Section 9(f) is
amended --
(1) by striking "and" at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting "; and"; and
(3) by inserting after paragraph (4) the following:
"(5) assure that the proposed program of projects provides for
the coordination of transit services assisted under this section
with transportation services assisted from other Federal
sources.".
(h) DISCRETIONARY TRANSFER OF APPORTIONMENT. -- Section 9 is amended
--
(1) in subsection (j)(1), by inserting after the first sentence
the following: "In a transportation management area designated
pursuant to section 8, funds which cannot be used for payment of
operating expenses under this section also shall be available for
highway projects if --
"(A) such use is approved by the metropolitan planning
organization in accordance with section 8 after appropriate notice
and opportunity for comment and appeal is provided to affected
transit providers; and
"(B) in the determination of the Secretary, such funds are not
needed for investments required by the Americans with Disabilities
Act of 1990."; and
(2) by adding at the end of subsection (j) the following new
paragraph:
"(3) Funds under this section may be available for highway projects
under title 23, United States Code, only if funds used for the State or
local share of such highway projects are eligible to fund either highway
or transit projects.".
(i) INFLATION ADJUSTMENT FOR OPERATING ASSISTANCE. -- Section
9(k)(2)(B) is amended --
(1) by striking "1988," and inserting "1991,";
(2) by striking "of less than 200,000 population" the first
place it appears; and
(3) by inserting after "calendar year" the following: ";
except that such increase may not exceed the percentage increase
of the funds made available under section 21(g) in the current
fiscal year and the funds made available under section 21(g) in
the previous fiscal year".
(j) FERRY ROUTES. -- Section 9 is amended by adding at the end the
following new subsections:
"(r) FERRY SERVICES. -- A vessel used in ferryboat operations funded
under this section that is part of a State-operated ferry system may
occasionally be operated outside of the urbanized area in which service
is provided to accommodate periodic maintenance if existing ferry
service is not thereby significantly reduced.
"(s) GRANDFATHER OF CERTAIN URBANIZED AREAS. -- Any area designated
as an urbanized area under the 1980 census which is not so designated
under the 1990 census --
"(1) for fiscal year 1992, shall be treated as an urbanized
area for purposes of section 12(c)(11) of the Federal Transit Act;
and
"(2) for fiscal year 1993, shall be eligible to receive 50
percent of the funds which the area would have received if the
area were treated as an urbanized area for purposes of such
section 12(c)(11) and an amount equal to 50 percent of the funds
which the State in which the area is located would have received
if the area were treated as an area other than an urbanized
area.".
(k) ADJUSTMENTS OF APPORTIONMENTS. -- Section 9 "49 USC app. 1607a"
is amended by adding at the end the following new subsection:
"(t) ADJUSTMENTS OF APPORTIONMENTS. -- Provided that sufficient
funds are available, in each fiscal year beginning after September 30,
1991, the Secretary shall adjust apportionments under this section
between the Mass Transit Account of the Highway Trust Fund and the
general fund of the Treasury to assure that each recipient receives from
the general fund of the Treasury not less than the amount of operating
assistance made available each fiscal year under this section that such
recipient is eligible to receive.".
SEC. 3014. CONTINUED ASSISTANCE FOR COMMUTER RAIL IN SOUTHERN
FLORIDA UNDER SECTION 9 PROGRAM.
Section 329 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (49 U.S.C. 1607a) is amended --
(1) in the first sentence by striking "in which major onsite"
and all that follows before the period; and
(2) in the second sentence by striking "provided as" and all
that follows before the period.
SEC. 3015. REPEAL OF EXPIRED PROVISION.
Section 9A, "49 USC app. 1607a-1" relating to Mass Transit Account
distribution for fiscal year 1983, is repealed.
SEC. 3016. TRANSIT DEFINITION.
Section 12(c)(7) "49 USC app. 1608" is amended --
(1) by striking "term" and inserting "terms"; and
(2) by striking "means" and inserting "and 'transit' mean".
SEC. 3017. RULEMAKING.
Section 12(i) is amended by adding at the end the following:
"(3) LIMITATION. -- The Secretary shall propose or implement
rules governing activities under this Act only in accordance with
this section except for routine matters and matters with no
significant impact.".
SEC. 3018. TRANSFER OF FACILITIES AND EQUIPMENT.
Section 12 is amended by adding at the end the following new
subsection:
"(k) TRANSFER OF CAPITAL ASSET. --
"(1) AUTHORIZATION. -- If a recipient of assistance under this
Act determines that facilities and equipment and other assets
(including land) acquired, in whole or part, with such assistance
are no longer needed for the purposes for which they were
acquired, the Secretary may authorize the transfer of such assets
to any public body to be used for any public purpose with no
further obligation to the Federal Government.
"(2) DETERMINATIONS. -- The Secretary may authorize a transfer
under paragraph (1) for any public purpose other than transit only
if the Secretary first determines --
"(A) that the asset being transferred will remain in public use
for not less than 5 years after the date of the transfer;
"(B) that there are no purposes eligible for assistance under
this Act for which the asset should be used;
"(C) the overall benefit of allowing the transfer outweighs the
Federal Government interest in liquidation and return of the
Federal financial interest in the asset, after consideration of
fair market value and other factors; and
"(D) that, in any case in which the asset is a facility or
land, there is no interest in acquiring the asset for Federal use.
The determination under subparagraph (D) shall be made through
an appropriate screening or survey process.
"(3) DOCUMENTATION. -- Determinations required by paragraph
(2) shall be made, in writing, and shall include the rationale for
such determinations.
"(4) RELATION TO OTHER PROVISIONS. -- The provisions of this
section shall be in addition to and not in lieu of any other
provision of law governing use and disposition of facilities and
equipment under an assistance agreement.".
SEC. 3019. SPECIAL PROCUREMENT.
Section 12 is further amended by adding at the end the following:
"(l) SPECIAL PROCUREMENT INITIATIVES. --
"(1) TURNKEY SYSTEM PROCUREMENTS. --
"(A) IN GENERAL. -- In order to advance new technologies and
lower the cost of constructing new transit systems, the Secretary
shall allow the solicitation for a turnkey system project to be
funded under this Act to be conditionally awarded before Federal
requirements have been met on the project so long as the award is
made without prejudice to the implementation of those Federal
requirements. Federal financial assistance under this Act may be
made available for such a project when the recipient has complied
with relevant Federal requirements.
"(B) INITIAL DEMONSTRATION PHASE. -- In order to develop
regulations applying generally to turnkey system projects, the
Secretary is authorized to approve not less than 2 projects for an
initial demonstration phase. The results of such demonstration
projects (and any other projects currently using this procurement
method) shall be taken into consideration in the development of
the regulations implementing this subsection.
"(C) TURNKEY SYSTEM PROJECT DEFINED. -- As used in this
subsection, the term 'turnkey system project' means a project
under which a recipient contracts with a consortium of firms,
individual firms, or a vendor to build a transit system that meets
specific performance criteria and which is operated by the vendor
for a period of time.
"(2) MULTIYEAR ROLLING STOCK PROCUREMENTS. --
"(A) IN GENERAL. -- A recipient procuring rolling stock with
Federal financial assistance under this Act may enter into a
multiyear agreement for the purchase of such rolling stock and
replacement parts pursuant to which the recipient may exercise an
option to purchase additional rolling stock or replacement parts
for a period not to exceed 5 years from the date of the original
contract.
"(B) CONSORTIA. -- The Secretary shall permit 2 or more
recipients to form a consortium (or otherwise act on a cooperative
basis) for purposes of procuring rolling stock in accordance with
this paragraph and other Federal procurement requirements.
"(3) EFFICIENT PROCUREMENT. -- A recipient may award to other
than the lowest bidder in connection with a procurement under this
Act when such award furthers objectives which are consistent with
purposes of this Act, such as improved long-term operating
efficiency and lower long-term costs. Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
(A) make such modifications to current procedures as are
appropriate to make the policy set forth in this paragraph readily
practicable for all transit agencies, including smaller and medium
sized agencies, and (B) issue guidance clarifying and implementing
such policy.".
SEC. 3020. FEDERAL SHARE FOR ADA AND CLEAN AIR ACT COMPLIANCE.
Section 12 is further amended by inserting at the end the following
new subsection:
"(m) FEDERAL SHARE FOR CERTAIN PROJECTS. -- A Federal grant for a
project to be assisted under this Act that involves the acquisition of
vehicle-related equipment required by the Clean Air Act or the Americans
with Disabilities Act of 1990 shall be 90 percent of the net project
cost of such equipment attributable to compliance with such Acts. The
Secretary shall have discretion to determine, through practicable
administrative procedures, the costs attributable to equipment specified
in the preceding sentence.".
SEC. 3021. TRANSIT SERVICES FOR ELDERLY AND DISABLED INDIVIDUALS.
Section 16 "49 USC app. 1612" is amended --
(1) by striking "elderly and handicapped persons" each place it
appears and inserting "elderly persons and persons with
disabilities";
(2) in subsection (b)(2) by inserting "to the Governor of each
State for allocation" before "to private";
(3) in subsection (b)(2) by inserting "or to public bodies
approved by the State to coordinate services for elderly persons
and persons with disabilities or to public bodies which certify to
the Governor that no nonprofit corporations or associations are
readily available in an area to provide the service under this
subsection" after "inappropriate";
(4) by striking "and" at the end of subsection (b)(1), by
striking the period at the end of subsection (b)(2) and inserting
"; and", and by inserting after subsection (b)(2) the following:
"(3) eligible capital expenses under this section may include,
at the option of the recipient, the acquisition of transportation
services under a contract, lease, or other arrangement.";
(5) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively;
(6) by inserting after subsection (b) the following:
"(c) APPORTIONMENT AND USE OF FUNDS. --
"(1) STATE PROGRAM OF PROJECTS. -- Funds made available for
purposes of subsection (b) may be used for transportation projects
to assist in the provision of transportation services for elderly
persons and persons with disabilities which are included in a
State program of projects. Such programs shall be submitted
annually to the Secretary for approval and shall contain an
assurance that the program provides for maximum feasible
coordination of transportation services assisted under this
section with transportation services assisted by other Federal
sources.
"(2) APPORTIONMENT. -- Sums made available for expenditure for
purposes of subsection (b) shall be apportioned to the States on
the basis of a formula administered by the Secretary which shall
take into consideration the number of elderly persons and persons
with disabilities in each State.
"(3) TRANSFER OF AMOUNTS. -- Any amounts of a State's
apportionment under this subsection that remain available for
obligation at the beginning of the 90-day period before the
expiration of the period of availability of such amounts shall be
available to the Governor for transfer to supplement funds
apportioned to the State under section 18(a) or section 9(d).
"(4) LEASING OF VEHICLES. -- The Secretary shall, not later
than 60 days following the enactment of the Federal Transit Act,
issue regulations to allow vehicles purchased under this section
to be leased to local public bodies and agencies for the purpose
of improving transportation services designed to meet the special
needs of elderly persons and persons with disabilities."; and
(7) by striking subsection (f), as redesignated by this
section, and inserting the following:
"(f) MEAL DELIVERY SERVICE TO HOMEBOUND PERSONS. -- Transit service
providers receiving assistance under this section or section 18(a) may
coordinate and assist in providing meal delivery service for homebound
persons on a regular basis if the meal delivery services do not conflict
with the provision of transit services or result in a reduction of
service to transit passengers.".
SEC. 3022. TRANSFER OF FACILITIES AND EQUIPMENT.
Section 18 "49 USC app. 1614" is amended by striking subsection (g)
and inserting the following:
"(g) TRANSFER OF FACILITIES AND EQUIPMENT. -- A State may transfer
facilities and equipment acquired with assistance under this section or
section 16(b) to any recipient eligible to receive assistance under this
Act with the consent of the recipient currently in possession of such
facilities or equipment, if the facility or equipment will continue to
be used in accordance with the requirements of this section or section
16(b), as the case may be.".
SEC. 3023. INTERCITY BUS TRANSPORTATION.
Section 18 is further amended by adding at the end the following new
subsection:
"(i) INTERCITY BUS TRANSPORTATION. --
"(1) FUNDING OF PROGRAM. -- Subject to paragraph (2), a State
shall expend not less than 5 percent of the amounts made available
to such State under this section in fiscal year 1992, 10 percent
of such amounts in fiscal year 1993, and 15 percent of such
amounts in fiscal year 1994 and each fiscal year beginning
thereafter to carry out a program for the development and support
of intercity bus transportation. Eligible activities under such a
program include planning and marketing for intercity bus
transportation, capital grants for intercity bus shelters,
joint-use stops and depots, operating grants through
purchase-of-service agreements, user-side subsidies and
demonstration projects, and coordination of rural connections
between small transit operations and intercity bus carriers.
"(2) CERTIFICATION. -- A State shall not be required to comply
with paragraph (1) in any fiscal year in which the Governor
certifies to the Secretary that the intercity bus service needs of
the State are being adequately met.
"(3) SPECIAL RULE. -- For fiscal year 1992, a State may meet
the requirement of paragraph (1) by expending to carry out the
program described in paragraph (1) at least 50 percent of the
increase in the amount allocated to the State under this section
between fiscal year 1991 and fiscal year 1992.".
SEC. 3024. USE OF POPULATION ESTIMATES.
Section 18(a) "49 USC app. 1614" is amended in the second sentence by
inserting after "the latest available Federal census" the following: ",
the population estimate prepared by the Secretary of Commerce following
the 4th year after the date of publication of such Federal census, or
the population estimate prepared by the Secretary of Commerce following
the 8th year after such date of publication, whichever is the most
recent.".
SEC. 3025. AUTHORIZATIONS.
Section 21 "49 USC app. 1617" is amended to read as follows:
"SEC. 21. AUTHORIZATIONS.
"(a) FORMULA GRANT PROGRAMS. --
"(1) FROM THE TRUST FUND. -- There shall be available from the
Mass Transit Account of the Highway Trust Fund only to carry out
sections 9B, 11(b), 12(a), 16(b), 18, 23, and 26 of this Act,
$1,150,000,000 for fiscal year 1993, $1,190,000,000 for fiscal
year 1994, $1,150,000,000 for fiscal year 1995, $1,110,000,000 for
fiscal year 1996, and $1,920,000,000 for fiscal year 1997, to
remain available until expended.
"(2) FROM GENERAL FUNDS. -- In addition to the amounts
specified in paragraph (1), there are authorized to be
appropriated to carry out sections 9, 11(b), 12(a), 16(b), 18, 23,
and 26 of this Act, and substitute transit projects under section
103(e)(4) of title 23, United States Code, $2,055,000,000 for
fiscal year 1993, $1,885,000,000 for fiscal year 1994,
$1,925,000,000 for fiscal year 1995, $1,965,000,000 for fiscal
year 1996, and $2,430,000,000 for fiscal year 1997, to remain
available until expended.
"(3) FISCAL YEAR 1992. -- There shall be available from the
Mass Transit Account of the Highway Trust Fund for fiscal year
1992, $409,710,000 to carry out section 9B of this Act, to remain
available until expended.
"(b) SECTION 3 DISCRETIONARY AND FORMULA GRANTS. --
"(1) FROM THE TRUST FUND. -- There shall be available from the
Mass Transit Account of the Highway Trust Fund only to carry out
section 3 of this Act, $1,725,000,000 for fiscal year 1993,
$1,785,000,000 for fiscal year 1994, $1,725,000,000 for fiscal
year 1995, $1,665,000,000 for fiscal year 1996, and $2,880,000,000
for fiscal year 1997, to remain available until expended.
"(2) FROM GENERAL FUNDS. -- In addition to the amounts
specified in paragraph (1), there are authorized to be
appropriated to carry out section 3 of this Act, $305,000,000 for
fiscal year 1993, $265,000,000 for fiscal year 1994, $325,000,000
for fiscal year 1995, $385,000,000 for fiscal year 1996, and
$20,000,000 for fiscal year 1997, to remain available until
expended.
"(3) FISCAL YEAR 1992. -- There shall be available from the
Mass Transit Account of the Highway Trust Fund for fiscal year
1992 --
"(A) $1,345,000,000 to carry out section 3 of this Act;
"(B) $43,780,000 to carry out section 8 of this Act;
"(C) $55,000,000 to carry out section 16 of this Act;
"(D) $19,460,000 to carry out section 26(a) of this Act;
"(E) $20,050,000 to carry out section 26(b) of this Act, of
which $12,000,000 shall be available only for part C of title VI
of the Intermodal Surface Transportation Efficiency Act of 1991;
and
"(F) $7,000,000 to carry out section 11(b) of this Act. Such
sums shall remain available until expended.
"(4) CONTRACTUAL OBLIGATIONS. -- Approval by the Secretary of
a grant or contract with funds made available under subsection
(a)(1), (a)(3), (b)(1), or (b)(3) shall be deemed a contractual
obligation of the United States for payment of the Federal share
of the cost of the project. Approval by the Secretary of a grant
or contract with funds made available under subsection (a)(2) or
(b)(2) shall be deemed a contractual obligation of the United
States for payment of the Federal share of the cost of the project
only to the extent that amounts are provided in advance in
appropriations Acts.
"(c) SET-ASIDE FOR PLANNING, PROGRAMMING, AND RESEARCH. -- Before
apportionment in each fiscal year of the funds made available or
appropriated under subsection 8(p), an amount equivalent to 3.0 percent
of funds made available or appropriated under subsections (a) and (b)
shall be made available until expended as follows:
"(1) 45 percent of such funds shall be made available for
metropolitan planning activities under section 8(f);
"(2) 5 percent of such funds shall be made available to carry
out section 18(h);
"(3) 20 percent of such funds shall be made available to carry
out the State program under section 26(a); and
"(4) 30 percent of such funds shall be made available to carry
out the national program under section 26(b).
"(d) OTHER SET-ASIDES. -- Before apportionment in each fiscal year
of the funds made available or appropriated under subsection (a), of the
funds made available or appropriated under subsections (a) and (b) --
"(1) not to exceed an amount equivalent to .96 percent shall be
available for administrative expenses to carry out section 12(a)
of this Act and shall be available until expended;
"(2) not to exceed an amount equivalent to 1.34 percent shall
be available for transportation services to elderly persons and
persons with disabilities pursuant to the formula under section
16(b) of this Act and shall be available until expended; and
"(3) $7,000,000 shall be available for the purposes of section
11(b) relating to university transportation centers for each of
fiscal years 1993 through 1996.
"(e) COMPLETION OF INTERSTATE TRANSFER TRANSIT PROJECTS. -- Of the
amounts remaining available each year under subsections (a) and (b),
after allocation pursuant to subsections (c) and (d), for substitute
transit projects under section 103(e)(4) of title 23, United States
Code, there shall be available $160,000,000 for fiscal year 1992 and
$164,843,000 for fiscal year 1993.
"(f) SET-ASIDE FOR RURAL TRANSPORTATION. -- An amount equivalent to
5.5 percent of the amounts remaining available each year under
subsection (a), after allocation pursuant to subsections (c), (d), and
(e), shall be available pursuant to the formula under section 18. Such
sums shall remain available until expended.
"(g) SECTION 9 FUNDING. -- The funds remaining available each year
under subsection (a), after allocation pursuant to subsections (c), (d),
(e) and (f), shall be available under section 9.".
SEC. 3026. REPORT ON SAFETY CONDITIONS IN MASS TRANSIT.
Section 22 "49 USC app. 1618" is amended --
(1) by inserting "(a) IN GENERAL. -- " after "SEC. 22."; and
(2) by adding at the end a new subsection as follows:
"(b) REPORT. -- Not later than 180 days after the date of the
enactment of this subsection, the Secretary shall transmit to Congress
report containing --
"(1) actions taken to identify and investigate conditions in
any facility, equipment, or manner of operation as part of the
findings and determinations required of the Secretary in providing
grants and loans under this Act;
"(2) actions taken by the Secretary to correct or eliminate any
conditions found to create a serious hazard of death or injury as
a condition for making funds available through grants and loans
under this Act;
"(3) a summary of all passenger-related deaths and injuries
resulting from unsafe conditions in any facility, equipment, or
manner of operation of such facilities and equipment financed in
whole or in part under this Act;
"(4) a summary of all employee-related deaths and injuries
resulting from unsafe conditions in any facility, equipment, or
manner of operation of such facilities and equipment financed in
whole or in part under this Act;
"(5) a summary of all actions taken by the Secretary to correct
or eliminate the unsafe conditions to which such deaths and
injuries were attributed;
"(6) a summary of those actions taken by the Secretary to alert
transit operators of the nature of the unsafe conditions which
were found to create a serious hazard of death or injury; and
"(7) recommendations to the Congress by the Secretary of any
legislative or administrative actions necessary to ensure that all
recipients of funds under this Act will institute the best means
available to correct or eliminate hazrds of death or injury,
including --
"(A) a timetable for instituting actions,
"(B) an estimate of the capital and operating cost to take such
actions, and
"(C) minimum standards for establishing and implementing safety
plans by recipients of funds under this Act.".
SEC. 3027. "49 USC app. 1619" PROJECT MANAGEMENT OVERSIGHT.
Section 23(a) is amended --
(1) by striking paragraphs (1) through (5);
(2) by striking "1/2 of 1 percent of -- " and inserting the
following:
"1/2 of 1 percent of the funds made available for any fiscal
year to carry out sections 3, 9, or 18 of this Act, or interstate
transfer transit projects under section 103(e)(4) of title 23,
United States Code, as in effect on September 30, 1991, or a
project under the National Capital Transportation Act of 1969 to
contract with any person to oversee the construction of any major
project under any such section. In addition to such amounts, the
Secretary may as necessary use not more than 1/4 of 1 percent of
the funds made available in any fiscal year to carry out a major
project under section 3 to contract with any person to oversee the
construction of such major project.".
SEC. 3028. NEEDS SURVEY.
The Act is amended by inserting after section 26 the following new
section:
"SEC. 27. "49 USC app. 1623" NEEDS SURVEY AND TRANSFERABILITY STUDY.
"(a) NEEDS SURVEY. -- In January 1993 and in January of every second
year thereafter, the Comptroller General shall transmit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Public Works and Transportation of the House of Representatives a
report containing an evaluation of the extent to which current transit
needs are adequately addressed and an estimate of the future transit
needs of the Nation, including transit needs in rural areas
(particularly access to health care facilities). Such report shall
include the following:
"(1) An assessment of needs related to rail modernization,
guideway modernization, replacement, rehabilitation, and purchase
of buses and related equipment, construction of bus related
facilities, and construction of new fixed guideway systems and
extensions to fixed guideway systems.
"(2) A 5-year projection of the maintenance and modernization
needs that will result from aging of existing equipment and
facilities, including the need to overhaul or replace existing bus
fleets and rolling stock used on fixed guideway systems.
"(3) A 5-year projection of the need to invest in the expansion
of existing transit systems to meet changing economic, commuter,
and residential patterns.
"(4) An estimate of the level of expenditure needed to satisfy
the needs identified above.
"(5) An examination of existing Federal, State, and local
resources as well as private resources that are or can reasonably
be expected to be made available to support public transit.
"(6) The gap between the level of expenditure estimated under
paragraph (4) and the level of resources available to meet such
needs identified under paragraph (5).
"(b) TRANSFERABILITY STUDY. --
"(1) IN GENERAL. -- In January 1993 and in January of every
second year thereafter, the Comptroller General shall transmit to
the Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Public Works and Transportation of the House
of Representatives a report on implementation of the
transferability provisions of section 9(j)(3) of this Act.
"(2) CONTENTS. -- The report shall identify, by State, the
amount of transit funds transferred for nontransit purposes under
such sections during the previous fiscal year and shall include an
assessment of the impact of such transfers on the transit needs of
individuals and communities within the State. Specifically, the
report shall assess the impact of such transfers (A) on the
State's ability to meet the transit needs of elderly individuals
and individuals with disabilities, (B) on efforts to meet the
objectives of the Americans With Disabilities Act of 1990 and the
Clean Air Act, and (C) on the State's efforts to extend public
transit services to unserved rural areas. The report shall also
include an examination of the relative levels of Federal transit
assistance and services in urban and rural areas in fiscal year
1991 and the extent to which such assistance and service has
increased or decreased in subsequent fiscal years as a result of
transit resources made available under this Act and the Intermodal
Surface Transportation Efficiency Act of 1991.".
SEC. 3029. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM SAFETY.
The Act is amended by inserting after section 27 the following new
section:
"SEC. 28. "49 USC app. 1624" STATE RESPONSIBILITY FOR FIXED GUIDEWAY
SYSTEM SAFETY.
"(a) WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. -- The Secretary may
withhold up to 5 percent of the amount required to be apportioned for
use in any State or urbanized area in such State under section 9 for any
fiscal year beginning after September 30, 1994, if the State in the
previous fiscal year has not met the requirements of subsection (b) and
the Secretary determines that the State is not making adequate efforts
to comply with such subsection.
"(b) STATE REQUIREMENTS. -- A State meets the requirements of this
section if --
"(1) the State establishes and is implementing a safety program
plan for each fixed guideway transit system in the State which
establishes, at a minimum, safety requirements, lines of
authority, levels of responsibility and accountability, and
methods of documentation for such system;
"(2) the State designates an agency of the State with
responsibility to --
"(A) require, review and approve, and monitor implementation of
such plans; and
"(B) investigate hazardous conditions and accidents on such
systems and require corrective actions to correct or eliminate
such conditions; and
"(3) in any case in which more than 1 State would be subject to
this section in connection with a single transit agency, the
affected States may designate an entity other than the transit
agency to ensure uniform safety standards and enforcement and to
meet the requirements of this subsection.
"(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.
--
"(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS. -- Any funds
withheld under subsection (a) from apportionment for use in any
State in a fiscal year, shall remain available for apportionment
for use in such State until the end of the second fiscal year
following the fiscal year for which such funds are authorized to
be appropriated.
"(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE. -- If,
before the last day of the period for which funds withheld under
subsection (a) from apportionment are to remain available for
apportionment for use in a State under paragraph (1), the State
meets the requirements of subsection (b), the Secretary shall, on
the first day on which the State meets the requirements of
subsection (b), apportion to the State the funds withheld under
subsection (a) that remain available for apportionment for use in
the State.
"(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.
-- Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure until the end of the third fiscal year
succeeding the fiscal year in which such funds are apportioned
pursuant to paragraph (2). Sums not obligated at the end of such
period shall be apportioned for use in other States under section
9 of this Act.
"(4) EFFECT OF NONCOMPLIANCE. -- If, at the end of the period
for which funds withheld under subsection (a) from apportionment
are available for apportionment for use in a State under paragraph
(1), the State does not meet the requirements of subsection (b),
such funds shall be apportioned for use in other States under
section 9 of this Act.
"(d) LIMITATION ON APPLICABILITY. -- This section only applies to
States that have rail fixed guideway mass transportation systems which
are not subject to regulation by the Federal Railroad Administration.
"(e) REGULATIONS. -- Not later than 1 year after the date of the
enactment of this section, the Secretary shall issue regulations which
set forth the requirements for complying with subsection (b).".
SEC. 3030. PLANNING AND RESEARCH.
The Act is amended by inserting after section 25 the following:
"SEC. 26. "49 USC app. 1622" PLANNING AND RESEARCH PROGRAM.
"(a) STATE PROGRAM. -- The funds made available under section
21(c)(3) shall be available for State programs as follows:
"(1) TRANSIT COOPERATIVE RESEARCH PROGRAM. -- 50 percent of
that amount shall be available for the transit cooperative
research program to be administered as follows:
"(A) INDEPENDENT GOVERNING BOARD. -- The Secretary shall
establish an independent governing board for such program to
recommend mass transportation research, development, and
technology transfer activities as the Secretary deems appropriate.
"(B) NATIONAL ACADEMY OF SCIENCES. -- The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities as the
Secretary determines are appropriate.
"(2) STATE PLANNING AND RESEARCH. -- The remaining 50 percent
of that amount shall be apportioned to the States for grants and
contracts consistent with the purposes of sections 6, 8, 10, 11,
and 20 of this Act.
"(A) APPORTIONMENT FORMULA. -- Amounts shall be apportioned to
the States in the ratio which the population in urbanized areas in
each State bears to the total population in urbanized areas, in
all the States as shown by the latest available decennial census,
except that no State shall receive less than 1/2 of 1 percent of
the amount apportioned under this section.
"(B) ALLOCATION WITHIN A STATE. -- A State may authorize a
portion of its funds made available under this subsection to be
used to supplement funds available under subsection (a)(1), as the
State deems appropriate.
"(b) NATIONAL PROGRAM. --
"(1) IN GENERAL. -- The funds made available under section
21(c)(4), shall be available to the Secretary for grants or
contracts for the purposes of section 6, 8, 10, 11, or 20 of this
Act, as the Secretary deems appropriate.
"(2) COMPLIANCE WITH ADA. -- Of the amounts available under
paragraph (1), the Secretary shall make available not less than
$2,000,000 to provide transit-related technical assistance,
demonstration programs, research, public education, and other
activities that the Secretary deems appropriate to help transit
providers achieve compliance with the Americans with Disabilities
Act of 1990. To the extent practicable, the Secretary shall carry
out this subsection through contract with a national nonprofit
organization serving persons with disabilities with demonstrated
capacity to carry out these activities.
"(3) SPECIAL INITIATIVES. -- Of the amounts available under
paragraph (1), an amount not to exceed 25 percent shall be
available to the Secretary for special demonstration initiatives
subject to such terms, conditions, requirements, and provisions as
the Secretary deems consistent with the requirements of this Act,
except that the provisions of section 3(e)(4) shall apply to
operational grants funded for purposes of section 6. For
nonrenewable grants that do not exceed $100,000, the Secretary
shall provide expedited procedures governing compliance with
requirements of this Act.
"(4) TECHNOLOGY DEVELOPMENT. --
"(A) PROGRAM. -- The Secretary is authorized to undertake a
program of transit technology development in coordination with
affected entities.
"(B) INDUSTRY TECHNICAL PANEL. -- The Secretary shall
establish an Industry Technical Panel consisting of
representatives of transportation suppliers and operators and
others involved in technology development. A majority of the
Panel members shall represent the supply industry. The Panel
shall assist the Secretary in the identification of priority
technology development areas and in establishing guidelines for
project development, project cost sharing, and project execution.
"(C) GUIDELINES. -- The Secretary shall develop guidelines for
cost sharing in technology development projects funded under this
section. Such guidelines shall be flexible in nature and reflect
the extent of technical risk, market risk, and anticipated
supplier benefits and pay back periods.
"(5) ADVANCED FARE COLLECTION TECHNOLOGY PILOT PROJECT. --
From amounts authorized under section 21(c)(4), the Secretary
shall make available $1,000,000 in fiscal year 1992 for the
purpose of conducting a pilot project to evaluate, develop, and
test advanced fare technology systems. Such project shall be
carried out by the Washington Metropolitan Transit Authority.
"(6) INERTIAL NAVIGATION TECHNOLOGY TRANSFER. --
"(A) PROJECT. -- There is authorized to be appropriated from
amounts made available under section 21(c), $1,000,000 for fiscal
year 1992 to support an inertial navigation system demonstration
project for the purpose of determining the safety, economic, and
environmental benefits of deploying inertial navigation tracking
and control systems in urban and rural environments.
"(B) PUBLIC-PRIVATE SECTOR PARTICIPANTS. -- The project
described in subparagraph (A) shall be conducted by the Transit
Safety Research Alliance, a nonprofit public-private sector
consortium based in Pittsburgh, Pennsylvania.
"(7) SUPPLEMENTARY FUNDS. -- The Secretary may use funds
appropriated under this subsection to supplement funds available
under subsection (a)(1), as the Secretary deems appropriate.
"(8) FEDERAL SHARE. -- Where there would be a clear and direct
financial benefit to an entity under a grant or contract funded
under this subsection or subsection (a)(1), the Secretary shall
establish a Federal share consistent with that benefit.
"(c) SUSPENDED LIGHT RAIL SYSTEM TECHNOLOGY PILOT PROJECT. --
"(1) FULL FUNDING GRANT AGREEMENT. -- Not later than 60 days
after the fulfillment of the requirements under paragraph (5), the
Secretary shall negotiate and enter into a full funding grant
agreement under section 3 with a public entity selected under
paragraph (4) for construction of a suspended light rail system
technology pilot project.
"(2) PROJECT PURPOSE. -- The purpose of the project under this
subsection shall be to assess the state of new technology for a
suspended light rail system and to determine the feasibility and
costs and benefits of using such a system for transporting
passengers.
"(3) PROJECT DESCRIPTION. -- The project under this subsection
shall --
"(A) utilize new rail technology with individual vehicles on a
prefabricated, elevated steel guideway;
"(B) be stability seeking with a center of gravity for the
detachable passenger vehicles located below the point of
wheel-rail contact; and
"(C) utilize vehicles which are driven by overhead bogies with
high efficiency, low maintenance electric motors for each wheel,
operating in a slightly sloped plane from vertical for both the
wheels and the running rails, to further increase stability,
acceleration, and braking performance.
"(4) COMPETITION. --
"(A) IN GENERAL. -- Notwithstanding any other provision of
law, the Secretary shall conduct a national competition to select
a public entity with which to enter into a full funding grant
agreement under paragraph (1) for construction of the project
under this subsection.
"(B) PUBLICATION OF NOTICE. -- Not later than 30 days after
the date of the enactment of this Act, the Secretary shall publish
in the Federal Register notice of the competition to be conducted
under this paragraph, together with procedures for public entities
to participate in the competition.
"(C) SELECTION OF FINALISTS. -- Not later than 120 days after
the date of the enactment of this Act, the Secretary shall select
3 public entities to be finalists in the competition under this
paragraph.
"(D) AWARD OF GRANTS. -- The Secretary shall award grants to
each of the finalists selected under subparagraph (C). Such
grants shall be used by the finalists to participate in the final
phase of the competition under this paragraph in accordance with
procedures to be established by the Secretary. The amount of such
grants shall not exceed 80 percent of the costs of such
participation. No finalists may receive more than 1/3 of the
amount made available under paragraph (9)(C).
"(E) SELECTION OF WINNER. -- Not later than 210 days after the
date of the enactment of this Act, the Secretary shall select from
among the finalists selected under subparagraph (C) the public
entity with which to enter into a full funding grant agreement
under paragraph (1).
"(F) CONSIDERATIONS. -- In conducting the competition and
selecting public entities under this paragraph, the Secretary
shall consider the following:
"(i) The public entity's demonstrated understanding and
knowledge of the project under this section.
"(ii) The public entity's technical, managerial, and financial
capacity to undertake construction, management, and operation of
the project.
"(iii) Maximization of potential contributions to the cost of
the project by State, local, and private sector entities,
including the donation of in-kind services and materials.
"(5) EXPEDITED PROCEDURES. -- Not later than 270 days after
the date of selection of a public entity under paragraph (4), the
Secretary shall approve and publish in the Federal Register a
notice announcing either (A) a finding of no significant impact,
or (B) a draft environmental impact statement for the project
under this subsection. The alternative analysis for the project
shall include a determination as to whether or not to actually
construct such project. If a draft environmental impact statement
is published, the Secretary shall, not later than 180 days after
the date of such publication, approve and publish in the Federal
Register a notice of completion of a final environmental impact
statement. The project shall not be subject to the major capital
investment policy of the Federal Transit Administration.
"(6) NOTICE TO PROCEED WITH CONSTRUCTION. -- Not later than 30
days following the execution of the full funding grant agreement
under paragraph (1), the Secretary shall issue a notice to proceed
with construction.
"(7) OPTION NOT TO CONSTRUCT. -- Not later than the 30th day
following the completion of preliminary engineering and design for
the project, the public entity selected under paragraph (1) will
make a determination on whether or not to proceed to actual
construction of the project. If such public entity makes a
determination not to proceed to such actual construction --
"(A) the Secretary shall not enter into the grant agreement
under paragraph (1);
"(B) any remaining sums received shall be returned to the
Secretary and credited to the Mass Transit Account of the Highway
Trust Fund; and
"(C) the Secretary shall use the amount so credited and all
other amounts to be provided under this section to award to
entities selected under paragraph (4)(E) grants under section 3
for construction of the project described in paragraph (1).
Any grants under subparagraph (C) shall be awarded after
completion of a competitive process for selection of a grant
recipient. Such process shall be completed not later than the
60th day following the date of the determination under this
subsection.
"(8) OPERATING COST DEFICITS. -- The full funding grant
agreement under paragraph (1) shall provide that --
"(A) the system vendor for the project under this section shall
fund 100 percent of any deficit incurred in operating the project
in the first two years of revenue operations of the project; and
"(B) the system vendor for the project under this section shall
fund 50 percent of any deficit incurred in operating the project
in the third year of revenue operations of the project.
"(9) FUNDING. --
"(A) PRECONSTRUCTION. -- If the systems planning, alternatives
analysis, preliminary engineering, and design and environmental
impact statement are required by law for the project under this
subsection, the Secretary shall pay by grant the Federal share of
such costs (as determined under section 3) from amounts provided
under such section as follows: not less than $4,000,000 for
fiscal year 1993. Such funds shall remain available until
expended.
"(B) CONSTRUCTION. -- The grant agreement under paragraph (1)
shall provide that the Federal share of the construction costs of
the project under this section shall be paid by the Secretary from
amounts provided under section 3 as follows: not less than
$30,000,000 for fiscal year 1994. Such funds shall remain
available until expended.
"(C) GRANTS. -- Grants under paragraph (4) shall be paid by
the Secretary from amounts provided under section 3 as follows:
not less than $1,000,000 for fiscal year 1992. Any amounts not
expended for such grants shall be available for the Federal share
of costs described in subparagraphs (A) and (B).
"(D) OPERATION. -- Notwithstanding any other provision of law,
the grant agreement under paragraph (1) shall provide with respect
to the third year of revenue operations of the project under this
subsection that the Federal share of operating costs of the
project shall be paid by the Secretary from amounts provided under
this section in a sum equal to 50 percent of any deficit incurred
in operating the project in such year of revenue operations or
$300,000, whichever is less.
"(10) FEDERAL SHARE. -- The Federal share of the cost of
construction of the project under this subsection shall be 80
percent of the net cost of the project.
"(11) REPORT. -- Not later than January 30, 1993, and annually
thereafter, the Secretary shall transmit to Congress a report on
the progress and results of the project under this subsection.".
SEC. 3031. NEW JERSEY URBAN CORE PROJECT.
(a) CONTRACTUAL COMMITMENTS. --
(1) FULL FUNDING GRANT AGREEMENT. -- Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
negotiate and enter into a full funding grant agreement under
section 3 of the Federal Transit Act for those elements of the New
Jersey Urban Core Project which can be fully funded in fiscal
years 1992 through 1997. Such grant agreement shall not preclude
the allocation of Federal funds for those elements of the project
not covered under such grant agreement.
(2) PAYMENT. -- The grant agreement under paragraph (1) shall
provide that the Federal share of the cost of the New Jersey Urban
Core Project shall be paid by the Secretary from amounts provided
under section 3 of the Federal Transit Act as follows:
(A) Not less than $95,900,000 for fiscal year 1992.
(B) Not less than $71,700,000 for fiscal year 1993.
(C) Not less than $64,800,000 for fiscal year 1994.
(D) Not less than $146,000,000 for fiscal year 1995.
(E) Not less than a total of $256,000,000 for fiscal years 1996
and 1997.
Nothing in this section shall be construed as precluding other
Federal funds from being committed to the project.
(b) NON-FEDERAL SHARE. -- Notwithstanding any other provision of
law, for the purpose of calculating non-Federal contributions to the net
cost of the New Jersey Urban Core Project, the Secretary shall include
all non-Federal contributions made on or after January 1, 1987, for
construction of any element of the project. Non-Federal funds committed
to one element of the project may be used to meet the non-Federal share
requirement for any other element of the project.
(c) EXEMPTION FROM CERTAIN REQUIREMENTS. -- The requirements
contained in section 3(i) of the Federal Transit Act (relating to
criteria for new starts) shall not apply with respect to the New Jersey
Urban Core Project; except that an alternative analysis and draft
environmental impact statement shall be completed with respect to the
Hudson River Waterfront element of the project and the Secretary shall
approve the recommended locally preferred alternative for such element.
No element of the project shall be subject to the major capital
investment policy of the Federal Transit Administration.
(d) ELEMENTS OF URBAN CORE PROJECT. -- For the purposes of this
section, the New Jersey Urban Core Project consists of the following
elements: Secaucus Transfer, Kearny Connection, Waterfront Connection,
Northeast Corridor Signal System, Hudson River Waterfront Transportation
System, Newark-Newark International Airport-Elizabeth Transit Link, a
rail connection between Penn Station Newark and Broad Street Station,
Newark, New York Penn Station Concourse, and the equipment needed to
operate revenue service associated with improvements made by the
project. The project includes elements advanced with 100 percent
non-Federal funds.
SEC. 3032. MULTIYEAR FUNDING FOR SAN FRANCISCO BAY AREA RAIL
EXTENSION PROGRAM.
(a) DRAFT ENVIRONMENTAL IMPACT STATEMENT. --
(1) COMPLETION DEADLINE. -- Not later than 60 days after the
date of the enactment of this Act and in accordance with the
National Environmental Policy Act of 1969, the Secretary shall
complete a draft environmental impact statement for an extension
of the San Francisco Bay Area Rapid Transit District (hereinafter
in this section referred to as "BART") to the San Francisco
International Airport.
(2) NOTICE OF AVAILABILITY AND REPORTING. -- The Secretary
shall publish a notice of availability of the draft environmental
impact statement for public review. If the Secretary has not
published such notice on or before the 60th day following the date
of the enactment of this Act, the Secretary shall report to
Congress on the status of the completion of such draft
environmental impact statement. The Secretary shall continue to
report to such committees every 30 days on the status of the
completion of the draft environmental impact statement, including
any proposed revisions to the statement or to the work plan, until
a notice of availability of such document is published in the
Federal Register.
(b) PRELIMINARY ENGINEERING GRANT. --
(1) TO BART. -- Not later than 30 days after the date of
submittal of a locally preferred alternatives report and
notwithstanding any other provision of law, the Secretary shall
make a grant to BART to conduct preliminary engineering and to
complete an environmental impact statement on the locally
preferred alternative for the extension of BART to the San
Francisco International Airport. The amount of such grant shall
be 75 percent of preliminary engineering costs, unless the
matching percentage is increased by a modification to Metropolitan
Transportation Commission Resolution No. 1876 in a manner that
would allow such Federal share to be increased to 80 percent.
(2) TO SANTA CLARA COUNTY. -- Not later than 30 days after the
date of the enactment of this Act and notwithstanding any other
provision of the law, the Secretary shall make a grant to the
Santa Clara County Transit District (hereinafter in this section
referred to as "SCCTD") to conduct preliminary engineering and to
complete an environmental impact statement in accordance with the
National Environmental Policy Act of 1969 on the locally preferred
alternative for the Tasman Corridor Project. The amount of such
grant shall be $12,750,000; except that the Federal share for all
project costs may not exceed 50 percent, unless the matching
percentage is increased by a modification to Metropolitan
Transportation Commission Resolution No. 1876 in a manner that
would allow such Federal share to be increased to 80 percent.
Local funds expended on the Tasman Corridor Project after the
locally preferred alternative was approved by the Metropolitan
Transportation Commission on July 31, 1991, shall be considered
eligible project costs under the Federal Transit Act.
(c) CONTRACTUAL COMMITMENTS. --
(1) APPROVAL OF CONSTRUCTION. -- Notwithstanding any other
provision of law, the Secretary shall approve the construction of
the locally preferred alternative for the BART San Francisco
International Airport Extension (Phase 1a to Colma and Phase 1b to
San Francisco Airport) and the Tasman Corridor Project according
to the following schedule; provided that the Secretary does not
grant approval under subparagraphs (A), (B), and (C) before the
30th day after completion of the environmental impact statement:
(A) Not later than 90 days after the date of the enactment of
this Act, the Secretary shall approve such construction for BART
Phase 1a to Colma.
(B) Not later than 90 days after the date of the completion of
preliminary engineering, the Secretary shall approve such
construction for BART Phase 1b to San Francisco International
Airport.
(C) Not later than 90 days after the date of the completion by
SCCTD of preliminary engineering, the Secretary shall approve such
construction for the Tasman Corridor Project.
(2) EXECUTION OF CONTRACT. -- Upon approving construction
under paragraph (1), the Secretary shall execute a multiyear grant
agreement with BART to permit the expenditure of funds for the
construction of the BART San Francisco International Airport
Extension (Phase 1a and Phase 1b) and with SCCTD for the
construction of the Tasman Corridor Project.
(d) FEDERAL SHARE. --
(1) BART EXTENSION. -- The grant agreement under subsection
(c)(2) shall provide that the Federal share of the project cost
for the locally preferred alternative for the BART San Francisco
International Airport Extension (Phase 1a and Phase 1b) shall be
75 percent, unless the matching percentage is increased by a
modification to Metropolitan Transportation Commission Resolution
No. 1876 in a manner that would allow such Federal share to be
increased to 80 percent.
(2) TASMAN CORRIDOR PROJECT. -- The grant agreement under
subsection (c)(2) shall provide that the Federal share of the
project cost for the locally preferred alternative for the Tasman
Corridor Project, including costs for preliminary engineering,
shall be 50 percent, unless that matching percentage is increased
by a modification to Metropolitan Transportation Commission
Resolution No. 1876 in a manner that would allow such Federal
share to be increased to 80 percent.
(e) PAYMENT. -- The grant agreement under subsection (c)(2) shall
provide that the Federal share of the cost of the projects shall be paid
by the Secretary from amounts provided under section 3 of the Federal
Transit Act for construction of new fixed guideway systems and
extensions to fixed guideway systems, as follows:
(1) Not less than $28,500,000 for fiscal year 1990.
(2) Not less than $40,000,000 for fiscal year 1991.
(3) Not less than $100,000,000 for each of fiscal years 1992
through 1995.
(4) Not less than $100,000,000 for fiscal years 1996 and 1997.
Apportionment of payments between BART and SCCTD shall be consistent
with the Metropolitan Transportation Commission Resolution No. 1876.
(f) ADVANCE CONSTRUCTION. -- The grant agreements under subsection
(c)(2) shall provide that the Secretary shall reimburse BART and SCCTD
from any amounts provided under section 3 of the Federal Transit Act for
fiscal years 1992 through 1997 for the Federal share of the net project
costs incurred by BART and SCCTD under subsections (c)(1) and (c)(2),
including the amount of any interest earned and payable on bonds as
provided in section 3(l)(2) of the Federal Transit Act, as follows:
(1) Not later than September 30, 1994, the Secretary shall
reimburse BART and SCCTD a total of $368,500,000 (plus such
interest), less amounts provided under subsection (e) for fiscal
years 1992 through 1994.
(2) Not later than September 30, 1997, the Secretary shall
reimburse BART and SCCTD a total of $568,500,000 (plus such
interest), less amounts provided under subsection (e) for fiscal
years 1992 through 1997.
(g) FULL FUNDING GRANT AGREEMENTS. --
(1) SCHEDULE. -- Notwithstanding any other provision of law,
the Secretary shall negotiate and execute full funding grant
agreements that are consistent with Metropolitan Transportation
Commission Resolution No. 1876 with BART for Phase 1a to Colma and
Phase 1b to the San Francisco International Airport, and with
SCCTD for the Tasman Corridor Project according to the following
schedule:
(A) Not later than 90 days after the date of completion by
SCCTD of preliminary engineering, the Secretary shall execute such
agreement for the Tasman Corridor Project.
(B) Upon completion by BART of 85 percent of final design, the
Secretary shall execute such agreement for Phase 1a to Colma.
(C) Upon completion by BART of 85 percent of final design, the
Secretary shall execute such agreement for Phase 1b to the San
Francisco International Airport.
(2) ADDITIONAL AMOUNTS. -- In addition to the $568,500,000
provided under this section, the Secretary shall, subject to
annual appropriations, issue full funding grant agreements to
complete the projects utilizing the full amount of the unobligated
balance in the Mass Transit Account of the Highway Trust Fund.
(h) ALTERNATIVES ANALYSIS. -- The Secretary shall permit the Santa
Clara County Transit District, in cooperation with the Metropolitan
Transportation Commission, to conduct an Alternatives Analysis to
examine transit alternatives including a possible BART extension from
southern Alameda County through downtown San Jose to Santa Clara,
California.
SEC. 3033. QUEENS LOCAL/EXPRESS CONNECTION.
(a) FULL FUNDING GRANT AGREEMENT. -- Not later than 90 days after
the date of the enactment of this Act, the Secretary shall negotiate and
enter into a full funding grant agreement under section 3 of the Federal
Transit Act for those elements of the Queens Local/Express Connection
which can be fully funded in fiscal years 1992 through 1997. Such grant
agreement shall not preclude the allocation of Federal funds for those
elements of the project not covered under such grant agreement.
(b) PAYMENT. -- The grant agreement under subsection (a) shall
provide that the Federal share of the cost of the Queens Local/Express
Connection shall be paid by the Secretary from amounts provided under
section 3(k)(1)(B) of the Federal Transit Act as follows:
(1) Not less than $11,000,000 for fiscal year 1992.
(2) Not less than $18,700,000 for fiscal year 1993.
(3) Not less than $77,800,000 for fiscal year 1994.
(4) Not less than $76,800,000 for fiscal year 1995.
(5) Not less than $121,800,000 for fiscal year 1996.
Nothing in this section shall be construed as precluding other Federal
funds from being committed to the project.
SEC. 3034. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT.
(a) SUPPLEMENTAL EIS. -- Not later than April 1, 1992, and in
accordance with the National Environmental Policy Act of 1969, the
Secretary shall complete preparation of a final supplemental
environmental impact statement for Minimum Operable Segment-3 (other
than the East Side Extension) and publish a notice of the completion of
such statement in the Federal Register. Such statement shall reflect
any alignment changes in the Los Angeles Metro Rail Project and any
determination of an amended locally preferred alternative for the
project. In preparing such statement, the Secretary shall rely, to the
maximum extent feasible, upon existing environmental studies and
analyses conducted with respect to the project, including the Draft
Supplemental Environmental Impact Statement (dated November 1987) and
the Final Supplemental Environmental Impact Statement (dated July 1989).
(b) AMENDMENT TO CONTRACT TO INCLUDE CONSTRUCTION OF MOS-3. --
(1) NEGOTIATION. -- Not later than April 1, 1992, the
Secretary shall begin negotiations with the Commission on an
amendment to the full funding contract under section 3 of the
Federal Transit Act (dated April 1990) for construction of Minimum
Operable Segment-2 of the Los Angeles Metro Rail Project in order
to include construction of Minimum Operable Segment-3 (including
the commitment described in paragraph (4) to provide Federal
funding for the East Side Extension) in such contract.
(2) EXECUTION. -- Not later than October 15, 1992, the
Secretary shall --
(A) complete negotiations and execute the amended contract
under paragraph (1); and
(B) issue a record of decision approving the construction of
Minimum Operable Segment-3 (other than the East Side Extension).
(3) PAYMENT OF FEDERAL SHARE. --
(A) FEDERAL SHARE. -- The amended contract under paragraph (1)
shall provide that the Federal share of the cost of construction
of Minimum Operable Segment-3 for fiscal years 1993 through 1997
shall be $695,000,000.
(B) PAYMENT. -- The amended contract under paragraph (1) shall
provide that the Federal share of the cost of construction of
Minimum Operable Segment-3 shall be paid by the Secretary from
amounts available under section 3 of the Federal Transit Act in
accordance with a schedule for annual payments set forth in such
contract.
(4) EAST SIDE EXTENSION. -- The amended contract under
paragraph (1) shall include a commitment to provide Federal
funding for the East Side Extension, subject to completion of
alternatives analysis and satisfaction of Federal environmental
requirements.
(5) ADVANCE CONSTRUCTION. --
(A) IN GENERAL. -- The amended contract under paragraph (1)
shall provide that the Commission may construct any portion of
Minimum Operable Segment-3 in accordance with section 3(l) of the
Federal Transit Act.
(B) AMOUNT. -- The Commission may use advance construction
authority in an amount not to exceed the sum of $535,000,000 plus
the difference (if any) between the Federal share specified in
paragraph (3) for fiscal years 1993 through 1997 and the amount of
Federal funds actually provided in those fiscal years.
(C) CONVERSION TO GRANTS. -- In the event the Commission uses
advance construction authority under this paragraph, the Secretary
shall convert that authority into a grant and shall reimburse the
Commission, from funds available under section 3 of the Federal
Transit Act, for the Federal share of the amounts expended. Such
conversion and reimbursement shall be made by the Secretary in
fiscal years 1998, 1999, and 2000 and shall be equal to the
Federal share of the amounts expended by the Commission pursuant
to this paragraph (plus any eligible bond interest under section
3(l)(2) of the Federal Transit Act).
(c) FURTHER AMENDMENT TO CONTRACT. -- Not later than October 15,
1996, the Secretary shall negotiate and enter into a further amendment
to the contract described in subsection (b)(1) in order to provide
Federal funding for Minimum Operable Segment-3 for fiscal years 1998
through 2000. The amended contract shall include provisions for the use
and reimbursement of advance construction in the manner set forth in
subsection (b)(5).
(d) CONTINUING PRELIMINARY ENGINEERING. -- Before the date on which
an amended contract is executed under subsection (b), the Secretary
shall, upon receipt of an application from the Commission, make a grant
to the Commission from amounts available under section 3 of the Federal
Transit Act for continuing preliminary engineering and environmental
analysis work for Minimum Operable Segment-3.
(e) ADDITION OF EAST SIDE EXTENSION. --
(1) ALTERNATIVES ANALYSIS AND ENVIRONMENTAL REVIEW. -- The
Secretary shall cooperate with the Commission in alternatives
analysis and environmental review, including preparation of a
draft environmental impact statement, for the East Side Extension.
Upon receipt of an application from the Commission, the Secretary
shall make a grant to the Commission, from amounts available under
section 3 of the Federal Transit Act, for preliminary engineering,
design, and related expenses for the East Side Extension, in an
amount equal to 50 percent of the cost of such activities. Such
funds shall be provided from the amounts made available by the
Secretary under subsection (b)(3).
(2) SUPPLEMENTAL EIS. -- Not later than December 1, 1993, and
in accordance with the National Environmental Policy Act of 1969,
the Secretary shall complete preparation of a final supplemental
environmental impact statement for the East Side Extension and
shall publish a notice of completion of such statement in the
Federal Register.
(3) AMENDMENT TO CONTRACT TO INCLUDE EAST SIDE EXTENSION. --
(A) NEGOTIATION. -- Immediately upon the completion of
alternatives analysis and preliminary engineering for the East
Side Extension, the Secretary shall begin negotiations with the
Commission on a further amendment to the contract referred to in
subsection (b)(1) in order to include construction of the East
Side Extension.
(B) EXECUTION. -- Not later than June 1, 1994, the Secretary
shall --
(i) complete negotiations and execute the amended contract
under subparagraph (A); and
(ii) issue a record of decision approving the construction of
the East Side Extension.
(C) CONTENTS. -- The amended contract under subparagraph (A)
shall be consistent with the commitment made under subsection
(b)(4) and shall include appropriate changes to the existing scope
of work to include the East Side.
(f) APPLICABILITY OF FEDERAL REQUIREMENTS. -- The amended contracts
under this section shall provide that any activity under Minimum
Operable Segment-3 that is financed entirely with non-Federal funds
shall not be subject to any Federal statute, regulation, or program
guidance, unless the Federal statute or regulation in question, by its
terms, otherwise applies to and covers such activity.
(g) CRITERIA FOR NEW STARTS. -- Minimum Operable Segment-3 shall be
deemed to be a project described in and covered by section 303(b) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987.
(h) NOTIFICATION OF NONCOMPLIANCE. -- If the Secretary is unable to
comply with a deadline established by this section, the Secretary shall
report to Congress on the reasons for the noncompliance and shall
provide such Committees a firm schedule for taking the action required.
(i) DEFINITIONS. -- For the purposes of this section, the following
definitions apply:
(1) COMMISSION. -- The term "Commission" means the Los Angeles
County Transportation Commission (or any successor thereto).
(2) EAST SIDE EXTENSION. -- The term "East Side Extension"
means that portion of Minimum Operable Segment-3 described in
paragraph (3)(C).
(3) MINIMUM OPERABLE SEGMENT-3. -- The term "Minimum Operable
Segment-3" means that portion of the Los Angeles Metro Rail
Project which consists of 7 stations and approximately 11.6 miles
of heavy rail subway on the following lines:
(A) One line running west and northwest from the Hollywood/Vine
station to the North Hollywood station, with 2 intermediate
stations.
(B) One line running west from the Wilshire/Western station to
the Pico/San Vicente station, with one intermediate station.
(C) One line consisting of an initial line of approximately 3
miles in length, with at least 2 stations, beginning at Union
Station and running generally east.
SEC. 3035. MISCELLANEOUS MULTIYEAR CONTRACTS.
(a) HAWTHORNE, NEW JERSEY-WARWICK, NEW YORK, SERVICE. -- No later
than 120 days after the date of the enactment of this Act, the Secretary
shall negotiate and sign a multiyear grant agreement with the New Jersey
Transit Corporation which includes not less than $35,710,000 in fiscal
year 1992 and not less than $11,156,000 in fiscal year 1993 from funds
made available under section 3(k)(1)(B) of the Federal Transit Act to
carry out the construction of a project to provide commuter rail service
from Hawthorne, New Jersey, to Warwick, New York (including a connection
with the New Jersey Transit Main Line in Hawthorne, New Jersey, and
improvements to the New Jersey Transit Main Line station in Paterson,
New Jersey). Such agreement shall provide that amounts provided under
the agreement may be used for purchasing equipment and for
rehabilitating and constructing stations, parking facilities, and other
facilities necessary for the restoration of such commuter rail service.
(b) WESTSIDE LIGHT RAIL PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Tri-County Metropolitan Transportation District of Oregon which
includes $515,000,000 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act at the Federal share contained in House
Report 101-584 to carry out the construction of the locally preferred
alternative for the Westside Light Rail Project, including system
related costs, set forth in Public Law 101-516 and as defined in House
Report 101-584. Such agreement shall also provide for the completion of
alternatives analysis, the final Environmental Impact Analysis, and
preliminary engineering for the Hillsboro extension to the Westside
Project as set forth in Public Law 101-516.
(c) NORTH BAY FERRY SERVICE. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
City of Vallejo, California, which includes $8,000,000 in fiscal year
1992 and $9,000,000 in fiscal year 1993 from funds made available under
section 3(k)(1)(B) of the Federal Transit Act to carry out capital
improvements under the North Bay Ferry Service Demonstration Program.
(d) STATEN ISLAND-MIDTOWN MANHATTAN FERRY SERVICE. -- No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the New York City Department of Transportation in New
York, New York, which includes $1,000,000 in fiscal year 1992 and
$11,000,000 in fiscal year 1993 from funds made available under section
3(k)(1)(B) of the Federal Transit Act to carry out capital improvements
under the Staten Island-Midtown Ferry Service Demonstration Program.
(e) CENTRAL AREA CIRCULATOR PROJECT. -- No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the City of Chicago, Illinois, which includes $260,000,000 from
funds made available under section 3(k)(1)(B) of the Federal Transit Act
to carry out the construction of the locally preferred alternative for
the Central Area Circulator Project. Such grant agreement shall provide
that the Federal share of the cost of such project shall be paid by the
Secretary from amounts provided under such section 3(k)(1)(B) as
follows:
(1) Not less than $21,000,000 for fiscal year 1992.
(2) Not less than $55,000,000 for fiscal year 1993.
(3) Not less than $70,000,000 for fiscal year 1994.
(4) Not less than $62,000,000 for fiscal year 1995.
(5) Not less than a total of $52,000,000 for fiscal years 1996
and 1997.
(f) SALT LAKE CITY LIGHT RAIL PROJECT. -- No later than August 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Utah Transit Authority, which includes $131,000,000 from funds
made available under section 3(k)(1)(B) of the Federal Transit Act to
carry out the construction of the initial segment of the locally
preferred alternative for the Salt Lake City Light Rail Project,
including feeder bus and other system related costs.
(g) LOS ANGELES-SAN DIEGO (LOSSAN) RAIL CORRIDOR IMPROVEMENT PROJECT.
-- No later than April 30, 1992, the Secretary shall negotiate and sign
a multiyear grant agreement with the Los Angeles-San Diego Rail Corridor
Agency which includes not less than $10,000,000 for fiscal year 1992 and
not less than $5,000,000 in each of fiscal years 1993 and 1994 from
funds made available under section 3(k)(1)(B) of the Federal Transit Act
to provide for capital improvements to the rail corridor between Los
Angeles and San Diego, California.
(h) SAN JOSE-GILROY-HOLLISTER COMMUTER RAIL PROJECT. -- No later
than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the responsible operating entity for the San
Francisco Peninsula Commute Service which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act,
$13,000,000 for capital improvements and trackage rights related to the
extension of commuter rail service from San Jose, through Gilroy, to
Hollister, California. The Secretary shall allocate to the Santa Clara
County Transit District in fiscal year 1992, from funds made available
under such section 3(k)91)(B), $8,000,000 for the purpose of a one-time
purchase of perpetual trackage rights between the existing terminus in
San Jose and Gilroy, California, to run passenger rail service.
(i) DALLAS LIGHT RAIL PROJECT. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with
Dallas Area Rapid Transit which includes $160,000,000 from funds made
available under section 3(k)(1)(B) of the Federal Transit Act to carry
out the construction of the locally preferred alternative for the
initial 6.4 miles and 10 stations of the South Oak Cliff light rail
line. Non-Federal funds used to acquire rights-of-way and to plan,
design, and construct any of the elements of such light rail line on or
after August 13, 1983, may be used to meet the non-Federal share funding
requirement for financing construction of any of such elements.
(j) SOUTH BOSTON PIERS TRANSITWAY/LIGHT RAIL PROJECT. -- No later
than June 1, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the Massachusetts Bay Transportation Authority
which includes $278,000,000 from funds made available under section
3(k)(1)(B) of the Federal Transit Act to carry out the construction of
the South Station to World Trade Center segment of the locally preferred
alternative for the South Boston Piers Transitway/Light Rail Project.
Not later than February 28, 1992, the Secretary shall allocate from such
$278,000,000 such sums as may be necessary to carry out preliminary
engineering and design for the entirety of such preferred alternative.
Section 330 of the Department of Transportation and Related Agencies
Appropriations Act, 1992, is amended by striking " -- ", by striking
"(a)", by striking "; and" at the end of paragraph (a) and all that
follows through the period at the end of such section and inserting a
period, and by running in the remaining matter of paragraph (a)
following "Administration".
(k) KANSAS CITY LIGHT RAIL PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Kansas City Area Transportation Authority which includes, from funds
made available under section 3(k)(1)(B) of the Federal Transit Act,
$1,500,000 in fiscal year 1992, and $4,400,000 in fiscal year 1993 to
provide for the completion of alternatives analysis and preliminary
engineering for the Kansas City Light Rail Project.
(l) ORLANDO STREETCAR (OSCAR) DOWNTOWN TROLLEY PROJECT. -- No later
than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the City of Orlando, Florida, which includes, from
funds made available under section 3(k)(1)(B) of the Federal Transit
Act, $5,000,000 to provide for the completion of alternatives analysis
and preliminary engineering for the Orlando Streetcar (OSCAR) Downtown
Trolley Project.
(m) DETROIT LIGHT RAIL PROJECT. -- No later than April 30, 1992, the
Secretary shall negotiate and enter into a multiyear grant agreement
with the city of Detroit, Michigan, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act, not less
than $10,000,000 for fiscal year 1992, and not less than $10,000,000 for
fiscal year 1993, to provide for the completion of alternatives analysis
and preliminary engineering for the Detroit Light Rail Project.
(n) BUS AND BUS RELATED EQUIPMENT PURCHASES IN ALTOONA, PENNSYLVANIA.
-- No later than April 30, 1992, the Secretary shall enter into a grant
agreement with Altoona Metro Transit for $2,000,000 for fiscal year 1992
from funds made available under section 3(k)(1)(C) of the Federal
Transit Act to provide for the purchase of 10 buses, a fuel storage
tank, a bus washer and 2 service vehicles.
(o) LONG BEACH METRO LINK FIXED RAIL PROJECT. -- No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Los Angeles County Transportation Commission which
includes $4,000,000 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act to provide for the completion of alternatives
analysis and preliminary engineering for the Metro Link Project in Long
Beach, California.
(p) LAKEWOOD-FREEHOLD-MATAWAN OR JAMESBURG RAIL PROJECT. -- No later
than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the New Jersey Transit Corporation, which includes,
from funds made available to the Northeastern New Jersey urbanized area
under section 3(k)(1)(B) of the Federal Transit Act, $1,800,000 in
fiscal year 1992 and $3,000,000 in each of fiscal years 1993 and 1994 to
provide for the completion of alternatives analysis, preliminary
engineering, and environmental impact statement for the
Lakewood-Freehold-Matawan or Jamesburg Rail Project.
(q) SAN FRANCISCO, CALIFORNIA. -- No later than April 30, 1992, the
Secretary shall enter into a grant agreement for $2,500,000 from funds
made available under section 3(k)(1)(C) for fiscal year 1992 to
construct a parking facility as part of a multimodal transportation
facility in the vicinity of California Pacific Medical Center, San
Francisco, California.
(r) CHARLOTTE LIGHT RAIL STUDY. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
City of Charlotte, North Carolina, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act, $125,000
in fiscal year 1992 and $375,000 in fiscal year 1993 to provide for the
completion of systems planning and alternatives analysis for a priority
light rail corridor in the Charlotte metropolitan area.
(s) BUCKHEAD PEOPLE MOVER CONCEPTUAL ENGINEERING STUDY. -- No later
than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the Atlanta Regional Commission which includes,
from funds made available under section 3(k)(1)(B) of the Federal
Transit Act, $200,000 in fiscal year 1992, to provide for the completion
of a conceptual engineering study for a people mover system in Atlanta,
Georgia.
(t) CLEVELAND DUAL HUB RAIL PROJECT. -- No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Greater Cleveland Regional Transit Authority which includes,
from funds made available under section 3(k)(1)(B) of the Federal
Transit Act, $2,000,000 in fiscal year 1992, $2,000,000 in fiscal year
1993, and $1,000,000 in fiscal year 1994, to provide for the completion
of alternatives analysis on the Cleveland Dual Hub Rail Project.
(u) SAN DIEGO MID COAST LIGHT RAIL PROJECT. -- No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the San Diego Metropolitan Transit Development Board
which includes, from funds made available under section 3(k)(1)(B) of
the Federal Transit Act, $2,000,000 in fiscal year 1992, $5,000,000 in
fiscal year 1993, and $20,000,000 in fiscal year 1994, to provide for
the completion of alternatives analysis and the final environmental
impact statement, and to purchase right-of-way, for the San Diego Mid
Coast Light Rail Project.
(v) CHATTANOOGA DOWNTOWN TROLLEY PROJECT. -- No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Chattanooga Area Regional Transportation Authority which
includes, from funds made available under section 3(k)(1)(B) of the
Federal Transit Act, $1,000,000 in fiscal year 1992 and $1,000,000 in
fiscal year 1993 to provide for the completion of alternatives analysis
on a proposed trolley circulator in downtown Chattanooga, Tennessee.
(w) NORTHEAST OHIO COMMUTER RAIL FEASIBILITY STUDY. -- No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Northeast Ohio Areawide Coordinating Agency which
includes, from funds made available under section 3(k)(1)(B) of the
Federal Transit Act, $800,000 in fiscal year 1992 and $800,000 in fiscal
year 1993 to study the feasibility of providing commuter rail service
connecting urban and suburban areas in northeast Ohio.
(x) RAILTRAN COMMUTER RAIL PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Cities of Dallas and Fort Worth, Texas, which includes, from funds
made available under section 3(k)(1)(B) of the Federal Transit Act,
$2,480,000 in fiscal year 1992, and $3,200,000 in fiscal year 1993 to
provide for preliminary engineering and construction of improvements to
the Dallas/Fort Worth RAILTRAN System.
(y) BUS AND BUS RELATED EQUIPMENT PURCHASES IN JOHNSTOWN,
PENNSYLVANIA. -- No later than April 30, 1992, the Secretary shall
enter into a grant agreement with the Cambria County Transit Authority
for $1,600,000 for fiscal year 1992 from funds made available under
section 3(k)(1)(C) of the Federal Transit Act to provide for the
purchase of 6 midsize buses; spare engines, transmissions, wheels,
tires; wheelchair lifts for urban buses; 20 2-way radios; 29
electronic fareboxes and related equipment; computer hardware and
software; and shop tools, equipment and parts for the Cambria County
Transit System; and a new 400 HP electric motor and related components;
cable replacement; hillside erosion control; park-and-ride
facilities; and a handicapped pedestrian crosswalk for the Johnstown
Inclined Plane.
(z) BUS PURCHASE FOR EUREKA SPRINGS, ARKANSAS. -- No later than
April 30, 1992, the Secretary shall enter into a grant agreement with
Eureka Springs Transit for $63,600 for fiscal year 1992 from funds made
available under section 3(k)(1)(C) of the Federal Transit Act to provide
for the purchase of an electrically powered bus which is accessible to
and usable by individuals with disabilities.
(aa) TUCSON DIAL-A-RIDE PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a grant agreement with the City
of Tucson, Arizona, which includes, from funds made available under
section 3(k)(1)(C) of the Federal Transit Act, $8,000,000 in fiscal year
1992 to make capital improvements related to the Tucson Dial-a-Ride
Project.
(bb) LONG BEACH BUS FACILITY PROJECT. -- No later than April 30,
1992, the Secretary shall negotiate and sign a grant agreement with the
Long Beach Transportation Company to include, from funds made available
under section 3(k)(1)(C) of the Federal Transit Act, $13,875,000 in
fiscal year 1992, to provide for the construction of a bus maintenance
facility in the service area of such company.
(cc) PARK-AND-RIDE LOT. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a grant agreement with the
Southeastern Pennsylvania Transportation Authority which includes, from
funds made available under section 3(k)(1)(C) of the Federal Transit
Act, $4,000,000 in fiscal year 1992 to construct a park-and-ride lot in
suburban Philadelphia, Pennsylvania.
(dd) NASHVILLE INTERMODAL TERMINAL. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a grant agreement with the City
of Nashville, Tennessee, which includes, from funds made available under
section 3(k)(1)(C) of the Federal Transit Act, $3,700,000 in fiscal year
1992 to provide for the construction of an intermodal passenger terminal
in Nashville, Tennessee.
(ee) MAIN STREET TRANSIT MALL. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a grant agreement with the City of
Akron, Ohio, which includes, from funds made available to that State
under section 3(k)(1)(C) of the Federal Transit Act, $1,450,000 in
fiscal year 1992 to provide for preliminary engineering and construction
of an extension to the Main Street Transit Mall.
(ff) PEOPLE MOBILIZER. -- No later than April 30, 1992, the
Secretary shall negotiate and sign a grant agreement with PACE which
includes, from funds made available to the suburban Chicago urbanized
area under section 3(k)(1)(C), $2,300,000 in fiscal year 1992 to make
capital purchases necessary for implementing the people mobilizer
project in such area. The limitation on operating assistance which but
for this section would apply to the people mobilizer project for fiscal
year 1992 under section 9(k)(2)(A) of the Federal Transit Act shall be
increased by $700,000.
(gg) CENTRE AREA TRANSPORTATION AUTHORITY REIMBURSEMENT. --
Notwithstanding any other provision of law, the Secretary shall
reimburse the Centre Area Transportation Authority in State College,
Pennsylvania, from funds made available under section 3(k)(1)(C) of the
Federal Transit Act, $1,000,000 in fiscal year 1992 for costs incurred
by the Centre Area Transportation Authority between August 1989 and
October 1991 in connection with the construction of an administrative
maintenance and bus storage facility.
(hh) KEY WEST, FLORIDA. -- Not later than April 30, 1992, the
Secretary shall negotiate and enter into a grant agreement with the city
of Key West, Florida, which includes, from funds made available under
section 3(k)(1)(C) of the Federal Transit Act, $239,666 in fiscal year
1992 for the cost of purchasing 3 buses.
(ii) BOSTON, MASSACHUSETTS. -- The Secretary shall conduct at a cost
of $250,000 in fiscal year 1992 from funds made available under section
3(k)(1)(B) of the Federal Transit Act a feasibility study of a proposed
rail link between North Station and South Station in Boston,
Massachusetts.
(jj) BUFFALO, NEW YORK. -- No later than April 30, 1992, the
Secretary shall enter into a grant agreement with the Niagara Frontier
Transportation Authority for $2,000,000 for fiscal year 1992 from funds
made available under section 3(k)(1)(C) of the Federal Transit Act to
provide for the construction of metro bus transit centers in the service
area of such transportation authority.
(kk) STATE OF MICHIGAN. -- No later than June 30, 1992, the
Secretary shall enter into a multiyear grant agreement with the State of
Michigan for $10,500,000 for fiscal year 1992, and not less than
$10,000,000 for each of fiscal years 1993 through 1997 from funds made
available under section 3(k)(1)(C) of the Federal Transit Act for the
purchase of buses and bus-related equipment to be distributed among
local transit operators. Of the grant amount for fiscal year 1992,
$500,000 shall be made available for a study of the feasibility of
consolidation of transit services.
(ll) ANN ARBOR, MICHIGAN. -- No later than April 30, 1992, the
Secretary shall enter into a grant agreement with the Ann Arbor
Transportation Authority for $1,500,000 for fiscal year 1992 from funds
made available under section 3(k)(1)(C) of the Federal Transit Act for
the purchase of equipment and software for advanced fare collection
technology.
(mm) BAY AREA RAPID TRANSIT DISTRICT PARKING. -- Not later than
April 30, 1992, the Secretary shall negotiate and enter into a multiyear
grant agreement with the San Francisco Bay Area Rapid Transit District
which includes, from funds made available under section 3(k)(1)(C) of
the Federal Transit Act, $12,600,000 for construction of a parking area
for the planned East Dublin/Pleasanton BART station.
(nn) BALTIMORE-WASHINGTON TRANSPORTATION IMPROVEMENTS PROGRAM. --
The Secretary shall carry out the Baltimore-Washington Transportation
Improvements Program as follows:
(1) BALTIMORE-CENTRAL LIGHT RAIL EXTENSION. -- By entering
into a full funding grant agreement with the Mass Transit
Administration of the Maryland Department of Transportation to
carry out construction of locally preferred alternatives for the
Hunt Valley, Baltimore-Washington International Airport and Penn
Station extensions to the light rail line in Baltimore, Maryland.
The grant agreement under this paragraph shall provide that the
Federal share shall be paid from amounts provided under section
3(k)(1)(B) of the Federal Transit Act as follows:
(A) Not less than $30,000,000 for fiscal year 1993.
(B) Not less than $30,000,000 for fiscal year 1994.
(2) MARC EXTENSIONS. -- By entering into a full funding grant
agreement with the Mass Transit Administration of the Maryland
Department of Transportation for service extensions and other
improvements, including extensions of the MARC commuter rail
system to Frederick and Waldorf, planning and engineering,
purchase of rolling stock and station improvements and expansions.
The grant agreement under this paragraph shall be paid from
amounts provided under section 3(k)(1)(B) of the Federal Transit
Act as follows:
(A) Not less than $60,000,000 for fiscal year 1993.
(B) Not less than $50,000,000 for fiscal year 1994.
(C) Not less than $50,000,000 for fiscal year 1995.
(3) LARGO EXTENSION. -- By entering into a full funding grant
agreement with the State of Maryland or its designee to provide
alternative analysis, the preparation of an environmental impact
statement and preliminary engineering for a proposed rail transit
project to be located in the corridor between the Washington
Metropolitan Area Transit Authority Addison Road rail station and
Largo, Maryland. The grant agreement under this paragraph shall
provide that the Federal share shall be paid from amounts provided
under section 3(k)(1)(B) of the Federal Transit Act in an amount
not less than $5,000,000 for fiscal year 1993.
(oo) MILWAUKEE EAST-WEST CORRIDOR PROJECT. -- The Secretary shall
negotiate and sign a multiyear grant agreement with the State of
Wisconsin which includes $200,000,000 from funds made available under
section 3(k)(1)(B) of the Federal Transit Act to carry out the
construction of the initial segment of the locally preferred alternative
as identified in the alternatives analysis of the Milwaukee East-West
Corridor Project.
(pp) BOSTON TO PORTLAND TRANSPORTATION CORRIDOR. -- If the State of
Maine or an agency thereof decides to initiate commuter rail service in
the Boston to Portland transportation corridor, $30,000,000 under
section 3(k)(1)(B) is authorized to be appropriated for capital
improvements to allow such service.
(qq) NORTHEAST PHILADELPHIA COMMUTER RAIL STUDY. -- No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Southeastern Pennsylvania Transportation Authority,
which includes $400,000 from funds made available to the Philadelphia
urbanized area under section 3(k)(1)(B) of the Federal Transit Act to
provide for a study of the feasibility of instituting commuter rail
service as an alternative to automobile travel to Center City
Philadelphia on I-95.
(rr) ATLANTA COMMUTER RAIL STUDY. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Atlanta Regional Commission which includes, from funds made
available to the Atlanta urbanized area under section 3(k)(1)(B) of the
Federal Transit Act, $100,000 to study the feasibility of instituting
commuter rail service in the Greensboro corridor.
(ss) PITTSBURGH LIGHT RAIL REHABILITATION PROJECT. -- No later than
90 days after the date of the enactment of this Act, the Secretary shall
negotiate and sign a multiyear grant agreement with the Port Authority
of Allegheny County which includes $5,000,000 from funds made available
to the Pittsburgh urbanized area under section 3(k)(1)(B) of the Federal
Transit Act to complete preliminary engineering for Stage II LRT
rehabilitation in Allegheny County, Pennsylvania.
(tt) ATLANTA NORTH LINE EXTENSION. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Metropolitan Atlanta Rapid Transit Authority which includes
$329,000,000 from funds made available under section 3(k)(1)(B) of the
Federal Transit Act to carry out the construction of the locally
preferred alternative for a 3.1 mile extension of the North Line of the
heavy rail rapid transit system in Atlanta, Georgia.
(uu) HOUSTON PRIORITY CORRIDOR FIXED GUIDEWAY PROJECT. -- Provided
that a locally preferred alternative for the Priority Corridor fixed
guideway project has been selected by March 1, 1992, no later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Metropolitan Transit Authority of Harris County which
includes $500,000,000 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act to carry out the construction of such locally
preferred alternative.
(vv) JACKSONVILLE AUTOMATED SKYWAY EXPRESS EXTENSION. -- No later
than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the Jacksonville Transportation Authority which
includes $71.2 million from funds made available under section
3(k)(1)(B) of the Federal Transit Act to carry out the construction of
the locally preferred alternative for a 1.8 mile extension to the
Automated Skyway Express starter line.
(ww) HONOLULU RAPID TRANSIT PROJECT. -- No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the City and County of Honolulu which includes $618,000,000 from
funds made available under section 3(k)(1)(B) of the Federal Transit Act
to carry out the construction of the locally preferred alternative of a
17.3 mile fixed guideway system.
(xx) SACRAMENTO LIGHT RAIL PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Sacramento Regional Transit District which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act,
$26,000,000 to provide for the completion of alternatives analysis,
preliminary engineering, and final design on proposed extensions to the
light rail system in Sacramento, California.
(yy) PHILADELPHIA CROSS-COUNTY METRO RAIL PROJECT. -- No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Southeastern Pennsylvania Transportation Authority
which includes, from funds made available under section 3(k)(1)(B) of
the Federal Transit Act, $2,400,000 to provide for the completion of
alternatives analysis and preliminary engineering for the Philadelphia
Cross-County Metro Rail Project.
(zz) CLEVELAND BLUE LINE LIGHT RAIL EXTENSION. -- No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Greater Cleveland Regional Transit Authority which
includes, from funds made available under section 3(k)(1)(B) of the
Federal Transit Act, $1,200,000 to provide for the completion of
alternatives analysis and preliminary engineering for an extension of
the Blue Line to Highland Hills, Ohio.
(aaa) DULLES CORRIDOR RAIL PROJECT. -- No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the State of Virginia, or its assignee, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act,
$6,000,000 to provide for the completion of alternatives analysis and
preliminary engineering for a rail corridor from the West Falls Church
Washington Metropolitan Area Transit Authority rail station to Dulles
International Airport.
(bbb) PUGET SOUND CORE RAPID TRANSIT PROJECT. -- Not later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the municipality of metropolitan Seattle, Washington,
which includes, from funds made available under section 3(k)(1)(B) of
the Federal Transit Act, $300,000,000 for the Puget Sound Core Rapid
Transit Project.
(ccc) SEATTLE-TACOMA COMMUTER RAIL. -- Not later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the municipality of metropolitan Seattle, Washington, which
includes, from funds made available under section 3(k)(1)(B) of the
Federal Transit Act, $25,000,000 for the Seattle-Tacoma Commuter Rail
Project.
(ddd) ALTOONA PEDESTRIAN CROSSOVER. -- Not later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the city of Altoona, Pennsylvania, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act,
$3,200,000 for construction of the 14th Street Pedestrian Crossover in
Altoona, Pennsylvania.
(eee) MULTI-MODAL TRANSIT PARKWAY. -- Not later than April 30, 1992,
the Secretary shall negotiate and enter into a multiyear grant agreement
with the State of California which includes, from funds made available
under section 3(k)(1)(B) of the Federal Transit Act, $15,000,000 for
construction of a multi-modal transit parkway in western Los Angeles,
California.
(fff) CANAL STREET CORRIDOR LIGHT RAIL, NEW ORLEANS, LOUISIANA. --
No later than April 30, 1992, the Secretary shall negotiate and sign a
grant agreement with the city of New Orleans, Louisiana, which includes,
from funds made available under section 3(k)(1)(B) of the Federal
Transit Act, $4,800,000 to provide for the completion of alternatives
analysis, preliminary engineering, and an environmental impact statement
for the Canal Street Corridor Light Rail System in New Orleans,
Louisiana.
SEC. 3036. UNOBLIGATED M ACCOUNT BALANCES.
Notwithstanding any other provision of law, any obligated M account
balances remaining available for expenditure as of August 1, 1991, under
"Urban Discretionary Grants" and "Interstate Transfer Grants-Transit" of
the Federal Transit Administration program shall be exempt from the
application of the provisions of section 1405(b)(4) and (b)(6) of Public
Law 101-510 and section 1552 of title 31, United States Code, and shall
be available until expended.
SEC. 3037. TECHNICAL ACCOUNTING PROVISIONS.
Notwithstanding any other provision of law, any funds appropriated
before October 1, 1983, under section 6, 10, 11, or 18 of the Act, or
section 103(e)(4) of title 23, United States Code, in effect on
September 30, 1991, that remain available for expenditure after October
1, 1991, may be transferred to and administered under the most recent
appropriation heading for any such section.
SEC. 3038. REDUCTION IN AUTHORIZATIONS FOR BUDGET COMPLIANCE.
If the total amount authorized by this Act (including amendments made
by this Act) out of the Mass Transit Account of the Highway Trust Fund
exceeds $1,900,000,000 for fiscal year 1992, or exceeds $13,800,000,000
for fiscal years 1992 through 1996, then each amount so authorized shall
be reduced proportionately so that the total equals $1,900,000,000 for
fiscal year 1992, or equals $13,800,000,000 for fiscal years 1992
through 1996, as the case may be.
SEC. 3039. PETROLEUM VIOLATION ESCROW ACCOUNT FUNDS.
Notwithstanding any other provision of law, the Federal Transit
Administration shall allow petroleum violation escrow account funds
spent by the New Jersey Transit Corporation on transit improvements to
be applied as credit towards the non-Federal match for any transit
project funded under the Federal Transit Act. The New Jersey Transit
Corporation shall demonstrate that the use of such a credit does not
result in the reduction in non-Federal funding for transit projects
within the fiscal year in which the credit is applied.
SEC. 3040. "49 USC app. 1602 note" CHARTER SERVICES DEMONSTRATION
PROGRAM.
(a) ESTABLISHMENT. -- Notwithstanding any provision of law, the
Secretary shall implement regulations, not later than 9 months after the
date of the enactment of this Act, in not more than 4 States to permit
transit operators to provide charter services for the purposes of
meeting the transit needs of government, civic, charitable, and other
community activities which otherwise would not be served in a cost
effective and efficient manner.
(b) CONSULTATION. -- In developing such regulations, the Secretary
shall consult with a board that is equally represented by public transit
operators and privately owned charter services.
(c) REPORT. -- Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a report
containing an evaluation of the effectiveness of the demonstration
program regulations established under this section and make
recommendations to improve current charter service regulations.
SEC. 3041. "49 USC app. 1602 note" GAO REPORT ON CHARTER SERVICE
REGULATIONS.
The Comptroller General shall submit to the Congress, not later than
12 months after the date of the enactment of this Act, a report
evaluating the impact of existing charter service regulations. The
report shall --
(1) assess the extent to which the regulations promote or
impede the ability of communities to meet the transportation needs
of government, civic, and charitable organizations in a
cost-effective and efficient manner;
(2) assess the extent to which the regulations promote or
impede the ability of communities to carry out economic
development activities in a cost-effective and efficient manner;
(3) analyze the extent to which public transit operators and
private charter carriers have entered into charter service
agreements pursuant to the regulations; and
(4) analyze the extent to which such agreements enable private
carriers to profit from the provision of charter service by public
transit operators using federally subsidized vehicles.
The report shall also include an assessment of the factors specified in
the preceding sentence within the context of not less than 3 communities
selected by the Comptroller General.
SEC. 3042. 1993 WORLD UNIVERSITY GAMES.
Notwithstanding any other provision of law, before apportionment
under section 9 of the Federal Transit Act of funds provided under
section 21(a)(1) of such Act for fiscal year 1993, $4,000,000 of such
funds shall be made available to the State of New York or to any public
body to which the State further delegates authority, as the designated
recipient for the purposes of this section, to carry out projects by
contracts with private or public service providers to meet the
transportation needs associated with the staging of the 1993 World
University Games in the State of New York. Such funds shall be
available for any purpose eligible under section 9 of such Act without
limitation. The matching requirement for operating assistance under
section 9(k)(1) of such Act shall not apply to funds made available
under this section.
SEC. 3043. OPERATING ASSISTANCE LIMITATION FOR STATEN ISLAND FERRY.
The limitation of operating assistance which, but for this section,
would apply to the Staten Island Ferry for fiscal year 1993 under
section 9(k)(2)(A) of the Federal Transit Act shall be increased by
$2,700,000.
SEC. 3044. FORGIVENESS OF CERTAIN OUTSTANDING OBLIGATIONS.
Notwithstanding the fifth sentence of section 4(a) of the Federal
Transit Act, the outstanding balance on grant agreement number
NC-05-0021 made to the Fayetteville Transit Authority, North Carolina is
forgiven.
SEC. 3045. FORGIVENESS OF LOAN REPAYMENT.
Notwithstanding any other provision of law (including any
regulation), the outstanding balances on the following loan agreements
do not have to be repaid:
(1) Loan agreement number PA-03-9002 made to the Southeastern
Pennsylvania Transit Authority.
(2) Loan agreement number PA-03-9003 made to the Southeastern
Pennsylvania Transit Authority.
SEC. 3046. MODIFIED BUS SERVICE TO ACCOMMODATE THE NEEDS OF
STUDENTS.
Nothing in the Federal Transit Act, including the regulations issued
to carry out such Act, shall be construed to prohibit the use of buses
acquired or operated with Federal assistance under such Act to provide
tripper bus service in New York City, New York, to accommodate the needs
of students, if such buses carry normal designations and clear markings
that such buses are open to the general public. For the purposes of
this section, the term "tripper bus service" shall have the meaning such
term has on the date of the enactment of this Act in regulations issued
pursuant to the Federal Transit Act and shall include the service
provided by express buses operating along regular routes and as
indicated in published route schedules.
SEC. 3047. "49 USC app. 1604 note" ELIGIBILITY DETERMINATIONS FOR
DISABILITY.
(a) STUDY. -- The Secretary shall conduct a study of procedures for
determining disability for the purpose of obtaining off peak reduced
fares under section 5(m) of the Federal Transit Act. The study should
review different requirements, degree of uniformity, and degree of
reciprocity between transit systems.
(b) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Secretary shall report to Congress on the
results of the study conducted under this section.
SEC. 3048. MILWAUKEE ALTERNATIVES ANALYSIS APPROVAL.
No later than January 15, 1992, the Secretary shall enter into an
agreement with the Wisconsin Department of Transportation giving
approval to undertake an alternatives analysis for the East-West Central
Milwaukee Corridor. The alternatives analysis shall be funded entirely
from non-Federal sources.
SEC. 4001. "49 USC app. 2301 note" SHORT TITLE.
This title may be cited as the "Motor Carrier Act of 1991".
SEC. 4002. MOTOR CARRIER SAFETY GRANT PROGRAM AMENDMENTS.
(a) CONTENTS OF STATE PLANS. -- Section 402(b)(1) of the Surface
Transportation Assistance Act of 1982 (49 U.S.C. App. 2302(b)(1)) is
amended --
(1) by striking subparagraph (D) and inserting the following
new subparagraph:
"(D) provides a right of entry and inspection to carry out the
plan and provides that the State will grant maximum reciprocity
for inspections conducted pursuant to the North American
Inspection Standard, through the use of a nationally accepted
system allowing ready identification of previously inspected
commercial motor vehicles;";
(2) by striking "and" at the end of subparagraph (F);
(3) by striking the period of subparagraph (G) and inserting a
semicolon; and
(4) by adding at the end the following new subparagraphs:
"(H) ensures that activities described in paragraphs (1), (2),
and (3) of subsection (e) if funded with grants under this section
will not diminish the effectiveness of development and
implementation of commercial motor vehicle safety programs
described in subsection (a);
"(I) ensures that fines imposed and collected by the State for
violations of commercial motor vehicle safety regulations will be
reasonable and appropriate and provides that, to the maximum
extent practicable, the State will seek to implement into law and
practice the recommended fine schedule published by the Commercial
Vehicle Safety Alliance;
"(J) ensures that such State agency will coordinate the plan
prepared under this section with the State highway safety plan
under section 402 of title 23, United States Code;
"(K) ensures participation by the 48 contiguous States in
SAFETYNET by January 1, 1994;
"(L) gives satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement of
State and local traffic safety laws and regulations pertaining to
commercial motor vehicle safety;
"(M) gives satisfactory assurances that the State will promote
activities --
"(i) to remove impaired commercial motor vehicle drivers from
our Nation's highways through adequate enforcement of regulations
on the use of alcohol and controlled substances and by ensuring
ready roadside access to alcohol detection and measuring
equipment;
"(ii) to provide an appropriate level of training to its motor
carrier safety assistance program officers and employees on the
recognition of drivers impaired by alcohol or controlled
substances;
"(iii) to promote enforcement of the requirements relating to
the licensing of commercial motor vehicle drivers, especially
including the checking of the status of commercial drivers'
licenses; and
"(iv) to improve enforcement of hazardous materials
transportation regulations by encouraging more inspections of
shipper facilities affecting highway transportation and more
comprehensive inspections of the loads of commercial motor
vehicles transporting hazardous materials; and
"(N) give satisfactory assurance that the State will promote --
"(i) effective interdiction activities affecting the
transportation of controlled substances by commercial motor
vehicle drivers and training on appropriate strategies for
carrying out such interdiction activities; and
"(ii) effective use of trained and qualified officers and
employees of political subdivisions and local governments, under
the supervision and direction of the State motor vehicle safety
agency, in the enforcement of regulations affecting commercial
motor vehicle safety and hazardous materials transportation
safety.".
(b) MAINTENANCE OF EFFORT. -- Section 402(d) "49 USC app. 2302" of
such Act is amended --
(1) by inserting "and for enforcement of commercial motor
vehicle size and weight limitations, for drug interdiction, and
for enforcement of State traffic safety laws and regulations
described in subsection (e)" after "programs";
(2) by striking "two" and inserting "3";
(3) by striking "this section" the second place it appears and
inserting "the Intermodal Surface Transportation Efficiency Act of
1991"; and
(4) by adding at the end the following new sentence: "In
estimating such average level, the Secretary may allow the State
to exclude State expenditures for federally sponsored
demonstration or pilot programs and shall require the State to
exclude Federal funds and State matching funds used to receive
Federal funding under this section.".
(c) USE OF GRANT FUNDS FOR ENFORCEMENT OF CERTAIN OTHER LAWS. --
Section 402 of such Act is amended by adding at the end the following
new subsection:
"(e) USE OF GRANT FUNDS FOR ENFORCEMENT OF CERTAIN OTHER LAWS. -- A
State may use funds received under a grant under this section --
"(1) for enforcement of commercial motor vehicle size and
weight limitations at locations other than fixed weight
facilities, at specific geographical locations (such as steep
grades or mountainous terrains) where the weight of a commercial
motor vehicle can significantly affect the safe operation of such
vehicle, or at seaports where intermodal shipping containers enter
and exit the United States;
"(2) for detecting the unlawful presence of a controlled
substance (as defined under section 102 of the Controlled
Substances Act (21 U.S.C. 802)) in a commercial motor vehicle or
on the person of any occupant (including the operator) of such a
vehicle; and
"(3) for enforcement of State traffic laws and regulations
designed to promote safe operation of commercial motor vehicles;
if such activities are carried out in conjunction with an appropriate
type of inspection of the commercial motor vehicle for enforcement of
Federal or State commercial motor vehicle safety regulations.".
(d) FEDERAL SHARE. -- Section 403 of such Act (49 U.S.C. App. 2303)
is amended by inserting after the first sentence the following new
sentence: "In determining such costs incurred by the State, the
Secretary shall include in-kind contributions by the State.".
(e) AUTHORIZATION OF APPROPRIATIONS. -- Section 404 of such Act (49
U.S.C. App. 2304) is amended --
(1) in subsection (a)(2) by striking "and" before "$60,000,000"
and inserting a comma; and
(2) by striking the period at the end of subsection (a)(2) and
inserting ", $65,000,000 for fiscal year 1992, $76,000,000 for
fiscal year 1993, $80,000,000 for fiscal year 1994, $83,000,000
for fiscal year 1995, $85,000,000 for fiscal year 1996, and
$90,000,000 for fiscal year 1997.".
(f) AVAILABILITY, RELEASE, AND REALLOCATION OF FUNDS. -- Section
404(c) of such Act is amended to read as follows:
"(c) AVAILABILITY, RELEASE, AND REALLOCATION OF FUNDS. -- Funds made
available by this section shall remain available for obligation by the
Secretary until expended. Allocations to a State shall remain available
for expenditure in that State for the fiscal year in which they are
allocated and 1 succeeding fiscal year. Funds not expended by a State
during those 2 fiscal years shall be released to the Secretary for
reallocation. Funds made available under this part which, as of October
1, 1992, were not obligated shall be available for reallocation and
obligation under this subsection.".
(g) ALLOCATIONS. -- Section 404(f) of such Act is amended to read as
follows:
"(f) ADMINISTRATIVE EXPENSES; ALLOCATION CRITERIA. --
"(1) DEDUCTION FOR ADMINISTRATIVE EXPENSES. -- On October 1 of
each fiscal year, or as soon thereafter as is practicable, the
Secretary may deduct, for administration of this section for that
fiscal year, not to exceed 1.25 percent of the funds made
available for that fiscal year by subsection (a)(2). At least 75
percent of the funds so deducted for administration shall be used
for the training of non-Federal employees, and the development of
related training materials, to carry out the purposes of section
402.
"(2) ALLOCATION CRITERIA. -- On October 1 of each fiscal year,
or as soon thereafter as is practicable, the Secretary, after
making the deduction authorized by paragraph (1), shall allocate,
among the States with plans approved under section 402, the
available funds for that fiscal year, pursuant to criteria
established by the Secretary; except that the Secretary, in
allocating funds available for research, development, and
demonstration under subsection (g)(5) and for public education
under subsection (g)(6), may designate specific eligible States
among which to allocate such funds.".
(h) FUNDING FOR SPECIFIED PROGRAMS. -- Section 404 of such Act is
further amended by adding at the end of such section the following new
subsection:
"(g) FUNDING FOR SPECIFIED PROGRAMS. --
"(1) TRAINING OF HAZMAT INSPECTORS. -- The Secretary shall
obligate from funds made available by subsection (a)(2) for each
fiscal year beginning after September 30, 1992, not less than
$1,500,000 to make grants to States for training inspectors for
enforcement of regulations which are issued by the Secretary and
pertain to transportation by commercial motor vehicle of hazardous
materials.
"(2) COMMERCIAL MOTOR VEHICLE INFORMATION SYSTEM REVIEW. --
The Secretary may obligate from funds made available by subsection
(a)(2) for each of fiscal years 1992, 1993, 1994, 1995, 1996, and
1997 not to exceed $2,000,000 to carry out section 407 of this
title, relating to the commercial motor vehicle information
system.
"(3) TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM. -- The
Secretary may obligate from funds made available by subsection
(a)(2) for each of fiscal years 1993, 1994, 1995, 1996, and 1997
not to exceed $2,000,000 to carry out section 408 of this title,
relating to the truck and bus accident data grant program.
"(4) ENFORCEMENT. --
"(A) TRAFFIC ENFORCEMENT ACTIVITIES. -- The Secretary shall
obligate from funds made available by subsection (a)(2) for each
of fiscal years 1993, 1994, and 1995 not less than $4,250,000 and
for each of fiscal years 1996 and 1997 not less than $5,000,000
for traffic enforcement activities with respect to commercial
motor vehicle drivers which are carried out in conjunction with an
appropriate inspection of a commercial motor vehicle for
compliance with Federal or State commercial motor vehicle safety
regulations.
"(B) LICENSING REQUIREMENTS. -- The Secretary shall obligate
from the funds made available by subsection (a)(2) not less than
$1,000,000 for each of fiscal years 1993, 1994, and 1995 to
increase enforcement of the licensing requirements of the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 2701 App.
et seq.) by motor carrier safety assistance program officers and
employees, including the cost of purchasing equipment for and
conducting inspections to check the current status of licenses
issued pursuant to such Act.
"(5) RESEARCH AND DEVELOPMENT. -- The Secretary shall obligate
from funds made available by subsection (a)(2) not less than
$500,000 for any fiscal year for research, development, and
demonstration of technologies, methodologies, analyses, or
information systems designed to promote the purposes of section
402 and which are beneficial to all jurisdictions. Such funds
shall be announced publicly and awarded competitively, whenever
practicable, to any of the eligible States for up to 100 percent
of the State costs, or to other persons as determined by the
Secretary.
"(6) PUBLIC EDUCATION. -- The Secretary shall obligate from
funds made available by subsection (a)(2) for any fiscal year not
less than $350,000 to educate the motoring public on how to share
the road safely with commercial motor vehicles. In carrying out
such education activities, the States shall consult with
appropriate industry representatives.".
(i) PAYMENTS TO STATES. -- Section 404 of such Act is further
amended by adding at the end the following new subsection:
"(h) PAYMENTS TO STATES. -- The Secretary shall make payments to a
State of costs incurred by it under this section and section 402, as
reflected by vouchers submitted by the State. Payments shall not exceed
the Federal share of costs incurred as of the date of the vouchers.".
(j) MOTOR CARRIER SAFETY FUNCTIONS. -- There is authorized to be
appropriated for the motor carrier safety functions of the Federal
Highway Administration $49,317,000 for fiscal year 1992.
(k) "49 USC app. 2304 note" NEW FORMULA FOR ALLOCATION OF FUNDS. --
Not later than 6 months after the date of the enactment of this Act, the
Secretary, by regulation, shall develop an improved formula and
processes for the allocation among eligible States of the funds made
available under the motor carrier safety assistance program. In
conducting such a revision, the Secretary shall take into account ways
to provide incentives to States that demonstrate innovative, successful,
cost-efficient, or cost-effective programs to promote commercial motor
vehicle safety and hazardous materials transportation safety. In
particular, the Secretary shall place special emphasis on incentives to
States that conduct traffic safety enforcement activities that are
coupled with motor carrier safety inspections. In improving the
formula, the Secretary shall also take into account ways to provide
incentives to States that increase compatibility of State commercial
motor vehicle safety and hazardous materials transportation regulations
with the Federal safety regulations and promote other factors intended
to promote effectiveness and efficiency that the Secretary determines
appropriate.
(l) "49 USC app. 2302 note" INTRASTATE COMPATIBILITY. -- Not later
than 9 months after the date of the enactment of this Act, the Secretary
shall issue final regulations specifying tolerance guidelines and
standards for ensuring compatibility of intrastate commercial motor
vehicle safety law and regulations with the Federal motor carrier safety
regulations under the motor carrier safety assistance program. Such
guidelines and standards shall, to the extent practicable, allow for
maximum flexibility while ensuring the degree of uniformity that will
not diminish transportation safety. In the review of State plans and
the allocation or granting of funds under section 153 of title 23,
United States Code, as added by this Act, the Secretary shall ensure
that such guidelines and standards are applied uniformly.
SEC. 4003. COMMERCIAL MOTOR VEHICLE INFORMATION SYSTEM.
Part A of title IV of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2301-2305) is amended by adding at the end the
following new section:
"SEC. 407. "49 USC app. 2306" COMMERCIAL VEHICLE INFORMATION SYSTEM
PROGRAM.
"(a) INFORMATION SYSTEM. --
"(1) REGISTRATION SYSTEMS REVIEW. -- Not later than 1 year
after the effective date of this section, the Secretary, in
cooperation with the States, shall conduct a review of State motor
vehicle registration systems pertaining to license tags for
commercial motor vehicles in order to determine whether or not
such systems could be utilized in carrying out this section.
"(2) ESTABLISHMENT. -- The Secretary, in cooperation with the
States, may establish, as part of the motor carrier safety
information network system of the Department of Transportation and
similar State systems, an information system which will serve as a
clearinghouse and depository of information pertaining to State
registration and licensing of commercial motor vehicles and the
safety fitness of the registrants of such vehicles.
"(3) OPERATION. -- Operation of the information system
established under paragraph (2) shall be paid for by a system of
user fees. The Secretary may authorize the operation of the
information system by contract, through an agreement with a State
or States, or by designating, after consultation with the States,
a third party which represents the interests of the States.
"(4) DATA COLLECTION AND REPORTING STANDARDS. -- The Secretary
shall establish standards to ensure uniform data collection and
reporting by all States necessary to carry out this section and to
ensure the availability and reliability of the information to the
States and the Secretary from the information system established
under paragraph (2).
"(5) TYPE OF INFORMATION. -- As part of the information system
established under paragraph (2), the Secretary shall include
information on the safety fitness of the registrant of the
commercial motor vehicle and such other information as the
Secretary considers appropriate, including data on vehicle
inspections and out-of-service orders.
"(b) DEMONSTRATION PROJECT. -- The Secretary shall make grants to
States to carry out a project to demonstrate methods of establishing an
information system which will link the motor carrier safety information
network system of the Department of Transportation and similar State
systems with the motor vehicle registration and licensing systems of the
States. The purposes of the project shall be --
"(1) to allow a State when issuing license plates for a commercial
motor vehicle to determine through use of the information system
the safety fitness of the person seeking to register the vehicle;
and
"(2) to determine the types of sanctions which may be imposed
on the registrant, or the types of conditions or limitations which
may be imposed on the operations of the registrant, to ensure the
safety fitness of the registrant.
"(c) REGULATIONS. -- The Secretary shall issue such regulations as
may be necessary to carry out this section.
"(d) REPORT. -- Not later than January 1, 1995, the Secretary shall
prepare and submit to Congress a report assessing the cost and benefits
and feasibility of the information system established under this section
and, if the Secretary determines that such system would be beneficial on
a nationwide basis, including recommendations on legislation for the
nationwide implementation of such system.
"(e) FUNDING. -- Funds necessary to carry out this section may be
made available by the Secretary as provided in section 404(g)(2) of this
title.
"(f) COMMERCIAL MOTOR VEHICLE DEFINED. -- For purposes of this
section, the term 'commercial motor vehicle' means any self-propelled or
towed vehicle used on highways in intrastate or interstate commerce to
transport passengers or property --
"(1) if such vehicle has a gross vehicle weight rating of
10,001 or more pounds;
"(2) if such vehicle is designed to transport more than 15
passengers, including the driver; or
"(3) if such vehicle is used in the transportation of materials
found by the Secretary to be hazardous for the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. App. 1801 et
seq.) and are transported in a quantity requiring placarding under
regulations issued by the Secretary under such Act.".
SEC. 4004. TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM.
Part A of title IV of the Surface Transportation Assistance Act of
1982 (49 U.S.C. App. 2301-2305) is further amended by adding at the end
the following new section:
"SEC. 408. "49 USC app. 2307" TRUCK AND BUS ACCIDENT DATA GRANT
PROGRAM.
"(a) GENERAL AUTHORITY. -- The Secretary shall make grants to States
which agree to adopt or have adopted the recommendations of the National
Governors' Association with respect to police accident reports for truck
and bus accidents.
"(b) GRANT PURPOSES. -- Grants may only be made under this section
for assisting States in the implementation of the recommendations
referred to in subsection (a), including --
"(1) assisting States in designing appropriate forms;
"(2) drafting instruction manuals;
"(3) training appropriate State and local officers, including
training on accident investigation techniques to determine the
probable cause of accidents;
"(4) analyzing and evaluating safety data so as to develop, if
necessary, recommended changes to existing safety programs that
more effectively would address the causes of truck and bus
accidents; and
"(5) such other activities as the Secretary determines are
appropriate to carry out the objectives of this section.
"(c) COORDINATION. -- The Secretary shall coordinate grants made
under this section with the highway safety programs being carried out
under section 402 of title 23, United States Code, and may require that
the data from the reports described in subsection (a) be included in the
reports made to the Secretary under the uniform data collection and
reporting program carried out under such section.
"(d) FUNDING. -- Funds necessary to carry out this section may be
made available by the Secretary as provided in section 404(g)(3) of this
title.".
SEC. 4005. SINGLE STATE REGISTRATION SYSTEM.
Section 11506 of title 49, United States Code, is amended to read as
follows:
"Section 11506. Registration of motor carriers by a State
"(a) DEFINITIONS. -- In this section, the terms 'standards' and
'amendments to standards' mean the specification of forms and procedures
required by regulations of the Interstate Commerce Commission to prove
the lawfulness of transportation by motor carrier referred to in section
10521(a)(1) and (2) of this title.
"(b) GENERAL RULE. -- The requirement of a State that a motor
carrier, providing transportation subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title and
providing transportation in that State, register the certificate or
permit issued to the carrier under section 10922 or 10923 of this title
is not an unreasonable burden on transportation referred to in section
10521(a)(1) and (2) of this title when the registration is completed
under standards of the Commission under subsection (c) of this section.
When a State registration requirement imposes obligations in excess of
the standards, the part in excess is an unreasonable burden.
"(c) SINGLE STATE REGISTRATION SYSTEM. --
"(1) IN GENERAL. -- Not later than 18 months after the date of
the enactment of the Intermodal Surface Transportation Efficiency
Act of 1991, the Commission shall prescribe amendments to the
standards existing as of such date of enactment. Such amendments
shall implement a system under which --
"(A) a motor carrier is required to register annually with only
one State;
"(B) the State of registration shall fully comply with
standards prescribed under this section; and
"(C) such single State registration shall be deemed to satisfy
the registration requirements of all other States.
"(2) SPECIFIC REQUIREMENTS. --
"(A) EVIDENCE OF CERTIFICATE; PROOF OF INSURANCE; PAYMENT OF
FEES. -- Under the amended standards implementing the single
State registration system described in paragraph (1) of this
subsection, only a State acting in its capacity as registration
State under such single State system may require a motor carrier
holding a certificate or permit issued under this subtitle --
"(i) to file and maintain evidence of such certificate or
permit;
"(ii) to file satisfactory proof of required insurance or
qualification as a self-insurer;
"(iii) to pay directly to such State fee amounts in accordance
with the fee system established under subparagraph (B)(iv) of this
paragraph, subject to allocation of fee revenues among all States
in which the carrier operates and which participate in the single
State registration system; and
"(iv) to file the name of a local agent for service of process.
"(B) RECEIPTS; FEE SYSTEM. -- Such amended standards --
"(i) shall require that the registration State issue a receipt,
in a form prescribed under the amended standards, reflecting that
the carrier has filed proof of insurance as provided under
subparagraph (A)(ii) of this paragraph and has paid fee amounts in
accordance with the fee system established under clause (iv) of
this subparagraph;
"(ii) shall require that copies of the receipt issued under
clause (i) of this subparagraph be kept in each of the carrier's
commercial motor vehicles;
"(iii) shall not require decals, stamps, cab cards, or any
other means of registering or identifying specific vehicles
operated by the carrier;
"(iv) shall establish a fee system for the filing of proof of
insurance as provided under subparagraph (A)(ii) of this paragraph
that (I) will be based on the number of commercial motor vehicles
the carrier operates in a State and on the number of States in
which the carrier operates, (II) will minimize the costs of
complying with the registration system, and (III) will result in a
fee for each participating State that is equal to the fee, not to
exceed $10 per vehicle, that such State collected or charged as of
November 15, 1991; and
"(v) shall not authorize the charging or collection of any fee
for filing and maintaining a certificate or permit under
subparagraph (A)(i) of this paragraph.
"(C) PROHIBITED FEES. -- The charging or collection of any fee
under this section that is not in accordance with the fee system
established under subparagraph (B)(iv) of this paragraph shall be
deemed to be a burden on interstate commerce.
"(D) LIMITATION ON PARTICIPATION BY STATES. -- Only a State
which, as of January 1, 1991, charged or collected a fee for a
vehicle identification stamp or number under part 1023 of title
49, Code of Federal Regulations, shall be eligible to participate
as a registration State under this subsection or to receive any
fee revenue under this subsection.
"(3) EFFECTIVE DATE OF AMENDMENTS. -- Amendments prescribed
under this subsection shall take effect by January 1, 1994.
"(d) INTERPRETATION AUTHORITY OF COMMISSION. -- This section does
not affect the authority of the Commission to interpret its regulations
and certificates and permits issued under section 10922 or 10923 of this
title.".
SEC. 4006. VEHICLE LENGTH RESTRICTION.
(a) CARGO CARRYING UNIT LIMITATION. -- Section 411 of the Surface
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is amended
by adding at the end the following new subsection:
"(j) CARGO CARRYING UNIT LIMITATION. --
"(1) IN GENERAL. -- No State shall allow by statute,
regulation, permit, or any other means the operation on any
segment of the National System of Interstate and Defense Highways
and those classes of qualifying Federal-aid primary system
highways as designated by the Secretary pursuant to subsection (e)
of this section, of any commercial motor vehicle combination
(except for those vehicles and loads which cannot be easily
dismantled or divided and which have been issued special permits
in accordance with applicable State laws) with 2 or more cargo
carrying units (not including the truck tractor) whose cargo
carrying units exceed --
"(A) the maximum combination trailer, semitrailer, or other
type of length limitation authorized by statute or regulation of
that State on or before June 1, 1991; or
"(B) the length of the cargo carrying units of those commercial
motor vehicle combinations, by specific configuration, in actual,
lawful operation on a regular or periodic basis (including
continuing seasonal operation) in that State on or before June 1,
1991.
"(2) WYOMING, OHIO, AND ALASKA. --
"(A) WYOMING. -- In addition to those vehicles allowed under
paragraphs (1)(A) and (1)(B), the State of Wyoming may allow the
operation of additional vehicle configurations not in actual
operation on June 1, 1991, but authorized by State law not later
than November 3, 1992, if such vehicle configurations comply with
the single axle, tandem axle, and bridge formula limits set forth
in section 127(a) of title 23, United States Code, and do not
exceed 117,000 pounds gross vehicle weight.
"(B) OHIO. -- In addition to vehicles which the State of Ohio
may continue to allow to be operated under paragraphs (1)(A) and
(1)(B), such State may allow commercial motor vehicle combinations
with 3 cargo carrying units of 28 1/2 feet each (not including the
truck tractor) not in actual operation on June 1, 1991, to be
operated within its boundaries on the 1-mile segment of Ohio State
Route 7 which begins at and is south of exit 15 of the Ohio
Turnpike.
"(C) ALASKA. -- In addition to vehicles which the State of
Alaska may continue to allow to be operated under paragraphs
(1)(A) and (1)(B), such State may allow operation of commercial
motor vehicle combinations which were not in actual operation on
June 1, 1991, but which were in actual operation prior to July 6,
1991.
"(3) MEASUREMENT OF LENGTH. -- For purposes of this
subsection, the length of the cargo carrying units of a commercial
motor vehicle combination is the length measured from the front of
the first cargo carrying unit to the rear of the last cargo
carrying unit.
"(4) LIMITATIONS. -- Commercial motor vehicle combinations
whose operations in a State are not prohibited under paragraphs
(1) and (2) of this subsection may continue to operate in such
State on the highways described in paragraph (1) only if in
compliance with, at the minimum, all State statutes, regulations,
limitations, and conditions, including but not limited to
routing-specific and configuration-specific designations and all
other restrictions in force in such State on June 1, 1991; except
that subject to such regulations as may be issued by the
Secretary, pursuant to paragraph (8) of this subsection, the State
may make minor adjustments of a temporary and emergency nature to
route designations and vehicle operating restrictions in effect on
June 1, 1991, for specific safety purposes and road construction.
Nothing in this subsection shall prevent any State from further
restricting in any manner or prohibiting the operation of any
commercial motor vehicle combination subject to this subsection,
except that such restrictions or prohibitions shall be consistent
with the requirements of this section and of section 412 and
section 416(a) and (b) of this Act. Any State further restricting
or prohibiting the operations of commercial motor vehicle
combinations or making such minor adjustments of a temporary and
emergency nature as may be allowed pursuant to regulations issued
by the Secretary pursuant to paragraph (8) of this subsection
shall advise the Secretary within 30 days after such action and
the Secretary shall publish a notice of such action in the Federal
Register.
"(5) LIST OF STATE LENGTH LIMITATIONS. --
"(A) SUBMISSION TO SECRETARY. -- Within 60 days after the date
of the enactment of this subsection, each State shall submit to
the Secretary for publication a complete list of State length
limitations applicable to commercial motor vehicle combinations
operating in each State on the highways described in paragraph
(1). The list shall indicate the applicable State statutes and
regulations associated with such length limitations. If a State
does not submit information as required, the Secretary shall
complete and file such information for such State.
"(B) INTERIM LIST. -- Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall publish an
interim list in the Federal Register, consisting of all
information submitted pursuant to subparagraph (A). The Secretary
shall review for accuracy all information submitted by the States
pursuant to subparagraph (A) and shall solicit and consider public
comment on the accuracy of all such information.
"(C) LIMITATION. -- No statute or regulation shall be included
on the list submitted by a State or published by the Secretary
merely on the grounds that it authorized, or could have
authorized, by permit or otherwise, the operation of commercial
motor vehicle combinations not in actual operation on a regular or
periodic basis on or before June 1, 1991.
"(D) FINAL LIST. -- Except as modified pursuant to
subparagraph (B) or (E) of this subsection, the list shall be
published as final in the Federal Register not later than 180 days
after the date of the enactment of this subsection. In publishing
the final list, the Secretary shall make any revisions necessary
to correct inaccuracies identified under subparagraph (B). After
publication of the final list, commercial motor vehicle
combinations prohibited under paragraph (1) may not operate on the
National System of Interstate and Defense Highways and other
Federal-aid primary system highways as designated by the Secretary
except as published on the list. The list may be combined by the
Secretary with the list required under section 127(d) of title 23,
United States Code.
"(E) REVIEW AND CORRECTION PROCEDURE. -- The Secretary, on his
or her own motion or upon a request by any person (including a
State), shall review the list issued by the Secretary pursuant to
subparagraph (D). If the Secretary determines there is cause to
believe that a mistake was made in the accuracy of the final list,
the Secretary shall commence a proceeding to determine whether the
list published pursuant to subparagraph (D) should be corrected.
If the Secretary determines that there is a mistake in the
accuracy of the list, the Secretary shall correct the publication
under subparagraph (D) to reflect the determination of the
Secretary.
"(6) LIMITATIONS ON STATUTORY CONSTRUCTION. -- Nothing in this
subsection shall be construed to --
"(A) allow the operation on any segment of the National System
of Interstate and Defense Highways of any longer combination
vehicle prohibited under section 127(d) of title 23, United States
Code;
"(B) affect in any way the operation of commercial motor
vehicles having only 1 cargo carrying unit; or
"(C) affect in any way the operation in a State of commercial
motor vehicles with 2 or more cargo carrying units if such
vehicles were in actual operation on a regular or periodic basis
(including seasonal operation) in that State on or before June 1,
1991, authorized under State statute, regulation, or lawful State
permit.
"(7) CARGO CARRYING UNIT DEFINED. -- As used in this
subsection, 'cargo carrying unit' means any portion of a
commercial motor vehicle combination (other than the truck
tractor) used for the carrying of cargo, including a trailer,
semitrailer, or the cargo carrying section of a single unit truck.
"(8) REGULATIONS REGARDING MINOR ADJUSTMENTS. -- Not later
than 180 days after the date of the enactment of this subsection,
the Secretary shall issue regulations establishing criteria for
the States to follow in making minor adjustments under paragraph
(4).
"(9) REGULATIONS FOR DEFINING NONEASILY DISMANTLED OR DIVIDED
LOADS. -- For the purposes of this subsection only, the Secretary
shall define by regulation loads which cannot be easily dismantled
or divided.".
(b) APPLICABILITY TO BUSES. --
(1) GENERAL RULE. -- Section 411(a) of such Act "49 USC app.
2311" is amended by inserting "of less than 45 feet on the length
of any bus," after "vehicle length limitation".
(2) ACCESS TO POINTS OF LOADING AND UNLOADING. -- Section
412(a)(2) of such Act "49 USC app. 2312" is amended by inserting
", motor carrier of passengers," after "household goods carriers".
(c) CONFORMING AMENDMENT. -- Section 411(e)(1) of such Act is
amended by striking "those Primary System highways" and inserting "those
highways of the Federal-aid primary system in existence on June 1,
1991,".
SEC. 4007. "49 USC app. 2302 note" TRAINING OF DRIVERS; LONGER
COMBINATION VEHICLE REGULATIONS, STUDIES, AND TESTING.
(a) ENTRY LEVEL. --
(1) STUDY OF PRIVATE SECTOR. -- Not later than 12 months after
the date of the enactment of this Act, the Secretary shall report
to Congress on the effectiveness of the efforts of the private
sector to ensure adequate training of entry level drivers of
commercial motor vehicles. In preparing the report, the Secretary
shall solicit the views of interested persons.
(2) RULEMAKING PROCEEDING. -- Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
commence a rulemaking proceeding on the need to require training
of all entry level drivers of commercial motor vehicles. Such
rulemaking proceeding shall be completed not later than 24 months
after the date of such enactment.
(3) FOLLOWUP STUDY. -- If the Secretary determines under the
proceeding conducted under paragraph (2) that it is not in the
public interest to issue a rule that requires training for all
entry level drivers, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives not later than 25 months after the date of the
enactment of this Act a report on the reasons for such decision,
together with the results of a cost benefit analysis which the
Secretary shall conduct with respect to such proceeding.
(b) LCVS TRAINING REQUIREMENTS. --
(1) INITIATION OF RULEMAKING PROCEEDING. -- Not later than 60
days after the date of the enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to establish minimum
training requirements for operators of longer combination
vehicles. This training shall include certification of an
operator's proficiency by an instructor who has met the
requirements established by the Secretary.
(2) FINAL RULE. -- Not later than 24 months after the date of
the enactment of this Act, the Secretary shall issue a final
regulation establishing minimum training requirements for
operators of longer combination vehicles.
(c) SAFETY CHARACTERISTICS. --
(1) STUDY. -- The Comptroller General shall conduct a study of
the safety of longer combination vehicles for the purpose of
comparing the safety characteristics and performance, including
engineering and design safety characteristics, of such vehicles to
other truck-trailer combination vehicles and for the purpose of
reviewing the history and effectiveness of State safety
enforcement pertaining to such vehicles for those States in which
such vehicles are permitted to operate. Such study shall include
an assessment of each of the following:
(A) The adequacy of currently available data bases for the
purpose of determining the safety of longer combination vehicles
and recommending safety improvements.
(B) Whether or not such States are actively monitoring the
safety of such operations.
(C) The best available information on the safety of such
operations.
(D) Enforcement actions which have been taken in such States to
ensure the safety of such operations.
(E) Current procedures and controls used by such States to
ensure the safety of operation of such vehicles.
(F) Whether or not any special inspections of equipment
maintenance is required to improve the safety of such operations.
(G) The economic and safety impact of longer combination
vehicles on shared highways.
(2) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall transmit a
report on the results of the study conducted under paragraph (1)
to the Committee on Environment and Public Works and the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives.
(d) OPERATIONS OF LONGER COMBINATION VEHICLES. --
(1) TESTS. -- The Secretary shall conduct on the road tests
with respect to the driver and vehicle characteristics of
operations of longer combination vehicles for the purpose of
determining whether or not any modifications are necessary to the
Federal commercial motor vehicle safety standards of the
Department of Transportation as they apply to longer combination
vehicles. At a minimum, such tests shall examine driver fatigue
and stress and time of operation characteristics. Such tests also
shall examine the characteristics of longer combination vehicles,
including an assessment of on board computers, anti-lock brakes,
and anti-trailer under ride systems to determine the potential
safety effectiveness of those technologies as applied to such
vehicles.
(2) REPORT. -- Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit a report on
the results of the tests conducted under paragraph (1) to the
Committee on Environment and Public Works and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives.
(e) FUNDING. -- There shall be available to the Secretary for
carrying out this section, out of the Highway Trust Fund (other than the
Mass Transit Account), $1,000,000 per fiscal year for each of fiscal
years 1992, 1993, and 1994. Such sums shall remain available until
expended.
(f) LONGER COMBINATION VEHICLE DEFINED. -- For the purposes of this
section, the term "longer combination vehicle" means any combination of
a truck tractor and 2 or more trailers or semitrailers which operate on
the National System of Interstate and Defense Highways with a gross
vehicle weight greater than 80,000 pounds.
SEC. 4008. "49 USC app. 11506 note" PARTICIPATION IN INTERNATIONAL
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT.
(a) WORKING GROUP. -- Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a working group
comprised of State and local government officials, including
representatives of the National Governors' Association, the American
Association of Motor Vehicle Administrators, the National Conference of
State Legislatures, the Federation of Tax Administrators, the Board of
Directors for the International Fuel Tax Agreement, and a representative
of the Regional Fuel Tax Agreement, for the purpose of --
(1) proposing procedures for resolving disputes among States
participating in the International Registration Plan and among
States participating in the International Fuel Tax Agreement
including designation of the Department of Transportation or any
other person for resolving such disputes; and
(2) providing technical assistance to States participating or
seeking to participate in the Plan or in the Agreement.
(b) CONSULTATION REQUIREMENT. -- The working group established under
this section shall consult with members of the motor carrier industry in
carrying out subsection (a).
(c) REPORTS. -- Not later than 24 months after the date of the
enactment of this Act, the working group established under this section
shall transmit a report to the Secretary, to the Committee on Commerce,
Science, and Transportation of the Senate, to the Committee on Public
Works and Transportation and the Committee on the Judiciary of the House
of Representatives, to those States participating in the International
Registration Plan, and to those States participating in the
International Fuel Tax Agreement. The report shall contain a detailed
statement of the findings and conclusions of the working group, together
with its joint recommendations concerning the matters referred to in
subsection (a). After transmission of such report, the working group
may periodically review and modify the findings and conclusions and the
joint recommendations as appropriate and transmit a report containing
such modifications to the Secretary and such committees.
(d) APPLICABILITY OF ADVISORY COMMITTEE ACT. -- The working group
established under this section shall not be subject to the Federal
Advisory Committee Act.
(e) GRANTS. --
(1) IN GENERAL. -- The Secretary may make grants to States and
appropriate persons for the purpose of facilitating participation
in the International Registration Plan and participation in the
International Fuel Tax Agreement and for the purpose of
administrative improvements in any other base State fuel use tax
agreement in existence as of January 1, 1991, including such
purposes as providing technical assistance, personnel training,
travel costs, and technology and equipment associated with such
participation.
(2) CONTRACT AUTHORITY. -- Notwithstanding any other provision
of law, approval by the Secretary of a grant with funds made
available under this section shall be deemed a contractual
obligation of the United States for payment of the Federal share
of the grant.
(f) VEHICLE REGISTRATION. -- After September 30, 1996, no State
(other than a State which is participating in the International
Registration Plan) shall establish, maintain, or enforce any commercial
motor vehicle registration law, regulation, or agreement which limits
the operation of any commercial motor vehicle within its borders which
is not registered under the laws of the State if the vehicle is
registered under the laws of any other State participating in the
International Registration Plan.
(g) FUEL USE TAX. --
(1) REPORTING REQUIREMENTS. -- After September 30, 1996, no
State shall establish, maintain, or enforce any law or regulation
which has fuel use tax reporting requirements (including tax
reporting forms) which are not in conformity with the
International Fuel Tax Agreement.
(2) PAYMENT. -- After September 30, 1996, no State shall
establish, maintain, or enforce any law or regulation which
provides for the payment of a fuel use tax unless such law or
regulation is in conformity with the International Fuel Tax
Agreement with respect to collection of such a tax by a single
base State and proportional sharing of such taxes charged among
the States where a commercial motor vehicle is operated.
(3) LIMITATION. -- For purposes of paragraphs (1) and (2), in
the event of an amendment to the International Fuel Tax Agreement,
conformity by a State that is not participating in such Agreement
when such amendment is made may not be required with respect to
such amendment until a reasonable time period for such conformity
has elapsed, but in no case earlier than --
(A) the expiration of the 365-day period beginning on the first
day that the corresponding compliance with such amendment is
required of States that are participating in such Agreement; or
(B) the expiration of the 365-day period beginning on the day
the relevant office of the State receives written notice of such
amendment from the Secretary.
(4) EXCEPTION. -- Paragraphs (1), (2), and (3) shall not apply
with respect to a State that participates on January 1, 1991, in
the Regional Fuel Tax Agreement and that continues to participate
after such date in such Agreement.
(h) ENFORCEMENT. --
(1) ACTION. -- On the request of the Secretary, the Attorney
General may commence, in a court of competent jurisdiction, a
civil action for such injunctive relief as may be appropriate to
ensure compliance with subsections (f) and (g).
(2) VENUE. -- Such action may be commenced only in the State
in which relief is required to ensure such compliance.
(3) RELIEF. -- Subject to section 1341 of title 28, United
States Code, such court, upon a proper showing --
(A) shall issue a temporary restraining order or a preliminary
or permanent injunction; and
(B) may require in such injunction that the State or any person
comply with such subsections.
(i) LIMITATIONS ON STATUTORY CONSTRUCTION. -- Nothing in subsections
(f) and (g) shall be construed as limiting the amount of money a State
may charge for registration of a commercial motor vehicle or the amount
of any fuel use tax a State may impose.
(j) FUNDING. -- There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for fiscal year
1992 $1,000,000 for funding the activities of the working group under
this section and $5,000,000 for making grants under subsection (e).
Amounts authorized by the preceding sentence shall be subject to the
obligation limitation established by section 102 of this Act for fiscal
year 1992. From sums made available under section 404 of the Surface
Transportation Assistance Act of 1982, the Secretary shall provide for
each of fiscal years 1993 through 1997 $1,000,000 for funding the
activities of the working group under this section and $5,000,000 for
making grants under subsection (e). Such sums shall remain available
until expended.
(k) DEFINITIONS. -- In this section, the following definitions
apply:
(1) COMMERCIAL MOTOR VEHICLE. -- The term "commercial motor
vehicle" --
(A) as used with respect to the International Registration
Plan, has the meaning the term "apportionable vehicle" has under
such plan; and
(B) as used with respect to the International Fuel Tax
Agreement, has the meaning the term "qualified motor vehicle" has
under such agreement.
(2) FUEL USE TAX. -- The term "fuel use tax" means a tax
imposed on or measured by the consumption of fuel in a motor
vehicle.
(3) INTERNATIONAL FUEL TAX AGREEMENT. -- The term
"International Fuel Tax Agreement" means the interstate agreement
for the collection and distribution of fuel use taxes paid by
motor carriers, developed under the auspices of the National
Governors' Association.
(4) INTERNATIONAL REGISTRATION PLAN. -- The term
"International Registration Plan" means the interstate agreement
for the apportionment of vehicle registration fees paid by motor
carriers, developed by the American Association of Motor Vehicle
Administrators.
(5) REGIONAL FUEL TAX AGREEMENT. -- The term "Regional Fuel
Tax Agreement" means the interstate agreement for the collection
and distribution of fuel use taxes paid by motor carriers in the
States of Maine, Vermont, and New Hampshire.
(6) STATE. -- The term "State" means the 48 contiguous States
and the District of Columbia.
SEC. 4009. "49 USC app. 2717" VIOLATIONS OF OUT-OF-SERVICE ORDERS.
(a) FEDERAL REGULATIONS. -- The Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. App. 2701-2716) is amended by adding at the end the
following new section:
"SEC. 12020. VIOLATION OF OUT-OF-SERVICE ORDERS.
"(a) REGULATIONS. -- The Secretary shall issue regulations
establishing sanctions and penalties relating to violations of
out-of-service orders by persons operating commercial motor vehicles.
"(b) MINIMUM REQUIREMENTS. -- Regulations issued under subsection
(a) shall, at a minimum, require that --
"(1) any operator of a commercial motor vehicle who is found to
have committed a first violation of an out-of-service order shall
be disqualified from operating such a vehicle for a period of not
less than 90 days and shall be subject to a civil penalty of not
less than $1,000;
"(2) any operator of a commercial motor vehicle who is found to
have committed a second violation of an out-of-service order shall
be disqualified from operating such a vehicle for a period of not
less than 1 year and not more than 5 years and shall be subject to
a civil penalty of not less than $1,000; and
"(3) any employer that knowingly allows, permits, authorizes,
or requires an employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be subject to a civil
penalty of not more than $10,000.
"(c) DEADLINES. -- The regulations required under subsection (a)
shall be developed pursuant to a rulemaking proceeding initiated within
60 days after the date of the enactment of this section and shall be
issued not later than 12 months after such date of enactment.".
(b) STATE REGULATIONS. -- Section 12009(a)(21) of the Commercial
Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2708(a)(21)) is amended
by inserting "and section 12020(a)" before the period at the end.
SEC. 4010. EXEMPTION OF CUSTOM HARVESTING FARM MACHINERY.
Section 12019(5) of the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. App. 2716(5)), relating to the definition of motor vehicle,
is amended by inserting "or custom harvesting farm machinery" before the
period at the end.
SEC. 4011. COMMON CARRIERS PROVIDING TRANSPORTATION FOR CHARITABLE
PURPOSES.
Section 10723(b) of title 49, United States Code, is amended --
(1) in paragraph (2) by inserting "(other than a motor carrier
of passengers)" after "carrier"; and
(2) by adding at the end the following new paragraph:
"(3) In the case of a motor carrier of passengers, that carrier may
also establish a rate and relaged rule equal to the rate charged for the
transportation of 1 individual when that rate is for the transportation
of --
"(A) a totally blind individual and an accompanying guide or a
dog trained to guide the individual;
"(B) a disabled individual and accompanying attendant, or
animal trained to assist the individual, or both, when required
because of disability; or
"(C) a hearing-impaired individual and a dog trained to assist
the individual.".
SEC. 4012. "49 USC app. 2521 note" BRAKE PERFORMANCE STANDARDS.
(a) INITIATION OF RULEMAKING. -- Not later than May 31, 1992, the
Secretary shall initiate rulemaking concerning methods for improving
braking performance of new commercial motor vehicles, including truck
tractors, trailers, and their dollies. Such rulemaking shall include an
examination of antilock systems, means of improving brake compatibility,
and methods of ensuring effectiveness of brake timing.
(b) LIMITATION WITH RESPECT TO RULES. -- Any rule which the
Secretary determines to issue regarding improved braking performance
pursuant to the rulemaking initiated under this section shall take into
account the need for the rule and, in the case of trailers, shall
include articulated vehicles and their manufacturers.
(c) RULEMAKING PROCEDURE. -- Any rulemaking under this section
shall, consistent with section 229 of the Motor Carrier Safety Act of
1984 (49 U.S.C. App. 2519(b)), be carried out pursuant to, and in
accordance with, the National Traffic and Motor Vehicle Safety Act of
1966.
(d) COMPLETION OF RULEMAKING. -- The Secretary shall complete the
rulemaking within 18 months after its initiation; except that the
Secretary may extend that period for an additional 6 months after giving
notice in the Federal Register of the need for such an extension. Such
extension shall not be reviewable.
(e) LIMITATION ON STATUTORY CONSTRUCTION. -- Nothing in this section
shall be construed as affecting the authority of the Secretary under
this Act (or preventing the Secretary) from simultaneously initiating a
rulemaking concerning methods for improving brake performance in the
case of vehicles, other than new manufactured commercial motor vehicles,
and for considering the necessity for effective enforcement of any rule
relating to improving such performance as part of the rulemaking
proceeding and for considering the reliability, maintainability, and
durability of any brake equipment.
(f) COMMERCIAL MOTOR VEHICLE DEFINED. -- For purposes of this
section only, the term "commercial motor vehicle" means any
self-propelled or towed vehicle used on highways to transport passengers
or property if such vehicle has a gross vehicle weight rating of 26,001
or more pounds.
SEC. 4013. FHWA POSITIONS.
To help implement the purposes of this title, the Secretary in fiscal
year 1992 shall employ and maintain thereafter 2 additional employees in
positions at the headquarters of the Federal Highway Administration in
excess of the number of employees authorized for fiscal year 1991 for
the Federal Highway Administration.
SEC. 4014. "49 USC app. 2511a" COMPLIANCE REVIEW PRIORITY.
If the Secretary identifies a pattern of violations of State or local
traffic safety laws or regulations, or commercial motor vehicle safety
rules, regulations, standards, or orders, among the drivers of
commercial motor vehicles employed by a particular motor carrier, the
Secretary of a State representative shall ensure that such motor carrier
receives a high priority for review of such carrier's compliance with
applicable Federal and State commercial motor vehicle safety
regulations.
SEC. 5001. NATIONAL GOAL TO PROMOTE INTERMODAL TRANSPORTATION.
Section 302 of title 49, United States Code (relating to policy
standards for transportation), is further amended by adding at the end
the following new subsection:
"(e) INTERMODAL TRANSPORTATION. -- It is the policy of the United
States Government to encourage and promote development of a national
intermodal transportation system in the United States to move people and
goods in an energy-efficient manner, provide the foundation for improved
productivity growth, strengthen the Nation's ability to compete in the
global economy, and obtain the optimum yield from the Nation's
transportation resources.".
SEC. 5002. DUTIES OF SECRETARY; OFFICE OF INTERMODALISM.
(a) DUTIES OF SECRETARY. -- Section 301 of title 49, United States
Code (relating to leadership, consultation and cooperation), is amended
by redesignating paragraphs (3) through (7) as paragraphs (4) through
(8), respectively, and by inserting after paragraph (2) the following
new paragraph:
"(3) coordinate Federal policy on intermodal transportation and
initiate policies to promote efficient intermodal transportation
in the United States;".
(b) "49 USC 301 note" INTERMODAL TRANSPORTATION ADVISORY BOARD.
(1) ESTABLISHMENT. -- There shall be established within the
Office of the Secretary an Intermodal Transportation Advisory
Board.
(2) MEMBERSHIP. -- The Intermodal Transportation Advisory
Board shall consist of the Secretary, who shall serve as Chairman,
and the Administrator, or his or her designee, of --
(A) the Federal Highway Administration;
(B) the Federal Aviation Administration;
(C) the Maritime Administration;
(D) the Federal Railroad Administration; and
(E) the Federal Transit Administration.
(3) FUNCTIONS. -- The Intermodal Transportation Advisory Board
shall provide recommendations for carrying out the
responsibilities of the Secretary described in section 301(3) of
title 49, United States Code.
(c) OFFICE OF INTERMODALISM. --
(1) "49 USC 301 note" ESTABLISHMENT. -- The Secretary shall
establish within the Office of the Secretary an Office of
Intermodalism.
(2) DIRECTOR. -- The Office shall be headed by a Director who
shall be appointed by the Secretary not later than 6 months after
the date of the enactment of this Act.
(3) FUNCTION. -- The Director shall be responsible for
carrying out the responsibilities of the Secretary described in
section 301(3) of title 49, United States Code.
(4) INTERMODAL TRANSPORTATION DATA BASE. -- The Director shall
develop, maintain, and disseminate intermodal transportation data
through the Bureau of Transportation Statistics. The Director
shall coordinate the collection of data for the data base with the
States and metropolitan planning organizations. The data base
shall include --
(A) information on the volume of goods and number of people
carried in intermodal transportation by relevant classification;
(B) information on patterns of movement of goods and people
carried in intermodal transportation by relevant classification in
terms of origin and destination; and
(C) information on public and private investment in intermodal
transportation facilities and services.
The Director shall make information from the data base
available to the public.
(5) RESEARCH. -- The Director shall be responsible for
coordinating Federal research on intermodal transportation in
accordance with the plan developed pursuant to section 6009(b) of
this Act and for carrying out additional research needs identified
by the Director.
(6) TECHNICAL ASSISTANCE. -- The Director shall provide
technical assistance to States and to metropolitan planning
organizations for urban areas having a population of 1,000,000 or
more in collecting data relating to intermodal transportation in
order to facilitate the collection of such data by such States and
metropolitan planning organizations.
(7) ADMINISTRATIVE AND CLERICAL SUPPORT. -- The Director shall
provide administrative and clerical support to the Intermodal
Transportation Advisory Board.
SEC. 5003. MODEL INTERMODAL TRANSPORTATION PLANS.
(a) GRANTS. -- The Secretary shall make grants to States for the
purpose of developing model State intermodal transportation plans which
are consistent with the policy set forth in section 302(e) of title 49,
"49 USC 301 note" United States Code. Such model plans shall include
systems for collecting data relating to intermodal transportation.
(b) DISTRIBUTION. -- The Secretary shall award grants to States
under this section which represent a variety of geographic regions and
transportation needs, patterns, and modes.
(c) TRANSMITTAL OF PLANS. -- As a condition to receiving a grant
under this section, the Secretary shall require that a State provide
assurances that the State will transmit to the Secretary a State
intermodal transportation plan not later than 18 months after the date
of receipt of such grant.
(d) AGGREGATE AMOUNT. -- The Secretary shall reserve, from amounts
deducted under section 104(a) of title 23, United States Code,
$3,000,000 for the purpose of making grants under this section. The
aggregate amount which a State may receive in grants under this section
shall not exceed $500,000.
SEC. 5004. "49 USC 102 note" SURFACE TRANSPORTATION ADMINISTRATION.
(a) STUDY. -- Not later than 60 days after the date of the enactment
of this Act, the Secretary shall enter into an agreement with the
National Academy of Public Administration to continue a study of options
for organizing the Department of Transportation to increase the
effectiveness of program delivery, reduce costs, and improve intermodal
coordination among surface transportation-related agencies.
(b) REPORT. -- The Secretary shall report to Congress on the
findings of the study continued under subsection (a) and recommend
appropriate organizational changes no later than January 1, 1993. No
organizational changes shall be implemented until such changes are
approved by law.
SEC. 5005. "49 USC 301 note" NATIONAL COMMISSION ON INTERMODAL
TRANSPORTATION.
(a) ESTABLISHMENT. -- There is established a National Commission on
Intermodal Transportation.
(b) FUNCTION. -- The Commission shall make a complete investigation
and study of intermodal transportation in the United States and
internationally. The Commission shall determine the status of
intermodal transportation, the problems that exist with respect to
intermodal transportation, and the resources needed to enhance
intermodal transportation. Based on such investigation and study, the
Commission shall recommend those policies which need to be adopted to
achieve the national goal of an efficient intermodal transportation
system.
(c) SPECIFIC MATTERS TO BE ADDRESSED. -- The Commission shall
specifically investigate and study the following:
(1) INTERMODAL STANDARDIZATION. -- The Commission, in
coordination with the National Academy of Sciences, shall examine
current and potential impediments to international standardization
in specific elements of intermodal transportation. The Commission
shall evaluate the potential benefits and relative priority of
standardization in each such element and the time period and
investment necessary to adopt such standards.
(2) INTERMODAL IMPACTS ON PUBLIC WORKS INFRASTRUCTURE. -- The
Commission shall examine current and projected intermodal traffic
flows, including the current and projected market for intermodal
transportation, and how such traffic flows affect infrastructure
needs. The Commission shall make recommendations as to capital
needs for infrastructure development that will be required to
accommodate intermodal transportation, particularly with respect
to surface transportation access to airports and ports.
(3) LEGAL IMPEDIMENTS TO EFFICIENT INTERMODAL TRANSPORTATION.
-- The Commission shall identify legal impediments to efficient
intermodal transportation. Specifically, the Commission shall
study the relationship between current regulatory schemes for
individual modes of transportation and intermodal transportation
efficiency.
(4) FINANCIAL ISSUES. -- The Commission shall examine existing
impediments to the efficient financing of intermodal
transportation improvements. In carrying out such examination,
the Commission shall examine (A) the most efficient use of
existing sources of funds for connecting individual modes of
transportation and for accommodating transfers between such modes,
and (B) the use of innovative methods of financing for making such
improvements. The Commission shall examine current methods of
public funding, the desirability of increased flexibility in the
use of amounts in Federal transportation trust funds, and
increased use of private sources of funding.
(5) NEW TECHNOLOGIES. -- The Commission shall study new
technologies for improving intermodal transportation and problems
associated with incorporating these new technologies in intermodal
transportation.
(6) DOCUMENTATION. -- The Commission shall study problems in
documentation resulting from intermodal transfers of freight and
make recommendations for achieving uniform, efficient, and
simplified documentation.
(7) RESEARCH AND DEVELOPMENT. -- The Commission shall identify
the areas relating to intermodal transportation for which
continued research and development is needed after the report
required by this section is completed, and propose an agenda for
carrying out such research and development.
(8) PRODUCTIVITY. -- The Commission shall examine the
relationship of intermodal transportation to transportation rates,
transportation costs, and economic productivity.
(d) MEMBERSHIP. --
(1) APPOINTMENT. -- The Commission shall be composed of 11
members as follows:
(A) 3 members appointed by the President.
(B) 2 members appointed by the Speaker of the House of
Representatives.
(C) 2 members appointed by the minority leader of the House of
Representatives.
(D) 2 members appointed by the majority leader of the Senate.
(E) 2 members appointed by the minority leader of the Senate.
(2) QUALIFICATIONS. -- Members appointed pursuant to paragraph
(1) shall be appointed from among individuals interested in
intermodal transportation policy, including representatives of
Federal, State, and local governments, other public transportation
authorities or agencies, and organizations representing
transportation providers, shippers, labor, the financial
community, and consumers.
(3) TERMS. -- Members shall be appointed for the life of the
Commission.
(4) VACANCIES. -- A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) TRAVEL EXPENSES. -- Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(6) CHAIRMAN. -- The Chairman of the Commission shall be
elected by the members.
(e) STAFF. -- The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(f) STAFF OF FEDERAL AGENCIES. -- Upon request of the Commission,
the head of any department or agency of the United States may detail, on
a reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
(g) ADMINISTRATIVE SUPPORT SERVICES. -- Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities under
this section.
(h) OBTAINING OFFICIAL DATA. -- The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be kept
confidential by such department or agency) necessary for the Commission
to carry out its duties under this section. Upon request of the
Commission, the head of that department or agency shall furnish such
nonconfidential information to the Commission.
(i) REPORT AND PROPOSED NATIONAL INTERMODAL TRANSPORTATION PLAN. --
Not later than September 30, 1993, the Commission shall transmit to
Congress a final report on the results of the investigation and study
conducted under this section. The report shall include recommendations
of the Commission for implementing the policy set forth in section
302(e) of title 49, United States Code, including a proposed national
intermodal transportation plan and a proposed agenda for implementing
the plan.
(j) TERMINATION. -- The Commission shall terminate on the 180th day
following the date of transmittal of the report under subsection (i).
All records and papers of the Commission shall thereupon be delivered to
the Administrator of General Services for deposit in the National
Archives.
SEC. 6001. RESEARCH AND TECHNOLOGY PROGRAM.
Subsections (a), (b), and (c) of section 307 of title 23, United
States Code, are amended to read as follows:
"(a) RESEARCH AND TECHNOLOGY PROGRAM. --
"(1) AUTHORITY OF THE SECRETARY. --
"(A) IN GENERAL. -- The Secretary may engage in research,
development, and technology transfer activities with respect to
motor carrier transportation and all phases of highway planning
and development (including construction, operation, modernization,
development, design, maintenance, safety, financing, and traffic
conditions) and the effect thereon of State laws and may test,
develop, or assist in testing and developing any material,
invention, patented article, or process.
"(B) COOPERATION, GRANTS, AND CONTRACTS. -- The Secretary may
carry out this section either independently or in cooperation with
other Federal departments, agencies, and instrumentalities or by
making grants to, and entering into contracts and cooperative
agreements with, the National Academy of Sciences, the American
Association of State Highway and Transportation Officials, or any
State agency, authority, association, institution, corporation
(profit or nonprofit), organization, or person.
"(C) RESEARCH FELLOWSHIPS. --
"(i) GENERAL AUTHORITY. -- The Secretary may, acting either
independently or in cooperation with other Federal departments,
agencies, and instrumentalities, make grants for research
fellowships for any purpose for which research is authorized by
this section.
"(ii) DWIGHT DAVID EISENHOWER TRANSPORTATION FELLOWSHIP
PROGRAM. -- The Secretary shall establish and implement a
transportation research fellowship program for the purpose of
attracting qualified students to the field of transportation
engineering and research. Such program shall be known as the
"Dwight David Eisenhower Transportation Fellowship Program." Of
the funds made available pursuant to paragraph (3) for each fiscal
year beginning after September 30, 1991, the Secretary shall
expend not less than $2,000,000 per fiscal year to carry out such
program.
"(2) COLLABORATIVE RESEARCH AND DEVELOPMENT. --
"(A) IN GENERAL. -- For the purposes of encouraging innovative
solutions to highway problems and stimulating the marketing of new
technology by private industry, the Secretary is authorized to
undertake, on a cost-shared basis, collaborative research and
development with non-Federal entities, including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, sole proprietorships,
and trade associations which are incorporated or established under
the laws of any State.
"(B) AGREEMENTS. -- In carrying out this paragraph, the
Secretary may enter into cooperative research and development
agreements, as such term is defined under section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).
"(C) FEDERAL SHARE. -- The Federal share payable on account of
activities carried out under a cooperative research and
development agreement entered into under this paragraph shall not
exceed 50 percent of the total cost of such activities; except
that, if there is substantial public interest or benefit, the
Secretary may approve a higher Federal share. All costs directly
incurred by the non-Federal partners, including personnel, travel,
and hardware development costs, shall be treated as part of the
non-Federal share of the cost of such activities for purposes of
the preceding sentence.
"(D) UTILIZATION OF TECHNOLOGY. -- The research, development,
or utilization of any technology pursuant to a cooperative
research and development agreement entered into under this
paragraph, including the terms under which the technology may be
licensed and the resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology Innovation Act of 1980.
"(3) FUNDS. --
"(A) IN GENERAL. -- The funds necessary to carry out this
subsection and subsections (b), (d), and (e) shall be taken by the
Secretary out of administrative funds deducted pursuant to section
104(a) of this title and such funds as may be deposited by any
cooperating organization or person in a special account of the
Treasury of the United States established for such purposes.
"(B) MINIMUM EXPENDITURES ON LONG-TERM RESEARCH PROJECTS. --
Not less than 15 percent of the funds made available under this
paragraph shall be expended on long-term research projects which
are unlikely to be completed within 10 years.
"(4) WAIVER OF ADVERTISING REQUIREMENTS. -- The provisions of
section 3709 of the Revised Statutes (41 U.S.C. 5) shall not be
applicable to contracts or agreements entered into under this
section.
"(b) MANDATORY CONTENTS OF RESEARCH PROGRAM. --
"(1) INCLUSION OF CERTAIN STUDIES. -- The Secretary shall
include in the highway research program under subsection (a)
studies of economic highway geometrics, structures, and desirable
weight and size standards for vehicles using the public highways
and of the feasibility of uniformity in State regulations with
respect to such standards. The highway research program shall
also include studies to identify and measure, quantitatively and
qualitatively, those factors which relate to economic, social,
environmental, and other impacts of highway projects.
"(2) SHRP RESULTS. --
"(A) IMPLEMENTATION. -- The highway research program under
subsection (a) shall include a program to implement results of the
strategic highway research program carried out under subsection
(d) (including results relating to automatic intrusion alarms for
street and highway construction work zones) and to continue the
long-term pavement performance tests being carried out under such
program.
"(B) MINIMUM FUNDING. -- Of amounts deducted under section
104(a) of this title, the Secretary shall expend not less than
$12,000,000 in fiscal year 1992, $16,000,000 in fiscal year 1993,
and $20,000,000 per fiscal year for each of fiscal years 1994,
1995, 1996, and 1997 to carry out this paragraph.
"(3) SURFACE TRANSPORTATION SYSTEM PERFORMANCE INDICATORS. --
The highway research program under subsection (a) shall include a
coordinated long-term program of research for the development,
use, and dissemination of performance indicators to measure the
performance of the surface transportation system of the United
States, including indicators for productivity, efficiency, energy
use, air quality, congestion, safety, maintenance, and other
factors which reflect the overall performance of such system.
"(4) SHORT HAUL PASSENGER TRANSPORTATION SYSTEMS. -- The
Secretary shall conduct necessary systems research in order to
develop a concept for a lightweight, pneumatic tire multiple-unit,
battery-powered system, in conjunction with recharging stations at
strategic locations. The Secretary shall create a potential
systems concept and, as part of the surface transportation
research and development plan under subsection (b), make
recommendations to Congress by January 15, 1993.
"(5) SUPPORTING INFRASTRUCTURE. -- The Secretary shall
establish a program to strengthen and expand surface
transportation infrastructure research and development. The
program shall include the following elements:
"(A) Methods and materials for improving the durability of
surface transportation infrastructure facilities and extending the
life of bridge structures, including new and innovative
technologies to reduce corrosion.
"(B) Expansion of the Department of Transportation's inspection
and mobile nondestructive examination capabilities, including
consideration of the use of high energy field radiography for more
thorough and more frequent inspections of bridge structures as
well as added support to State highway departments.
"(C) The Secretary shall determine whether or not to initiate a
construction equipment research and development program directed
toward the reduction of costs associated with the construction of
highways and mass transit systems. The Secretary shall transmit
to Congress a report containing such determination on or before
July 1, 1992.
"(D) The Secretary shall undertake or supervise surface
transportation infrastructure research to develop --
"(i) nondestructive evaluation equipment for use with existing
infrastructure facilities and for next generation infrastructure
facilities that utilize advanced materials;
"(ii) information technologies, including --
"(I) appropriate computer programs to collect and analyze data
on the status of the existing infrastructure facilities for
enhancing management, growth, and capacity; and
"(II) dynamic simulation models of surface transportation
systems for predicting capacity, safety, and infrastructure
durability problems, for evaluating planned research projects, and
for testing the strengths and weaknesses of proposed revisions in
surface transportation operations programs; and
"(iii) new and innovative technologies to enhance and
facilitate field construction and rehabilitation techniques for
minimizing disruption during repair and maintenance of existing
structures.
"(c) STATE PLANNING AND RESEARCH. --
"(1) GENERAL RULE. -- 2 percent of the sums apportioned for
each fiscal year beginning after September 30, 1991, to any State
under sections 104 and 144 of this title and for highway projects
under section 103(e)(4) of this title shall be available for
expenditure by the State highway department, in consultation with
the Secretary, only for the following purposes:
"(A) Engineering and economic surveys and investigations.
"(B) The planning of future highway programs and local public
transportation systems and for planning for the financing thereof,
including statewide planning under section 135 of this title.
"(C) Development and implementation of management systems under
section 303 of this title.
"(D) Studies of the economy, safety, and convenience of highway
usage and the desirable regulation and equitable taxation thereof.
"(E) Research, development, and technology transfer activities
necessary in connection with the planning, design, construction,
and maintenance of highway, public transportation, and intermodal
transportation systems and study, research, and training on
engineering standards and construction materials for such systems,
including evaluation and accreditation of inspection and testing
and the regulation and taxation of their use.
"(2) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND
TECHNOLOGY TRANSFER ACTIVITIES. -- Not less than 25 percent of
the funds which are apportioned to a State for a fiscal year and
are subject to paragraph (1) shall be expended by the State for
research, development, and technology transfer activities
described in paragraph (1) relating to highway, public
transportation, and intermodal transportation systems unless the
State certifies to the Secretary for such fiscal year that total
expenditures by the State for transportation planning under
sections 134 and 135 will exceed 75 percent of the amount of such
funds and the Secretary accepts such certification.
"(3) FEDERAL SHARE. -- The Federal share payable on account of
any project financed with funds which are subject to paragraph (1)
shall be 80 percent unless the Secretary determines that the
interests of the Federal-aid highway program would be best served
by decreasing or eliminating the non-Federal share.
"(4) ADMINISTRATION OF SUMS. -- Funds which are subject to
paragraph (1) shall be combined and administered by the Secretary
as a single fund which shall be available for obligation for the
same period as funds apportioned under section 104(b)(1) of this
title.
SEC. 6002. NATIONAL HIGHWAY INSTITUTE.
Section 321 of title 23, United States Code, is amended to read as
follows:
"Section 321. National Highway Institute
"(a) ESTABLISHMENT; DUTIES; PROGRAMS. --
"(1) ESTABLISHMENT. -- The Secretary shall establish and
operate in the Federal Highway Administration a National Highway
Institute (hereinafter in this section referred to as the
'Institute').
"(2) DUTIES. -- The Institute shall develop and administer, in
cooperation with the State transportation or highway departments,
and any national or international entity, training programs of
instruction for Federal Highway Administration, State and local
transportation and highway department employees, State and local
police, public safety and motor vehicle employees, and United
States citizens and foreign nationals engaged or to be engaged in
highway work of interest to the United States. The Secretary
shall administer, through the Institute, the authority vested in
the Secretary by this title or by any other provision of law for
the development and conduct of education and training programs
relating to highways.
"(3) TYPES OF PROGRAMS. -- Programs which the Institute may
develop and administer may include courses in modern developments,
techniques, management, and procedures relating to highway
planning, environmental factors, acquisition of rights-of-way,
relocation assistance, engineering, safety, construction,
maintenance, contract administration, motor carrier activities,
and inspection.
"(b) SET-ASIDE; FEDERAL SHARE. -- Not to exceed 1/16 of 1 percent
of all funds apportioned to a State under section 104(b)(3) for the
surface transportation program shall be available for expenditure by the
State highway department for payment of not to exceed 80 percent of the
cost of tuition and direct educational expenses (but not travel,
subsistence, or salaries) in connection with the education and training
of State and local highway department employees as provided in this
section.
"(c) FEDERAL RESPONSIBILITY. -- Education and training of Federal,
State, and local highway employees authorized by this section shall be
provided --
"(1) by the Secretary at no cost to the States and local
governments for those subject areas which are a Federal program
responsibility; or
"(2) in any case in which education and training are to be paid
for under subsection (b), by the State (subject to the approval of
the Secretary) through grants and contracts with public and
private agencies, institutions, individuals, and the Institute;
except that private agencies and individuals shall pay the full
cost of any education and training received by them.
"(d) TRAINING FELLOWSHIPS; COOPERATION. -- The Institute is
authorized, subject to approval of the Secretary, to engage in all
phases of contract authority for training purposes authorized by this
section, including the granting of training fellowships. The Institute
is also authorized to carry out its authority independently or in
cooperation with any other branch of the Government, State agency,
authority, association, institution, corporation (profit or nonprofit),
any other national or international entity, or any other person.
"(e) COLLECTION OF FEES. --
"(1) GENERAL RULE. -- The Institute may, in accordance with
this subsection, assess and collect fees solely to defray the
costs of the Institute in developing and administering education
and training programs under this section.
"(2) LIMITATION. -- Fees may be assessed and collected under
this subsection only in a manner which may reasonably be expected
to result in the collection of fees during any fiscal year in an
aggregate amount which does not exceed the aggregate amount of the
costs referred to in paragraph (1) for the fiscal year.
"(3) PERSONS SUBJECT TO FEES. -- Fees may be assessed and
collected under this subsection only with respect to --
"(A) persons and entities for whom education or training
programs are developed or administered under this section; and
"(B) persons and entities to whom education or training is
provided under this section.
"(4) AMOUNT OF FEES. -- The fees assessed and collected under
this subsection shall be established in a manner which ensures
that the liability of any person or entity for a fee is reasonably
based on the proportion of the costs referred to in paragraph (1)
which relate to such person or entity.
"(f) FUNDS. -- The funds required to carry out this section may be
from the sums deducted for administration purposes under section 104(a).
The sums provided pursuant to this subsection may be combined or held
separate from the fees or memberships collected under subsection (e) and
may be administered by the Secretary as a fund which shall be available
until expended.
"(g) CONTRACTS. -- The provisions of section 3709 of the Revised
Statutes (41 U.S.C. 5) shall not be applicable to contracts or
agreements made under the authority of this section.".
SEC. 6003. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.
Chapter 3 of title 23, United States Code, is amended by adding at
the end the following new section:
"Section 325. International highway transportation outreach program
"(a) ACTIVITIES. -- The Secretary is authorized to engage in
activities to inform the domestic highway community of technological
innovations abroad that could significantly improve highway
transportation in the United States, to promote United States highway
transportation expertise internationally, and to increase transfers of
United States highway transportation technology to foreign countries.
Such activities may include --
"(1) development, monitoring, assessment, and dissemination
domestically of information about foreign highway transportation
innovations that could significantly improve highway
transportation in the United States;
"(2) research, development, demonstration, training, and other
forms of technology transfer and exchange;
"(3) informing other countries about the technical quality of
American highway transportation goods and services through
participation in trade shows, seminars, expositions, and other
such activities;
"(4) offering those Federal Highway Administration technical
services which cannot be readily obtained from the United States
private sector to be incorporated into the proposals of United
States firms undertaking foreign highway transportation projects
if the costs for assistance will be recovered under the terms of
each project; and
"(5) conducting studies to assess the need for or feasibility
of highway transportation improvements in countries that are not
members of the Organization for Economic Cooperation and
Development as of the date of the enactment of this section, and
in Greece and Turkey.
"(b) COOPERATION. -- The Secretary may carry out the authority
granted by this section, in cooperation with appropriate United States
Government agencies and any State or local agency, authority,
association, institution, corporation (profit or nonprofit), foreign
government, multinational institution, or any other organization or
person.
"(c) FUNDS. -- The funds available to carry out the provisions of
this section shall include funds deposited in a special account with the
Secretary of the Treasury for such purposes by any cooperating
organization or person. The funds shall be available for promotional
materials, travel, reception and representation expenses necessary to
carry out the activities authorized by this section. Reimbursements for
services provided under this section shall be credited to the
appropriation concerned.".
(b) CONFORMING AMENDMENT. -- The analysis for chapter 3 of such
title is amended by adding at the end the following new item:
"325. International highway transportation outreach program.".
SEC. 6004. EDUCATION AND TRAINING PROGRAM.
(a) IN GENERAL. -- Chapter 3 of title 23, United States Code, is
amended by adding at the end the following new section:
"Section 326. Education and training program
"(a) AUTHORITY. -- The Secretary is authorized to carry out a
transportation assistance program that will provide highway and
transportation agencies in (1) urbanized areas of 50,000 to 1,000,000
population, and (2) rural areas, access to modern highway technology.
"(b) GRANTS AND CONTRACTS. -- The Secretary may make grants and
enter into contracts for education and training, technical assistance,
and related support service that will --
"(1) assist rural local transportation agencies to develop and
expand their expertise in road and transportation areas (including
pavement, bridge and safety management systems), to improve roads
and bridges, to enhance programs for the movement of passengers
and freight, to deal effectively with special road related
problems by preparing and providing training packages, manuals,
guidelines, and technical resource materials, and developing a
tourism and recreational travel technical assistance program;
"(2) identify, package, and deliver usable highway technology
to local jurisdictions to assist urban transportation agencies in
developing and expanding their ability to deal effectively with
road related problems; and
"(3) establish, in cooperation with State transportation or
highway departments and universities (A) urban technical
assistance program centers in States with 2 or more urbanized
areas of 50,000 to 1,000,000 population, and (B) rural technical
assistance program centers.
Not less than 2 centers under paragraph (3) shall be designated to
provide transportation assistance that may include, but is not
necessarily limited to, a 'circuit-rider' program, providing training on
intergovernmental transportation planning and project selection, and
tourism recreational travel to American Indian tribal governments.
"(c) FUNDS. -- The funds required to carry out the provisions of
this section shall be taken out of administrative funds deducted under
section 104(a). The sum of $6,000,000 per fiscal year for each of the
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 shall be set aside
from such administrative funds for the purpose of providing technical
and financial support for these centers, including up to 100 percent for
services provided to American Indian tribal governments.".
(b) CONFORMING AMENDMENT. -- The analysis for chapter 3 of such
title is amended by adding at the end the following new item:
"326. Education and training program.".
(c) USE OF BUREAU OF INDIAN AFFAIRS' ADMINISTRATIVE FUNDS. --
Section 204(b) of such title is amended by adding at the end the
following new sentence: "The Secretary of Interior may reserve funds
from the Bureau of Indian Affairs' administrative funds associated with
the Indian reservation roads program to finance the Indian technical
centers authorized under section 326.".
SEC. 6005. APPLIED RESEARCH AND TECHNOLOGY PROGRAM; SEISMIC
RESEARCH PROGRAM.
(a) IN GENERAL. -- Section 307 of title 23, United States Code, is
amended by redesignating subsections (e) and (f) as subsections (g) and
(h), respectively, and by inserting after subsection (d) the following
new subsections:
"(e) APPLIED RESEARCH AND TECHNOLOGY PROGRAM. --
"(1) ESTABLISHMENT. -- The Secretary shall establish and
implement in accordance with this subsection an applied research
and technology program for the purpose of accelerating testing,
evaluation, and implementation of technologies which are designed
to improve the durability, efficiency, environmental impact,
productivity, and safety of highway, transit, and intermodal
transportation systems.
"(2) GUIDELINES. -- Not later than 18 months after the date of
the enactment of this subsection, the Secretary shall issue
guidelines to carry out this subsection. Such guidelines shall
include:
"(A) TECHNOLOGIES. -- Guidelines on the selection of both
foreign and domestic technologies to be tested.
"(B) TEST LOCATIONS. -- Guidelines on the selection of
locations at which tests will be conducted. Such guidelines shall
ensure that testing is conducted in a range of climatic, traffic,
geographic, and environmental conditions, as appropriate for the
technology being tested.
"(C) DATA. -- Guidelines for the scientific collection,
evaluation, and dissemination of appropriate test data.
"(3) TECHNOLOGIES. -- Technologies which may be tested under
this subsection include, but are not limited to --
"(A) accelerated construction materials and procedures;
"(B) environmentally beneficial materials and procedures;
"(C) materials and techniques which provide enhanced
serviceability and longevity under adverse climactic,
environmental, and load effects;
"(D) technologies which increase the efficiency and
productivity of vehicular travel; and
"(E) technologies and techniques which enhance the safety and
accessibility of vehicular transportation systems.
"(4) HEATED BRIDGE TECHNOLOGIES. --
"(A) PROJECTS. -- As part of the program under this
subsection, the Secretary shall carry out projects to assess the
state of technology with respect to heating the decks of bridges
and the feasibility of, and costs and benefits associated with,
heating the decks of bridges. Such projects shall be carried out
by installing heating equipment on the decks of bridges which are
being replaced or rehabilitated under section 144 of this title.
"(B) MINIMUM NUMBER OF BRIDGES. -- The number of bridges for
which heating equipment is installed under this subsection in a
fiscal year shall not be less than 10 bridges.
"(5) ELASTOMER MODIFIED ASPHALT. -- As part of the program
under this subsection, the Secretary shall carry out a project in
the State of New Jersey to demonstrate the environmental and
safety benefits of elastomer modified asphalt.
"(6) HIGH PERFORMANCE BLENDED HYDRAULIC CEMENT. -- As part of
the program under this subsection, the Secretary shall carry out a
project in the State of Missouri to demonstrate the durability and
construction efficiency of high performance blended hydraulic
cement.
"(7) THIN BONDED OVERLAY AND SURFACE LAMINATION OF PAVEMENT.
-- As part of the program under this subsection, the Secretary
shall carry out projects to assess the state of technology with
respect to thin bonded overlay (including inorganic bonding
systems) and surface lamination of pavement, and to assess the
feasibility of, and costs and benefits associated with, the
repair, rehabilitation, and upgrading of highways and bridges with
overlay. Such projects shall be carried out so as to minimize
overlay thickness, minimize initial laydown costs, minimize time
out of service, and maximize lifecycle durability.
"(8) ALL WEATHER PAVEMENT MARKINGS. -- As part of the program
under this subsection, the Secretary shall carry out a program to
demonstrate the safety and durability of all weather pavement
markings.
"(9) TESTING OF HIGHWAY TECHNOLOGIES. -- Projects carried out
under this subsection to test technologies related to highways
shall be carried out on highways on the Federal-aid system.
"(10) TECHNICAL ASSISTANCE. -- The Secretary shall provide
technical assistance to States and localities in carrying out
projects under this subsection.
"(11) ANNUAL REPORT. -- Not later than 1 year after the date
of the enactment of this subsection, and annually thereafter, the
Secretary shall transmit to the Committee on Public Works and
Transportation of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the
progress and research findings of the program carried out under
this subsection.
"(12) FEDERAL SHARE. -- The Federal share of the cost of a
project carried out under this subsection shall not exceed 80
percent.
"(13) FUNDING. -- The Secretary shall expend from
administrative and research funds deducted under section 104(a) of
this title and funds made available under section 26(a)(1) of the
Federal Transit Act, "$35,000,000 for fiscal year 1992 and
$41,000,000 per fiscal year for each of fiscal years 1993, 1994,
1995, 1996, and 1997 to carry out this subsection. Of such
amounts, in each of fiscal years 1992, 1993, 1994, 1995, 1996, and
1997, the Secretary shall expend not less than $4,000,000 per
fiscal year to carry out projects related to heated bridge
technologies under paragraph (4), not less than $2,500,000 per
fiscal year to carry out projects related to thin bonded overlay
and surface lamination of pavements under paragraph (7), and not
less than $2,000,000 per fiscal year to carry out projects related
to all weather pavement markings under paragraph (8). Amounts
made available under this subsection shall remain available until
expended and shall not be subject to any obligation limitation.
"(f) SEISMIC RESEARCH PROGRAM. --
"(1) ESTABLISHMENT. -- The Secretary shall establish a program
to study the vulnerability of highways, tunnels, and bridges on
the Federal-aid system to earthquakes and develop and implement
cost-effective methods of retrofitting such highways, tunnels, and
bridges to reduce such vulnerability.
"(2) COOPERATION WITH NATIONAL CENTER FOR EARTHQUAKE
ENGINEERING RESEARCH. -- The Secretary shall conduct the program
under this section in cooperation with the National Center for
Earthquake Engineering Research at the University of Buffalo.
"(3) COOPERATION WITH AGENCIES PARTICIPATING IN NATIONAL
HAZARDS REDUCTION PROGRAM. -- The Secretary shall further conduct
the program under this section in consultation and cooperation
with Federal departments and agencies participating in the
National Hazards Reduction Program established by section 5 of the
Earthquake Hazards Reduction Act of 1977 and shall take such
actions as may be necessary to ensure that the program under this
subsection is consistent with --
"(A) planning and coordination activities of the Federal
Emergency Management Agency under section 5(b)(1) of such Act;
and
"(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of such Act.
"(4) FUNDING. -- Of amounts deducted under section 104(a) of
this title, the Secretary shall expend not more than $2,000,000
per fiscal year in each of fiscal years 1992, 1993, 1994, 1995,
1996, and 1997 to carry out this subsection.
"(5) REPORT. -- Not later than 2 years after the date of the
enactment of this section, the Secretary shall transmit to the
Committee on Public Works and Transportation of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report on the progress and research findings of
the program carried out under this section.".
(b) HIGHWAY AND BRIDGE CONDITIONS AND PERFORMANCE REPORT. -- Section
307(h) of title 23, United States Code, as redesignated by subsection
(a), is amended by adding at the end the following new sentence: "The
biennial reports required under this subsection shall provide the means,
including all necessary information, to relate and compare the
conditions and service measures used in different years when such
measures are changed.".
SEC. 6006. BUREAU OF TRANSPORTATION STATISTICS.
Chapter I of title 49, United States Code, is amended by adding at
the end the following new section:
"Section 111. Bureau of Transportation Statistics
"(a) ESTABLISHMENT. -- There is established in the Department of
Transportation a Bureau of Transportation Statistics.
"(b) DIRECTOR. --
"(1) APPOINTMENT. -- The Bureau shall be headed by a Director
who shall be appointed by the President, by and with the advice
and consent of the Senate.
"(2) QUALIFICATIONS. -- The Director shall be appointed from
among individuals who are qualified to serve as the Director by
virtue of their training and experience in the compilation and
analysis of transportation statistics.
"(3) REPORTING. -- The Director shall report directly to the
Secretary.
"(4) TERM. -- The term of the Director shall be 4 years. The
term of the first Director to be appointed shall begin on the
180th day after the date of the enactment of this section.
"(c) RESPONSIBILITIES. -- The Director of the Bureau shall be
responsible for carrying out the following duties:
"(1) COMPILING TRANSPORTATION STATISTICS. -- Compiling,
analyzing, and publishing a comprehensive set of transportation
statistics to provide timely summaries and totals (including
industrywide aggregates and multiyear averages) of
transportation-related information. Such statistics shall be
suitable for conducting cost-benefit studies (including
comparisons among individual transportation modes and intermodal
transport systems) and shall include information on --
"(A) productivity in various parts of the transportation
sector;
"(B) traffic flows;
"(C) travel times;
"(D) vehicle weights;
"(E) variables influencing traveling behavior, including choice
of transportation mode;
"(F) travel costs of intracity commuting and intercity trips;
"(G) availability of mass transit and the number of passengers
served by each mass transit authority;
"(H) frequency of vehicle and transportation facility repairs
and other interruptions of transportation service;
"(I) accidents;
"(J) collateral damage to the human and natural environment;
and
"(K) the condition of the transportation system.
"(2) IMPLEMENTING LONG-TERM DATA COLLECTION PROGRAM. --
Establishing and implementing, in cooperation with the modal
administrators, the States, and other Federal officials a
comprehensive, long-term program for the collection and analysis
of data relating to the performance of the national transportation
system. Such program shall --
"(A) be coordinated with efforts to develop performance
indicators for the national transportation system undertaken
pursuant to section 307(b)(3) of title 23, United States Code;
"(B) ensure that data is collected under this subsection in a
manner which will maximize the ability to compare data from
different regions and for different time periods; and
"(C) ensure that data collected under this subsection is
controlled for accuracy and disseminated to the States and other
interested parties.
"(3) ISSUING GUIDELINES. -- Issuing guidelines for the
collection of information by the Department of Transportation
required for statistics to be compiled under paragraph (1) in
order to ensure that such information is accurate, reliable,
relevant, and in a form that permits systematic analysis.
"(4) COORDINATING COLLECTION OF INFORMATION. -- Coordinating
the collection of information by the Department of Transportation
required for statistics to be compiled under paragraph (1) with
related information-gathering activities conducted by other
Federal departments and agencies and collecting appropriate data
not elsewhere gathered.
"(5) MAKING STATISTICS ACCESSIBLE. -- Making the statistics
published under this subsection readily accessible.
"(6) IDENTIFYING INFORMATION NEEDS. -- Identifying information
that is needed under paragraph (1) but which is not being
collected, reviewing such needs at least annually with the
Advisory Council on Transportation Statistics, and making
recommendations to appropriate Department of Transportation
research officials concerning extramural and intramural research
programs to provide such information.
"(d) LIMITATIONS ON STATUTORY CONSTRUCTION. -- Nothing in this
section shall be construed --
"(1) to authorize the Bureau to require any other department or
agency to collect data; or
"(2) to reduce the authority of any other officer of the
Department of Transportation to collect and disseminate data
independently.
"(e) PROHIBITION ON CERTAIN DISCLOSURES. -- Information compiled by
the Bureau shall not be disclosed publicly in a manner that would reveal
the personal identity of any individual, consistent with the Privacy Act
of 1974 (5 U.S.C. 552a), or to reveal trade secrets or allow commercial
or financial information provided by any person to be identified with
such person.
"(f) TRANSPORTATION STATISTICS ANNUAL REPORT. -- On or before
January 1, 1994, and annually thereafter, the Director shall transmit to
the President and Congress a Transportation Statistics Annual Report
which shall include information on items referred to in subsection
(c)(1), documentation of methods used to obtain and ensure the quality
of the statistics presented in the report, and recommendations for
improving transportation statistical information.
"(g) PERFORMANCE OF FUNCTIONS OF DIRECTOR PENDING CONFIRMATION. --
An individual who, on the date of the enactment of this section, is
performing any function required by this section to be performed by the
Director may continue to perform such function until such function is
undertaken by the Director.".
(b) FUNDING. -- There shall be available from the Highway Trust Fund
(other than the Mass Transit Account) only for carrying out the
amendment made by subsection (a) $5,000,000 for fiscal year 1992,
$10,000,000 for fiscal year 1993, $15,000,000 per fiscal year for each
of fiscal years 1994 and 1995, $20,000,000 for fiscal year 1996, and
$25,000,000 for fiscal year 1997. Funds authorized by this subsection
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code.
(c) CONFORMING AMENDMENT. -- The analysis for chapter 1 of such
title is amended by adding at the end the following new items:
"Sec. 110. Saint Lawrence Seaway Development Corporation.
"Sec. 111. Bureau of Transportation Statistics.".
(d) AMENDMENT TO TITLE 5, U.S.C. -- Section 5316 of title 5, United
States Code, is amended by adding at the end the following:
"Director, Bureau of Transportation Statistics.".
SEC. 6007. "49 USC 111 note" ADVISORY COUNCIL ON TRANSPORTATION
STATISTICS.
(a) ESTABLISHMENT. -- The Director of the Bureau of Transportation
Statistics shall establish an Advisory Council on Transportation
Statistics.
(b) FUNCTION. -- It shall be the function of the advisory council
established under this section to advise the Director of the Bureau of
Transportation Statistics on transportation statistics and analyses,
including whether or not the statistics and analysis disseminated by the
Bureau of Transportation Statistics are of high quality and are based
upon the best available objective information.
(c) MEMBERSHIP. -- The advisory council established under this
section shall be composed of not more than 6 members appointed by the
Director who are not officers or employees of the United States and who
(except for 1 member who shall have expertise in economics and 1 member
who shall have expertise in statistics) have expertise in transportation
statistics and analysis.
(d) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. -- The Federal
Advisory Committee Act shall apply to the advisory council established
under this section, except that section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee established
under this section.
SEC. 6008. "49 USC 111 note" DOT DATA NEEDS.
(a) STUDY. -- Not later than 1 year after the date of the
establishment of the Bureau of Transportation Statistics, the Secretary
shall enter into an agreement with the National Academy of Sciences to
conduct a study on the adequacy of data collection procedures and
capabilities of the Department of Transportation.
(b) CONSULTATION. -- The Secretary shall enter into the agreement
under subsection (a) in consultation with the Director of the Bureau of
Transportation Statistics.
(c) CONTENTS. -- The study under subsection (a) shall include an
evaluation of the Department of Transportation's data collection
resources, needs, and requirements and an assessment and evaluation of
the systems, capabilities, and procedures established by the Department
to meet such needs and requirements, including the following:
(1) Data collection procedures and capabilities.
(2) Data analysis procedures and capabilities.
(3) Ability of data bases to integrate with one another.
(4) Computer hardware and software capabilities.
(5) Information management systems, including the ability of
information management systems to integrate with one another.
(6) Availability and training of the personnel of the
Department.
(7) Budgetary needs and resources of the Department for data
collection.
(d) REPORT. -- Not later than 18 months after the date of the
agreement under subsection (a), the National Academy of Sciences shall
transmit to Congress a report on the results of the study under this
section, including recommendations for improving the Department of
Transportation's data collection systems, capabilities, procedures, and
analytical hardware and software and recommendations for improving the
Department's management information systems.
SEC. 6009. "23 USC 307 note" SURFACE TRANSPORTATION RESEARCH AND
DEVELOPMENT PLANNING.
(a) FINDINGS. -- Congress finds that --
(1) despite an annual expenditure in excess of $10,000,000,000
on surface transportation and its infrastructure, the Federal
Government has not developed a clear vision of --
(A) how the surface transportation systems of the 21st century
will differ from the present;
(B) how they will interface with each other and with other
forms of transportation;
(C) how such systems will adjust to changing American
population patterns and lifestyles; and
(D) the role of federally funded research and development in
ensuring that appropriate transportation systems are developed and
implemented;
(2) the population of the United States is projected to
increase by over 30,000,000 people within the next 20 years,
mostly in existing major metropolitan areas, which will result in
increased traffic congestion within and between urban areas, more
accidents, loss of productive time, and increased cost of
transportation unless new technologies are developed to improve
public transportation within cities and to move people and goods
between cities;
(3) 18,000,000 crashes, 4,000,000 injuries, and 45,000
fatalities each year on the Nation's highways are intolerable and
substantial research is required in order to develop safer
technologies in their most useful and economic forms;
(4) current research and development funding for surface
transportation is insufficient to provide the United States with
the technologies essential to providing its own advanced
transportation systems in the future and, as a result, the United
States is becoming increasingly dependent on foreign surface
transportation technologies and equipment to meet its expanding
surface transportation needs;
(5) a more active, focused surface transportation research and
development program involving cooperation among the Federal
Government, United States based industry, and United States
universities should be organized on a priority basis;
(6) intelligent vehicle highway systems represent the best
near-term technology for improving surface transportation for
public benefit by providing equipment which can improve traffic
flow and provide for enhanced safety;
(7) research and development programs related to surface
transportation are fragmented and dispersed throughout government
and need to be strengthened and incorporated in an integrated
framework within which a consensus on the goals of a national
surface transportation research and development program must be
developed;
(8) the inability of government agencies to cooperate
effectively, the difficulty of obtaining public support for new
systems and rights-of-way, and the high cost of capital financing
discourage private firms from investing in the development of new
transportation equipment and systems; therefore, the Federal
Government should sponsor and coordinate research and development
of new technologies to provide safer, more convenient, and
affordable transportation systems for use in the future; and
(9) an effective high technology applied research and
development program should be implemented quickly by strengthening
the Department of Transportation research and development staff
and by contracting with private industry for specific development
projects.
(b) SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT PLAN. --
(1) DEVELOPMENT. -- The Secretary shall develop an integrated
national surface transportation research and development plan
(hereinafter in this subsection referred to as the "plan").
(2) FOCUS. -- The plan shall focus on surface transportation
systems needed for urban, suburban, and rural areas in the next
decade.
(3) CONTENTS. -- The plan shall include the following:
(A) Details of the Department's surface transportation research
and development programs, including appropriate funding levels and
a schedule with milestones, preliinary cost estimates, appropriate
work scopes, personnel requirements, and estimated costs and goals
for the next 3 years for each area of research and development.
(B) A 10-year projection of long-term programs in surface
transportation research and development and recommendations for
the appropriate source or mechanism for surface transportation
research and development funding, taking into account
recommendations of the Research and Development Coordinating
Council of the Department of Transportation and the plan of the
National Council on Surface Transportation Research.
(C) Recommendations on changes needed to assure that Federal,
State, and local contracting procedures encourage the adoption of
advanced technologies developed as a consequence of the research
programs in this Act.
(4) OBJECTIVES. -- The plan shall provide for the following:
(A) The development, within the shortest period of time
possible, of a range of technologies needed to produce convenient,
safe, and affordable modes of surface transportation to be
available for public use beginning in the mid-1990's.
(B) Maintenance of a long-term advanced research and
development program to provide for next generation surface
transportation systems.
(5) COOPERATION WITH INDUSTRY. -- A primary component of the
plan shall be cooperation with industry in carrying out this part
and strengthening the manufacturing capabilities of United States
firms in order to produce products for surface transportation
systems.
(6) CONFORMANCE WITH PLAN. -- All surface transportation
research and development within the Department of Transportation
shall be included in the plan and shall be evaluated in accordance
with the plan.
(7) COORDINATION. -- In developing the plan and carrying out
this part, the Secretary shall consult with and, where
appropriate, use the expertise of other Federal agencies and their
laboratories.
(8) TRANSMITTAL. -- On or before January 15, 1993, and
annually thereafter, the Secretary shall transmit the plan to
Congress, together with the Secretary's comments and
recommendations. The Secretary shall review and update the plan
before each transmittal under this paragraph.
(9) RECOMMENDATIONS FOR ALTERNATIVES. -- In the event a
different technology or alternative program can be identified that
would accomplish the same or better results than those described
in this part, the Secretary may make recommendations for an
alternative, and shall promptly report such alternative
recommendations to Congress.
SEC. 6010. "23 USC 307 note" NATIONAL COUNCIL ON SURFACE
TRANSPORTATION RESEARCH.
(a) ESTABLISHMENT. -- There is established a National Council on
Surface Transportation Research (hereinafter in this section referred to
as the "Council").
(b) FUNCTION. -- The Council shall make a complete investigation and
study of current surface transportation research and technology
developments in the United States and internationally. The Council
shall identify gaps and duplication in current surface transportation
research efforts, determine research and development areas which may
increase efficiency, productivity, safety, and durability in the
Nation's surface transportation systems, and propose a national surface
transportation research and development plan for immediate
implementation.
(c) SPECIFIC MATTERS TO BE ADDRESSED. -- The Council shall --
(1) survey current surface transportation public and private
research efforts in the United States and internationally;
(2) examine factors which lead to fragmentation of surface
transportation research efforts and determine how increased
coordination in such efforts may be achieved;
(3) compare the role of the Federal Government with the role of
foreign governments in promoting transportation research and
evaluate the appropriateness of United States policy on
government-sponsored surface transportation research;
(4) identify barriers to innovation in surface transportation
systems;
(5) examine the range of funding arrangements available for
surface transportation research and development and the level of
resources currently available for such purposes; and
(6) identify surface transportation research areas and
opportunities, including opportunities for international
cooperation offering potential benefit to the Nation's surface
transportation system, assess the relative priority of such
research areas and plans, and develop a plan for national surface
transportation research and development which includes short-range
and long-range objectives.
(d) MEMBERSHIP. --
(1) APPOINTMENT. -- The Council shall be composed of 7 members
as follows:
(A) Three members appointed by the President.
(B) One member appointed by the Speaker of the House of
Representatives.
(C) One member appointed by the minority leader of the House of
Representatives.
(D) One member appointed by the majority leader of the Senate.
(E) One member appointed by the minority leader of the Senate.
(2) QUALIFICATIONS. --
(A) IN GENERAL. -- Members appointed pursuant to paragraph (1)
shall be appointed from among individuals involved in surface
transportation research, including representatives of Federal,
State, and local governments, other public agencies, colleges and
universities, public, private, and nonprofit research
organizations, and organizations representing transportation
providers, shippers, labor, and the financial community.
(B) INTERNATIONAL ADVISOR. -- One of the members appointed by
the President pursuant to paragraph (1)(A) shall serve as an
international research advisor for the Council.
(3) TERMS. -- Members shall be appointed for the life of the
Council.
(4) VACANCIES. -- A vacancy in the Council shall be filled in
the manner in which the original appointment was made.
(5) TRAVEL EXPENSES. -- Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(6) CHAIRMAN. -- The Chairman of the Council shall be elected
by the members.
(e) STAFF. -- The Council may appoint and fix the pay of such
personnel as it considers appropriate.
(f) STAFF OF FEDERAL AGENCIES. -- Upon request of the Council, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency to
the Council to assist it in carrying out its duties under this section.
(g) ADMINISTRATIVE SUPPORT SERVICES. -- Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
section.
(h) OBTAINING OFFICIAL DATA. -- The Council may secure directly from
any department or agency of the United States information necessary for
it to carry out its duties under this section. Upon request of the
Council, the head of that department or agency shall furnish that
information to the Council.
(i) REPORT. -- Not later than September 30, 1993, the Council shall
transmit to Congress a final report on the results of the investigation
and study conducted under this section. The report shall include
recommendations of the Council, including a proposed national surface
transportation research plan for immediate implementation.
(j) TERMINATION. -- The Council shall terminate on the 180th day
following the date of transmittal of the report under subsection (i).
All records and papers of the Council shall thereupon be delivered to
the Administrator of General Services for deposit in the National
Archives.
SEC. 6011. "23 USC 307 note" RESEARCH ADVISORY COMMITTEE.
(a) ESTABLISHMENT. -- Not later than 180 days after the date of
transmittal of the report to Congress under section 6010, the Secretary
shall establish an independent surface transportation research advisory
committee (hereinafter in this section referred to as the "advisory
committee").
(b) PURPOSES. -- The advisory committee shall provide ongoing advice
and recommendations to the Secretary regarding needs, objectives, plans,
approaches, content, and accomplishments with respect to short-term and
long-term surface transportation research and development. The advisory
committee shall also assist in ensuring that such research and
development is coordinated with similar research and development being
conducted outside of the Department of Transportation.
(c) MEMBERSHIP. -- The advisory committee shall be composed of not
less than 20 and not more than 30 members appointed by the Secretary
from among individuals who are not employees of the Department of
Transportation and who are specially qualified to serve on the advisory
committee by virtue of their education, training, or experience. A
majority of the members of the advisory committee shall be individuals
with experience in conducting surface transportation research and
development. The Secretary in appointing the members of the advisory
committee shall ensure that representatives of Federal, State, and local
governments, other public agencies, colleges and universities, public,
private, and nonprofit research organizations, and organizations
representing transportation providers, shippers, labor, and the
financial community are represented on an equitable basis.
(d) CHAIRMAN. -- The chairman of the advisory committee shall be
designated by the Secretary.
(e) PAY AND EXPENSES. -- Members of the advisory committee shall
serve without pay, except that the Secretary may allow any member, while
engaged in the business of the advisory committee or a subordinate
committee, travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United States
Code.
(f) SUBORDINATE COMMITTEES. -- The Secretary shall establish a
subordinate committee to the advisory committee to provide advice on
advanced highway vehicle technology research and development, and may
establish other subordinate committees to provide advice on specific
areas of surface transportation research and development. Such
subordinate committees shall be subject to subsections (e), (g), and (i)
of this section.
(g) ASSISTANCE OF SECRETARY. -- Upon request of the advisory
committee, the Secretary shall provide such information, administrative
services, support staff, and supplies as the Secretary determines to be
necessary for the advisory committee to carry out its functions.
(h) REPORTS. -- The advisory committee shall, within 1 year after
the date of establishment of the advisory committee, and annually
thereafter, submit to the Congress a report summarizing its activities
under this section.
(i) TERMINATION. -- Section 14 of the Federal Advisory Committee Act
shall not apply to the advisory committee established under this
section.
SEC. 6012. "23 USC 101 note" COMMEMORATION OF DWIGHT D. EISENHOWER
NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.
(a) STUDY. -- The Secretary shall conduct a study to determine an
appropriate symbol or emblem to be placed on highway signs referring to
the Interstate System to commemorate the vision of President Dwight D.
Eisenhower in creating the Dwight D. Eisenhower National System of
Interstate and Defense Highways.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study under this section.
SEC. 6013. STATE LEVEL OF EFFORT.
(a) STUDY. -- Not later than 3 months after the date of the
enactment of this Act, the Secretary and the Director of the Bureau of
Transportation Statistics shall begin a comprehensive study of the most
appropriate and accurate methods of calculating State level of effort in
funding surface transportation programs.
(b) CONTENTS. -- The study under subsection (a) shall include
collection of data relating to State and local revenues collected and
spent on surface transportation programs. Such revenues include income
from fuel taxes, toll revenues (including bridge, tunnel, and ferry
tolls), sales taxes, general fund appropriations, property taxes, bonds,
administrative fees, taxes on commercial vehicles, and such other State
and local revenue sources as the Director of the Bureau considers
appropriate.
(c) REPORT. -- Not later than 9 months after the date of the
enactment of this Act, the Secretary and the Director of the Bureau
shall transmit to the Committee on Environment and Public Works of the
Senate and the Committee on Public Works and Transportation of the House
of Representatives a report on the results of the study under this
section, including recommendations on the most appropriate measure of
State level of effort in funding surface transportation programs and
comprehensive data, by State, on revenue sources and amounts collected
by States and local governments and devoted to surface transportation
programs.
SEC. 6014. "23 USC 112 note" EVALUATION OF STATE PROCUREMENT
PRACTICES.
(a) STUDY. -- The Secretary shall conduct a study to evaluate
whether or not current procurement practices of State departments and
agencies, including statistical acceptance procedures, are adequate to
ensure that highway and transit systems are designed, constructed, and
maintained so as to achieve a high quality for such systems at the
lowest overall cost.
(b) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under this section, together with an
assessment of the need for establishing a national policy on
transportation quality assurance and recommendations for appropriate
legislative and administrative actions.
SEC. 6015. "49 USC 301 note" BORDER CROSSINGS.
(a) IDENTIFICATION. -- The Secretary, in cooperation with other
appropriate Federal agencies, shall identify existing and emerging trade
corridors and transportation subsystems that facilitate trade between
the United States, Canada, and Mexico.
(b) PRIORITIES AND RECOMMENDATIONS. -- The Secretary shall
investigate and develop priorities and recommendations for rail,
highway, water, and air freight centers and all highway border crossings
for States adjoining Canada and Mexico, including the Gulf of Mexico
States and other States whose transportation subsystems affect the trade
corridors. The recommendations shall provide for improvement and
integration of transportation corridor subsystems, methods for achieving
the optimum yield from such subsystems, methods for increasing
productivity, methods for increasing the use of advanced technologies,
and methods to encourage the use of innovative marketing techniques,
such as just-in-time deliveries.
(c) MINIMUM ELEMENTS. -- The highway border crossing assessment
under this section shall at a minimum --
(1) determine whether or not the border crossings are in
compliance with current Federal highway regulations and adequately
designed for future growth and expansion;
(2) assess their ability to accommodate increased commerce due
to the United States-Canada Free Trade Agreement and increased
trade between the United States and Mexico; and
(3) assess their ability to accommodate increasing
tourism-related traffic between the United States, Canada, and
Mexico.
The review shall specifically address issues related to the alignment of
United States and adjoining Canadian and Mexican highways at the border
crossings, the development of bicycle paths and pedestrian walkways, and
potential energy savings to be realized by decreasing truck delays at
the border crossings and related parking improvements.
(d) CONSULTATION. -- In carrying out this section, the Secretary
shall consult with appropriate Governors and representatives of the
Republic of Mexico and Canada.
(e) REPORT. -- Not later than 18 months after the date of the
enactment of this Act, the Secretary shall report to Congress and border
State Governors on transportation infrastructure needs, associated
costs, and economic impacts identified and propose an agenda to develop
systemwide integration of services for national benefits.
SEC. 6016. "23 USC 307 note" FUNDAMENTAL PROPERTIES OF ASPHALTS AND
MODIFIED ASPHALTS.
(a) STUDIES. -- The Administrator of the Federal Highway
Administration (hereinafter in this section referred to as the
"Administrator") shall conduct studies of the fundamental chemical
property and physical property of petroleum asphalts and modified
asphalts used in highway construction in the United States. Such
studies shall emphasize predicting pavement performance from the
fundamental and rapidly measurable properties of asphalts and modified
asphalts.
(b) CONTRACTS. -- To carry out the studies under subsection (a), the
Administrator shall enter into contracts with the Western Research
Institute of the University of Wyoming in order to conduct the necessary
technical and analytical research in coordination with existing programs
which evaluate actual performance of asphalts and modified asphalts in
roadways, including the Strategic Highway Research Program.
(c) ACTIVITIES OF STUDIES. -- The studies under subsection (a) shall
include the following activities:
(1) Fundamental composition studies.
(2) Fundamental physical and rheological property studies.
(3) Asphalt-aggregate interaction studies.
(4) Coordination of composition studies, physical and
rheological property studies, and asphalt-aggregate interaction
studies for the purposes of predicting pavement performance,
including refinements of Strategic Highway Research Program
specifications.
(d) TEST STRIP. --
(1) IMPLEMENTATION. -- The Administrator, in coordination with
the Western Research Institute of the University of Wyoming, shall
implement a test strip for the purpose of demonstrating and
evaluating the unique energy and environmental advantages of using
shale oil modified asphalts under extreme climatic conditions.
(2) FUNDING. -- For the purposes of construction activities
related to this test strip, the Secretary and the Director of the
National Park Service shall make up to $1,000,000 available from
amounts made available from the authorization for parkroads and
parkways.
(3) REPORT TO CONGRESS. -- Not later than November 30, 1995,
the Administrator shall transmit to Congress as part of a report
under subsection (e) the Administrator's findings on activities
conducted under this subsection, including an evaluation of the
test strip implemented under this subsection and recommendations
for legislation to establish a national program to support United
States transportation and energy security requirements.
(e) ANNUAL REPORT TO CONGRESS. -- Not later than 180 days after the
date of the enactment of this Act, and on or before November 30th of
each year beginning thereafter, the Administrator shall transmit to
Congress a report of the progress made in implementing this section.
(f) AUTHORIZATION OF APPROPRIATIONS. -- The Secretary shall expend
from administrative and research funds deducted under section 104(a) of
this title at least $3,000,000 for each of fiscal years 1992, 1993,
1994, 1995, and 1996 to carry out subsection (b).
SEC. 6017. RESEARCH AND DEVELOPMENT AUTHORITY OF SECRETARY OF
TRANSPORTATION.
Section 301(6) of title 49, United States Code, as redesignated by
section 502(a) of this Act, is amended by inserting ", and including
basic highway vehicle science" after "to aircraft noise".
SEC. 6018. PURPOSES OF DEPARTMENT OF TRANSPORTATION.
Section 101(b)(4) of title 49, United States Code, is amended by
inserting ", through research and development or otherwise" after
"advances in transportation".
SEC. 6019. ADVANCED AUTOMOTIVE CONFERENCE AND AWARD.
The Stevenson-Wydler Technology Innovation Act of 1980 is amended by
inserting after section 17 the following new sections, "15 USC
3712-3715" and by redesignating subsequent sections and all references
thereto accordingly:
"SEC. 18. "15 USC 3711b" CONFERENCE ON ADVANCED AUTOMOTIVE
TECHNOLOGIES.
"Not later than 180 days after the date of the enactment of this
section, the Secretary of Commerce, through the Under Secretary of
Commerce for Technology, in consultation with other appropriate
officials, shall convene a conference of domestic motor vehicle
manufacturers, parts suppliers, Federal laboratories, and motor vehicle
users to explore ways in which cooperatively they can improve the
competitiveness of the United States motor vehicle industry by
developing new technologies which will enhance the safety and energy
savings, and lessen the environmental impact of domestic motor vehicles,
and the results of such conference shall be published and then submitted
to the President and to the Committees on Science, Space, and Technology
and Public Works and Transportation of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
"SEC. 19. "15 USC 3711c" ADVANCED MOTOR VEHICLE RESEARCH AWARD.
"(a) ESTABLISHMENT. -- There is established a National Award for the
Advancement of Motor Vehicle Research and Development. The award shall
consist of a medal, and a cash prize if funding is available for the
prize under subsection (c). The medal shall be of such design and
materials and bear inscriptions as is determined by the Secretary of
Transportation.
"(b) MAKING AND PRESENTING AWARD. -- The Secretary of Transportation
shall periodically make and present the award to domestic motor vehicle
manufacturers, suppliers, or Federal laboratory personnel who, in the
opinion of the Secretary of Transportation, have substantially improved
domestic motor vehicle research and development in safety, energy
savings, or environmental impact. No person may receive the award more
than once every 5 years.
"(c) FUNDING FOR AWARD. -- The Secretary of Transportation may seek
and accept gifts of money from private sources for the purpose of making
cash prize awards under this section. Such money may be used only for
that purpose, and only such money may be used for that purpose.".
SEC. 6020. "49 USC 301 note" UNDERGROUND PIPELINES.
(a) STUDY. -- The Secretary shall conduct a study to evaluate the
feasibility, costs, and benefits of constructing and operating pneumatic
capsule pipelines for underground movement of commodities other than
hazardous liquids and gas.
(b) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under this section.
SEC. 6021. BUS TESTING.
(a) DEFINITION OF NEW BUS MODEL. -- Section 12(h) of the Federal
Transit Act (49 U.S.C. 1608(h)) is amended by inserting "(including any
model using alternative fuels)" after "means a bus model".
(b) DUTIES OF BUS TESTING FACILITY. -- Section 317(b)(1) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (49
U.S.C. App. 1608 note) is amended --
(1) by inserting "(including braking performance)" after
"performance"; and
(2) by inserting "emissions," after "fuel economy,".
(c) FUNDING. -- The first sentence of section 317(b)(5) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 is
amended by inserting before the period at the end the following: ", for
expansion of such facility $1,500,000 for fiscal year 1992, and for
establishment of a revolving fund under paragraph (6) $2,500,000 for
fiscal year 1992".
(d) REVOLVING LOAN FUND. -- Section 317(b) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 is amended
by adding at the end the following new paragraph:
"(6) REVOLVING LOAN FUND. -- The Secretary shall establish a
bus testing revolving loan fund with amounts authorized for such
purpose under paragraph (5). The Secretary shall make available
as repayable advances amounts from the fund to the person
described in paragraph (3) for operating and maintaining the
facility.".
SEC. 6022. NATIONAL TRANSIT INSTITUTE.
The Federal Transit Act (49 U.S.C. App. 1601-1621) is amended by
adding after section 28 the following new section:
"SEC. 29. "49 USC app. 1625" NATIONAL TRANSIT INSTITUTE.
"(a) ESTABLISHMENT. -- The Secretary shall make grants to Rutgers
University to establish a national transit institute. The institute
shall develop and administer, in cooperation with the Federal Transit
Administration, State transportation departments, public transit
agencies, and national and international entities, training programs of
instruction for Federal, State, and local transportation employees,
United States citizens, and foreign nationals engaged or to be engaged
in Federal-aid transit work. Such programs may include courses in
recent developments, techniques, and procedures relating to transit
planning, management, environmental factors, acquisition and joint use
of rights-of-way, engineering, procurement strategies for transit
systems, turn-key approaches to implementing transit systems, new
technologies, emission reduction technologies, means of making transit
accessible to individuals with disabilities, construction, maintenance,
contract administration, and inspection. The Secretary shall delegate
to the institute the authority vested in the Secretary for the
development and conduct of educational and training programs relating to
transit.
"(b) FUNDING. -- Not to exceed one-half of 1 percent of all funds
made available for a fiscal year beginning after September 30, 1991, to
a State or public transit agency in the State for carrying out sections
3 and 9 of the Federal Transit Act shall be available for expenditure by
the State and public transit agencies in the State, subject to approval
by the Secretary, for payment of not to exceed 80 percent of the cost of
tuition and direct educational expenses in connection with the education
and training of State and local transportation department employees as
provided in this section.
"(c) PROVISION OF TRAINING. -- Education and training of Federal,
State, and local transportation employees authorized by this section
shall be provided --
"(1) by the Secretary at no cost to the States and local
governments for those subject areas which are a Federal program
responsibility; or
"(2) in any case where such education and training are to be
paid for under subsection (b) of this section, by the State,
subject to the approval of the Secretary, through grants and
contracts with public and private agencies, other institutions,
individuals, and the institute.
"(d) FUNDING. -- The Secretary shall make available in equal amounts
from funds provided under section 21(c)(3) and 21(c)(4) $3,000,000 per
fiscal year for each of fiscal years 1992, 1993, 1994, 1995, 1996, and
1997 for carrying out this section. Notwithstanding any other provision
of law, approval by the Secretary of a grant with funds made available
under this subsection shall be deemed a contractual obligation of the
United States for payment of the Federal share of the cost of the
project.".
SEC. 6023. UNIVERSITY TRANSPORTATION CENTERS.
(a) ADDITIONAL RESPONSIBILITY. -- Section 11(b)(2) of the Federal
Transit Act (49 U.S.C. App. 1607c(b)(2)) is amended by inserting
"transportation safety and" after "training concerning".
(b) ESTABLISHMENT OF NEW CENTERS; PROGRAM COORDINATION. -- Section
11(b) of such Act (49 U.S.C. App. 1607c(b)) is amended by striking
paragraphs (7) and (8), by redesignating paragraphs (9) and (10) as
paragraphs (14) and (15), respectively, and by inserting after paragraph
(6) the following new paragraphs:
"(7) NATIONAL CENTER. -- To accelerate the involvement and
participation of minority individuals and women in
transportation-related professions, particularly in the science,
technology, and engineering disciplines, the Secretary shall make
grants under this section to Morgan State University to establish
a national center for transportation management, research, and
development. Such center shall give special attention to the
design, development, and implementation of research, training, and
technology transfer activities to increase the number of highly
skilled minority individuals and women entering the transportation
workforce.
"(8) CENTER FOR TRANSPORTATION AND INDUSTRIAL PRODUCTIVITY. --
"(A) IN GENERAL. -- The Secretary shall make grants under this
section to the New Jersey Institute of Technology to establish and
operate a center for transportation and industrial productivity.
Such center shall conduct research and development activities
which focus on methods to increase surface transportation
capacity, reduce congestion, and reduce costs for transportation
system users and providers through the use of transportation
management systems.
"(B) JAMES AND MARLENE HOWARD TRANSPORTATION INFORMATION
CENTER. --
"(i) GRANT. -- The Secretary shall make a grant to Monmouth
College, West Long Branch, New Jersey, for modification and
reconstruction of Building Number 500 at Monmouth College.
"(ii) ASSURANCES. -- Before making a grant under clause (i),
the Secretary shall receive assurances from Monmouth College that
--
"(I) the building referred to in clause (i) will be known and
designated as the 'James and Marlene Howard Transportation
Information Center'; and
"(II) transportation-related instruction and research in the
fields of computer science, electronic engineering, mathematics,
and software engineering conducted at the building referred to in
clause (i) will be coordinated with the Center for Transportation
and Industrial Productivity at the New Jersey Institute of
Technology.
"(iii) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized
to be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $2,242,000 in fiscal year 1992 for making
the grant under clause (i).
"(iv) APPLICABILITY OF TITLE 23. -- Funds authorized by clause
(iii) shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code; except that the Federal share of the cost of
activities conducted with the grant under clause (i) shall be 80
percent and such funds shall remain available until expended.
Funds authorized by clause (iii) shall not be subject to any
obligation limitation.
"(9) NATIONAL RURAL TRANSPORTATION STUDY CENTER. -- The
Secretary shall make grants under this section to the University
of Arkansas to establish a national rural transportation center.
Such center shall conduct research, training, and technology
transfer activities in the development, management, and operation
of intermodal transportation systems in rural areas.
"(10) NATIONAL CENTER FOR ADVANCED TRANSPORTATION TECHNOLOGY.
--
"(A) IN GENERAL. -- The Secretary shall make grants under
paragraph (10) to the University of Idaho to establish a National
Center for Advanced Transportation technology. Such center shall
be established and operated in partnership with private industry
and shall conduct industry driven research and development
activities which focus on transportation-related manufacturing and
engineering processes, materials, and equipment.
"(B) GRANTS. -- The Secretary shall make grants to the
University of Idaho, Moscow, Idaho, for planning, design, and
construction of a building in which the research and development
activities of the National Center for Advanced Transportation
Technology may be conducted.
"(C) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized
to be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) $2,500,000 for fiscal year 1992, $3,000,000
for fiscal year 1993, and $2,500,000 for fiscal year 1994 for
making the grants under subparagraph (B).
"(D) APPLICABILITY OF TITLE 23. -- Funds authorized by
subparagraph (C) shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of the cost
of activities conducted with the grant under subparagraph (B)
shall be 80 percent and such funds shall remain available until
expended. Funds authorized by subparagraph (B) shall not be
subject to any obligation limitation.
"(E) APPLICABILITY OF GRANT REQUIREMENTS. -- Any grant entered
into under this paragraph shall not be subject to the requirements
of subsection (b) of this section.
"(11) PROGRAM COORDINATION. --
"(A) IN GENERAL. -- The Secretary shall provide for the
coordination of research, education, training, and technology
transfer activities carried out by grant recipients under this
subsection, the dissemination of the results of such research, and
the establishment and operation of a clearinghouse between such
centers and the transportation industry. The Secretary shall
review and evaluate programs carried out by such grant recipients
at least annually.
"(B) FUNDING. -- Not to exceed 1 percent of the funds made
available from Federal sources to carry out this subsection may be
used by the Secretary to carry out this paragraph.
"(12) OBLIGATION CEILING. -- Amounts authorized out of the
Highway Trust Fund (other than the Mass Transit Account) to carry
out this subsection shall be subject to obligation limitations
established by section 102 of the Intermodal Surface
Transportation Efficiency Act of 1991.
"(13) AUTHORIZATIONS. -- There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) to carry
out this section $5,000,000 for fiscal year 1992 and $6,000,000
for each of the fiscal years 1993 through 1997. Notwithstanding
any other provision of law, approval by the Secretary of a grant
under this section shall be deemed a contractual obligation of the
United States for payment of the Federal share of the cost of the
project.".
SEC. 6024. UNIVERSITY RESEARCH INSTITUTES.
Section 11 of the Federal Transit Act (49 U.S.C. App. 1607c) is
amended by adding at the end the following new subsection:
"(c) UNIVERSITY RESEARCH INSTITUTES. --
"(1) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POLICY
STUDIES. -- The Secretary shall make grants under this section to
San Jose State University to establish and operate an institute
for national surface transportation policy studies. Such
institute shall --
"(A) include both male and female students of diverse
socioeconomic and ethnic backgrounds who are seeking careers in
the development and operations of surface transportation programs;
and
"(B) conduct research and development activities to analyze
ways of improving aspects of the development and operation of the
Nation's surface transportation programs.
"(2) INFRASTRUCTURE TECHNOLOGY INSTITUTE. -- The Secretary
shall make grants under this section to Northwestern University to
establish and operate an institute for the study of techniques to
evaluate and monitor infrastructure conditions, improve
information systems for infrastructure construction and
management, and study advanced materials and automated processes
for construction and rehabilitation of public works facilities.
"(3) URBAN TRANSIT INSTITUTE. -- The Secretary shall make
grants under this section to North Carolina A. and T. State
University through the Institute for Transportation Research and
Education and the University of South Florida and a consortium of
Florida A and M, Florida State University, and Florida
International University to establish and operate an
interdisciplinary institute for the study and dissemination of
techniques to address the diverse transportation problems of urban
areas experiencing significant and rapid growth.
"(4) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS. --
The Secretary shall make grants under this section to the
University of Minnesota, Center for Transportation Studies, to
establish and operate a national institute for intelligent
vehicle-highway concepts. Such institute shall conduct research
and recommend development activities which focus on methods to
increase roadway capacity, enhance safety, and reduce negative
environmental effects of transportation facilities through the use
of intelligent vehicle-highway systems technologies.
"(5) INSTITUTE FOR TRANSPORTATION RESEARCH AND EDUCATION. --
The Secretary shall make grants under this section to the
University of North Carolina to conduct research and development
and to direct technology transfer and training for State and local
transportation agencies to improve the overall surface
transportation infrastructure.
"(6) FUNDING. -- There is authorized to be appropriated out of
the Highway Trust Fund, other than the Mass Transit Account, for
each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997
$250,000 per fiscal year to carry out paragraph (1), $3,000,000
per fiscal year to carry out paragraph (2), $1,000,000 per fiscal
year to carry out paragraph (3), $1,000,000 per fiscal year to
carry out paragraph (4), and $1,000,000 per fiscal year to carry
out paragraph (5).
"(7) APPLICABILITY OF TITLE 23. -- Funds authorized by this
subsection shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23, United
States Code.".
SEC. 6051. "23 USC 307 note" SHORT TITLE.
This part may be cited as the "Intelligent Vehicle-Highway Systems
Act of 1991".
SEC. 6052. ESTABLISHMENT AND SCOPE OF PROGRAM.
(a) ESTABLISHMENT. -- Subject to the provisions of this part, the
Secretary shall conduct a program to research, develop, and
operationally test intelligent vehicle-highway systems and promote
implementation of such systems as a component of the Nation's surface
transportation systems.
(b) GOALS. -- The goals of the program to be carried out under this
part shall include, but not be limited to --
(1) the widespread implementation of intelligent
vehicle-highway systems to enhance the capacity, efficiency, and
safety of the Federal-aid highway system and to serve as an
alternative to additional physical capacity of the Federal-aid
highway system;
(2) the enhancement, through more efficient use of the
Federal-aid highway system, of the efforts of the several States
to attain air quality goals established pursuant to the Clean Air
Act;
(3) the enhancement of safe and efficient operation of the
Nation's highway systems with a particular emphasis on aspects of
systems that will increase safety and identification of aspects of
the system that may degrade safety;
(4) the development and promotion of intelligent
vehicle-highway systems and an intelligent vehicle-highway systems
industry in the United States, using authority provided under
section 307 of title 23, United States Code;
(5) the reduction of societal, economic, and environmental
costs associated with traffic congestion;
(6) the enhancement of United States industrial and economic
competitiveness and productivity by improving the free flow of
people and commerce and by establishing a significant United
States presence in an emerging field of technology;
(7) the development of a technology base for intelligent
vehicle-highway systems and the establishment of the capability to
perform demonstration experiments, using existing national
laboratory capabilities where appropriate; and
(8) the facilitation of the transfer of transportation
technology from national laboratories to the private sector.
SEC. 6053. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) COOPERATION. -- In carrying out the program under this part, the
Secretary shall foster use of the program as a key component of the
Nation's surface transportation systems and strive to transfer federally
owned or patented technology to State and local governments and the
United States private sector. As appropriate, in carrying out the
program under this part, the Secretary shall consult with the Secretary
of Commerce, the Administrator of the Environmental Protection Agency,
the Director of the National Science Foundation, and the heads of other
interested Federal departments and agencies and shall maximize the
involvement of the United States private sector, colleges and
universities, and State and local governments in all aspects of the
program, including design, conduct (including operations and
maintenance), evaluation, and financial or in-kind participation.
(b) STANDARDS. -- The Secretary shall develop and implement
standards and protocols to promote the widespread use and evaluation of
intelligent vehicle-highway systems technology as a component of the
Nation's surface transportation systems. To the extent practicable,
such standards and protocols shall promote compatibility among
intelligent vehicle-highway systems technologies implemented throughout
the States. In carrying out this subsection, the Secretary may use the
services of such existing standards-setting organizations as the
Secretary determines appropriate.
(c) EVALUATION GUIDELINES. -- The Secretary shall establish
guidelines and requirements for the evaluation of field and related
operational tests carried out pursuant to section 6055. Any survey,
questionnaire, or interview which the Secretary considers necessary to
carry out the evaluation of such tests shall not be subject to the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
(d) INFORMATION CLEARINGHOUSE. --
(1) ESTABLISHMENT. -- The Secretary shall establish and
maintain a repository for technical and safety data collected as a
result of federally sponsored projects carried out pursuant to
this part and shall make, upon request, such information (except
for proprietary information and data) readily available to all
users of the repository at an appropriate cost.
(2) DELEGATION OF AUTHORITY. -- The Secretary may delegate the
responsibility of the Secretary under this subsection, with
continuing oversight by the Secretary, to an appropriate entity
not within the Department of Transportation. If the Secretary
delegates such responsibility, the entity to which such
responsibility is delegated shall be eligible for Federal
assistance under this part.
(e) ADVISORY COMMITTEE. -- The Secretary may utilize one or more
advisory committees in carrying out this part. Any advisory committee
so utilized shall be subject to the Federal Advisory Committee Act.
Funding provided for any such committee shall be available from moneys
appropriated for advisory committees as specified in relevant
appropriations Acts and from funds allocated for research, development,
and implementation activities in connection with the intelligent
vehicle-highway systems program under this part.
SEC. 6054. STRATEGIC PLAN, IMPLEMENTATION AND REPORT TO CONGRESS.
(a) STRATEGIC PLAN. --
(1) DEVELOPMENT AND IMPLEMENTATION. -- Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
develop, submit to Congress, and commence implementation of a plan
for the intelligent vehicle-highway systems program.
(2) SCOPE. -- The plan shall --
(A) specify the goals, objectives, and milestones of the
intelligent vehicle-highway program and how specific projects
relate to the goals, objectives, and milestones, including
consideration of the 5- 10- and 20-year timeframes for the goals
and objectives;
(B) detail the status of and challenges and nontechnical
constraints facing the program;
(C) establish a course of action necessary to achieve the
program's goals and objectives;
(D) provide for the development of standards and protocols to
promote and ensure compatibility in the implementation of
intelligent vehicle-highway systems technologies; and
(E) provide for the accelerated use of advanced technology to
reduce traffic congestion along heavily populated and traveled
corridors.
(b) INTELLIGENT VEHICLE HIGHWAY SYSTEMS. -- The Secretary shall
develop an automated highway and vehicle prototype from which future
fully automated intelligent vehicle-highway systems can be developed.
Such development shall include research in human factors to ensure the
success of the man-machine relationship. The goal of this program is to
have the first fully automated roadway or an automated test track in
operation by 1997. This system shall accommodate installation of
equipment in new and existing motor vehicles.
(c) IMPLEMENTATION REPORTS. --
(1) IN GENERAL. -- Not later than 2 years after the date of
the enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on implementation of the plan
developed under subsection (a).
(2) SCOPE OF IMPLEMENTATION REPORTS. -- In preparing reports
under this subsection, the Secretary shall --
(A) analyze the possible and actual accomplishments of
intelligent vehicle-highway systems projects in achieving
congestion, safety, environmental, and energy conservation goals
and objectives of the program;
(B) specify cost-sharing arrangements made, including the scope
and nature of Federal investment, in any research, development, or
implementation project under the program;
(C) assess nontechnical problems and constraints identified as
a result of each such implementation project; and
(D) include, if appropriate, any recommendations of the
Secretary for legislation or modification to the plan developed
under subsection (a).
(d) NONTECHNICAL CONSTRAINTS. --
(1) REPORT TO CONGRESS. -- In cooperation with the Attorney
General and the Secretary of Commerce, the Secretary shall prepare
and submit, not later than 2 years after the date of the enactment
of this Act, a report to Congress addressing the nontechnical
constraints and barriers to implementation of the intelligent
vehicle-highway systems program.
(2) SCOPE OF REPORT. -- The report shall --
(A) address antitrust, privacy, educational and staffing needs,
patent, liability, standards, and other constraints, barriers, or
concerns relating to the intelligent vehicle-highway systems
program;
(B) recommend legislative and administrative actions necessary
to further the program; and
(C) address ways to further promote industry and State and
local government involvement in the program.
(3) UPDATE OF REPORT. -- Not later than 5 years after the date
of the enactment of this Act, the Secretary shall prepare and
submit to Congress an update of the report under this subsection.
SEC. 6055. TECHNICAL, PLANNING, AND OPERATIONAL TESTING PROJECT
ASSISTANCE.
(a) TECHNICAL ASSISTANCE AND INFORMATION. -- The Secretary may
provide planning and technical assistance and information to State and
local governments seeking to use and evaluate intelligent
vehicle-highway systems technologies. In doing so, the Secretary shall
assist State and local officials in developing plans for areawide
traffic management control centers, necessary laws pertaining to
establishment and implementation of such systems, and plans for
infrastructure for such systems and in conducting other activities
necessary for the intelligent vehicle-highway systems program.
(b) PLANNING GRANTS. -- The Secretary may make grants to State and
local governments for feasibility and planning studies for development
and implementation of intelligent vehicle-highway systems. Such grants
shall be made at such time, in such amounts, and subject to such
conditions as the Secretary may determine.
(c) ELIGIBILITY OF CERTAIN TRAFFIC MANAGEMENT ENTITIES. -- Any
interagency traffic and incident management entity, including
independent public authorities or agencies, contracted by a State
department of transportation for implementation of a traffic management
system for a designated corridor is eligible to receive Federal
assistance under this part through the State department of
transportation.
(d) OPERATIONAL TESTING PROJECTS. -- The Secretary may make grants
to non-Federal entities, including State and local governments,
universities, and other persons, for operational tests relating to
intelligent vehicle-highway systems. In deciding which projects to fund
under this subsection, the Secretary shall --
(1) give the highest priority to those projects that --
(A) will contribute to the goals and objectives specified in
plan developed under section 6054; and
(B) will minimize the relative percentage of Federal
contributions (excluding funds apportioned under section 104 of
title 23, United States Code) to total project costs;
(2) seek to fund operational tests that advance the current
state of knowledge and, where appropriate, build on successes
achieved in previously funded work involving such systems; and
(3) require that operational tests utilizing Federal funds
under this part have a written evaluation of the intelligent
vehicle-highway systems technologies investigated and of the
results of the investigation which is consistent with the
guidelines developed pursuant to section 6053(c).
(e) AUTHORITY TO USE FUNDS. -- Each State and eligible local entity
is authorized to use funds provided under this part for implementation
purposes in connection with the intelligent vehicle-highway systems
program.
SEC. 6056. APPLICATIONS OF TECHNOLOGY.
(a) IVHS CORRIDORS PROGRAM. -- The Secretary shall designate
transportation corridors in which application of intelligent
vehicle-highway systems will have particular benefit and, through
financial and technical assistance under this part, shall assist in the
development and implementation of such systems.
(b) PRIORITIES. -- In providing funding for corridors under this
section, the Secretary shall allocate not less than 50 percent of the
funds made available to carry out this section to eligible State or
local entities for application of intelligent vehicle-highway systems in
not less than 3 but not more than 10 corridors with the following
characteristics:
(1) Traffic density (as a measurement of vehicle miles traveled
per highway mile) at least 1.5 times the national average for such
class of highway.
(2) Severe or extreme nonattainment for ozone under the Clean
Air Act, as determined by the Administrator of the Environmental
Protection Agency.
(3) A variety of types of transportation facilities, such as
highways, bridges, tunnels, and toll and nontoll facilities.
(4) Inability to significantly expand capacity of existing
surface transportation facilities.
(5) A significant mix of passenger, transit, and commercial
motor carrier traffic.
(6) Complexity of traffic patterns.
(7) Potential contribution to the implementation of the
Secretary's plan developed under section 6054.
(c) OTHER CORRIDORS AND AREAS. -- After the allocation pursuant to
subsection (b), the balance of funds made available to carry out this
section shall be allocated to eligible State and local entities for
application of intelligent vehicle-highway systems in corridors and
areas where the application of such systems and associated technologies
will make a potential contribution to the implementation of the
Secretary's plan for the intelligent vehicle-highway systems program
under section 6054 and demonstrate benefits related to any of the
following:
(1) Improved operational efficiency.
(2) Reduced regulatory burden.
(3) Improved commercial productivity.
(4) Improved safety.
(5) Enhanced motorist and traveler performance.
Such corridors and areas may be in both urban and rural areas and may be
interstate and intercity corridors. Urban corridors shall have a
significant number of the characteristics set forth in subsection (b).
SEC. 6057. COMMERCIAL MOTOR VEHICLE SAFETY TECHNOLOGY.
(a) STUDY. -- The Secretary shall conduct a study to evaluate
technology which is designed for installation on a commercial motor
vehicle to provide the individual operating the vehicle with a warning
if a turn, lane change, or other intended movement of the vehicle by the
operator will place the vehicle in the path of an adjacent object or
vehicle.
(b) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report
containing findings and recommendations concerning the study conducted
under this section.
SEC. 6058. FUNDING.
(a) IVHS CORRIDORS PROGRAM. -- There is authorized to be
appropriated to the Secretary for carrying out section 6056, out of the
Highway Trust Fund (other than the Mass Transit Account), $71,000,000
for fiscal year 1992 and $86,000,000 per fiscal year for each of fiscal
years 1993 through 1997. In addition to amounts made available by
subsection (b), any amounts authorized by this subsection and not
allocated by the Secretary for carrying out section 6056 for fiscal
years 1992 and 1993 may be used by the Secretary for carrying out other
activities authorized under this part.
(b) OTHER IVHS ACTIVITIES. -- There is authorized to be appropriated
to the Secretary for carrying out this part (other than section 6056),
out of the Highway Trust Fund (other than the Mass Transit Account),
$23,000,000 for fiscal year 1992 and $27,000,000 per fiscal year for
each of fiscal years 1993 through 1997.
(c) RESERVATION OF FUNDS. -- Of the funds made available pursuant to
subsection (a), not less than 5 percent shall only be available for
innovative, high-risk operational or analytical tests that do not
attract substantial non-Federal commitments but are determined by the
Secretary as having significant potential to help accomplish long-term
goals established by the plan developed pursuant to section 6054.
(d) FEDERAL SHARE PAYABLE. -- The Federal share payable on account
of activities carried out under this part shall not exceed 80 percent of
the cost of such activities. The Secretary may waive application of the
preceding sentence for projects undertaken pursuant to subsection (c) of
this section. The Secretary shall seek maximum private participation in
the funding of such activities.
(e) APPLICABILITY OF TITLE 23. -- Funds authorized by this section
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of any activity under this
section shall be determined in accordance with this section and such
funds shall remain available until expended. Such funds shall be
subject to the obligation limitation imposed by section 102 of this Act.
SEC. 6059. DEFINITIONS.
For the purposes of this part, the following definitions apply:
(1) IVHS. -- The term "intelligent vehicle-highway systems"
means the development or application of electronics,
communications, or information processing (including advanced
traffic management systems, commercial vehicle operations,
advanced traveler information systems, commercial and advanced
vehicle control systems, advanced public transportation systems,
satellite vehicle tracking systems, and advanced vehicle
communications systems) used singly or in combination to improve
the efficiency and safety of surface transportation systems.
(2) CORRIDOR. -- The term "corridor" means any major
transportation route which includes parallel limited access
highways, major arterials, or transit lines; and, with regard to
traffic incident management, such term may include more distant
transportation routes that can serve as viable options to each
other in the event of traffic incidents.
(3) STATE. -- The term "State" has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 6071. ADVANCED TRANSPORTATION SYSTEM AND ELECTRIC VEHICLE
RESEARCH AND DEVELOPMENT CONSORTIA.
(a) GENERAL AUTHORITY. --
(1) PROPOSAL. -- Not later than 3 months after the date of the
enactment of this Act, an eligible consortium may submit to the
Secretary a proposal for receiving grants made available under
this section for electric vehicle and advanced transportation
research and development.
(2) CONTENTS OF PROPOSAL. -- A proposal submitted under
paragraph (1) shall include --
(A) a description of the eligible consortium making the
proposal;
(B) a description of the type of additional members targeted
for inclusion in the consortium;
(C) a description of the eligible consortium's ability to
contribute significantly to the development of vehicles,
transportation systems, or related subsystems and equipment, that
are competitive in the commercial market and its ability to enable
serial production processes;
(D) a description of the eligible consortium's financing scheme
and business plan, including any projected contributions of State
and local governments and other parties;
(E) assurances, by letter of credit or other acceptable means,
that the eligible consortium is able to meet the requirement
contained in subsection (b)(6); and
(F) any other information the Secretary requires in order to
make selections under this section.
(3) GRANT AUTHORITY. -- Except as provided in paragraph (4),
not later than 6 months after the date of the enactment of this
Act, the Secretary shall award grants to not less than 3 eligible
consortia. No one eligible consortium may receive more than
one-third of the funds made available for grants under this
section.
(4) EXTENSION. -- If fewer than 3 complete applications from
eligible consortia have been received in time to permit the
awarding of grants under paragraph (3), the Secretary may extend
the deadlines for the submission of applications and the awarding
of grants.
(b) ELIGIBILITY CRITERIA. -- To be qualified to receive assistance
under this section, an eligible consortium shall --
(1) be organized for the purpose of designing and developing
electric vehicles and advanced transportation systems, or related
systems or equipment, or for the purpose of enabling serial
production processes;
(2) facilitate the participation in the consortium of small-
and medium-sized businesses in conjunction with large established
manufacturers, as appropriate;
(3) to the extent practicable, include participation in the
consortium of defense and aerospace suppliers and manufacturers;
(4) to the extent practicable, include participation in the
consortium of entities located in areas designated as
nonattainment areas under the Clean Air Act;
(5) be designed to use State and Federal funding to attract
private capital in the form of grants or investments to further
the purposes stated in paragraph (1); and
(6) ensure that at least 50 percent of the costs of the
consortium, subject to the requirements of subsection (a)(3), be
provided by non-Federal sources.
(c) SERVICES. -- Services to be performed by an eligible consortium
using amounts from grants made available under this part shall include
--
(1) obtaining funding for the acquisition of plant sites,
conversion of plant facilities, and acquisition of equipment for
the development or manufacture of advanced transportation systems
or electric vehicles, or other related systems or equipment,
especially for environmentally benign and cost-effective
manufacturing processes;
(2) obtaining low-cost, long-term loans or investments for the
purposes described in paragraph (1);
(3) recruiting and training individuals for electric vehicle-
and transit-related technical design, manufacture, conversion, and
maintenance;
(4) conducting marketing surveys for services provided by the
consortium;
(5) creating electronic access to an inventory of industry
suppliers and serving as a clearinghouse for such information;
(6) consulting with respect to applicable or proposed Federal
motor vehicle safety standards;
(7) creating access to computer architecture needed to simulate
crash testing and to design internal subsystems and related
infrastructure for electric vehicles and advanced transportation
systems to meet applicable standards; and
(8) creating access to computer protocols that are compatible
with larger manufacturers' systems to enable small- and
medium-sized suppliers to compete for contracts for advanced
transportation systems and electric vehicles and other related
systems and equipment.
SEC. 6072. DEFINITIONS.
For purposes of this part, the following definitions apply:
(1) ADVANCED TRANSPORTATION SYSTEM. -- The term "advanced
transportation system" means a system of mass transportation, such
as an electric trolley bus or alternative fuels bus, which employs
advanced technology in order to function cleanly and efficiently;
(2) ELECTRIC VEHICLE. -- The term "electric vehicle" means a
passenger vehicle, such as a van, primarily powered by an electric
motor that draws current from rechargeable storage batteries, fuel
cells, or other sources of electrical current, and that may
include a nonelectrical source of supplemental power; and
(3) ELIGIBLE CONSORTIUM. -- The term "eligible consortium"
means a consortium of --
(A) businesses incorporated in the United States;
(B) public or private educational or research organizations
located in the United States;
(C) entities of State or local governments in the United
States; or
(D) Federal laboratories.
SEC. 6073. FUNDING.
Funds shall be made available to carry out this part as provided in
section 21(b)(3)(E) of the Federal Transit Act.
SEC. 7001. SHORT TITLE.
This title "49 USC app. 2451 note" may be cited as the "Metropolitan
Washington Airports Act Amendments of 1991".
SEC. 7002. BOARD OF REVIEW.
(a) COMPOSITION. -- Section 6007(f)(1) of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456(f)(1)) is amended
to read as follows:
"(1) COMPOSITION. -- The board of directors shall be subject
to review of its actions and to requests, in accordance with this
subsection, by a Board of Review of the Airports Authority. The
Board of Review shall be established by the board of directors to
represent the interests of users of the Metropolitan Washington
Airports and shall be composed of 9 members appointed by the board
of directors as follows:
"(A) 4 individuals from a list provided by the Speaker of the
House of Representatives.
"(B) 4 individuals from a list provided by the President pro
tempore of the Senate.
"(C) 1 individual chosen alternately from a list provided by
the Speaker of the House of Representatives and from a list
provided by the President pro tempore of the Senate.
In addition to the recommendations on a list provided under
this paragraph, the board of directors may request additional
recommendations.".
(b) TERMS AND QUALIFICATIONS. -- Section 6007(f)(2) of such Act "49
USC app. 2456" is amended to read as follows:
"(2) TERMS, VACANCIES, AND QUALIFICATIONS. --
"(A) TERMS. -- Members of the Board of Review appointed under
paragraphs (1)(A) and (1)(B) shall be appointed for terms of 6
years. Members of the Board of Review appointed under paragraph
(1)(C) shall be appointed for terms of 2 years. A member may
serve after the expiration of that member's term until a successor
has taken office.
"(B) VACANCIES. -- A vacancy in the Board of Review shall be
filled in the manner in which the original appointment was made.
Any member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of such term.
"(C) QUALIFICATIONS. -- Members of the Board of Review shall
be individuals who have experience in aviation matters and in
addressing the needs of airport users and who themselves are
frequent users of the Metropolitan Washington Airports. A member
of the Board of Review shall be a registered voter of a State
other than Maryland, Virginia, or the District of Columbia.
"(D) EFFECT OF MORE THAN 4 VACANCIES. -- At any time that the
Board of Review established under this subsection has more than 4
vacancies and lists have been provided for appointments to fill
such vacancies, the Airports Authority shall have no authority to
perform any of the actions that are required by paragraph (4) to
be submitted to the Board of Review.".
(c) PROCEDURES. -- Section 6007(f)(3) of such Act is amended by
inserting "and for the selection of a Chairman" after "proxy voting".
(d) REVIEW PROCEDURE. --
(1) ACTIONS SUBJECT TO REVIEW. -- Section 6007(f)(4)(B) of
such Act is amended --
(A) by inserting "and any amendments thereto" before the
semicolon at the end of clause (i);
(B) by inserting "and an annual plan for issuance of bonds and
any amendments to such plan" before the semicolon at the end of
clause (ii);
(C) in clause (iv) by striking ", including any proposal for
land acquisition; and" and inserting a semicolon;
(D) by striking the period at the end of clause (v) and
inserting a semicolon; and
(E) by adding at the end the following new clauses:
"(vi) the award of a contract (other than a contract in
connection with the issuance or sale of bonds which is executed
within 30 days of the date of issuance of the bonds) which has
been approved by the board of directors of the Airports Authority;
"(vii) any action of the board of directors approving a
terminal design or airport layout or modification of such design
or layout; and
"(viii) the authorization for the acquisition or disposal of
land and the grant of a long-term easement.".
(2) RECOMMENDATIONS. -- Section 6007(f)(4) of such Act "49 USC
app. 2456" is amended by striking subparagraphs (C) and (D) and
inserting the following new subparagraphs:
"(C) RECOMMENDATIONS. -- The Board of Review may make to the
board of directors recommendations regarding an action within
either (i) 30 calendar days of its submission under this
paragraph; or (ii) 10 calendar days (excluding Saturdays,
Sundays, and holidays, and any day on which neither House of
Congress is in session because of an adjournment sine die, a
recess of more than 3 days, or an adjournment of more than 3 days)
of its submission under this paragraph; whichever period is
longer. Such recommendations may include a recommendation that
the action not take effect. If the Board of Review does not make
a recommendation in the applicable review period under this
subparagraph or if at any time in such review period the Board of
Review decides that it will not make a recommendation on an
action, the action may take effect.
"(D) EFFECT OF RECOMMENDATION. --
"(i) RESPONSE. -- An action with respect to which the Board of
Review has made a recommendation in accordance with subparagraph
(C) may only take effect if the board of directors adopts such
recommendation or if the board of directors has evaluated and
responded, in writing, to the Board of Review with respect to such
recommendation and transmits such action, evaluation, and response
to Congress in accordance with clause (ii) and the 60-calendar day
period described in clause (ii) expires.
"(ii) NONADOPTION OF RECOMMENDATION. -- If the board of
directors does not adopt a recommendation of the Board of Review
regarding an action, the board of directors shall transmit to the
Speaker of the House of Representatives and the President of the
Senate a detailed description of the action, the recommendation of
the Board of Review regarding the action, and the evaluation and
response of the board of directors to such recommendation, and the
action may not take effect until the expiration of 60 calendar
days (excluding Saturdays, Sundays, and holidays, and any day on
which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an
adjournment of more than 3 days) beginning on the day on which the
board of directors makes such transmission to the Speaker of the
House of Representatives and the President of the Senate.
"(E) LIMITATION ON EXPENDITURES. -- Unless an annual budget
for a fiscal year has taken effect in accordance with this
paragraph, the Airports Authority may not obligate or expend any
money in such fiscal year, except for (i) debt service on
previously authorized obligations, and (ii) obligations and
expenditures for previously authorized capital expenditures and
routine operating expenses.".
(3) CONFORMING AMENDMENT. -- Section 6007(f)(4) of such Act is
further amended by striking "DISAPPROVAL PROCEDURE. -- " and
inserting "REVIEW PROCEDURE. -- ".
(e) CONGRESSIONAL DISAPPROVAL PROCEDURE. -- Section 6007(f) of such
Act "49 USC app. 2456" is amended by redesignating paragraphs (5), (6),
(7), and (8) as paragraphs (6), (7), (8), and (9), respectively, and by
inserting after paragraph (4) the following new paragraph:
"(5) CONGRESSIONAL DISAPPROVAL PROCEDURE. --
"(A) IN GENERAL. -- This paragraph is enacted by Congress --
"(i) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such these
provisions are deemed a part of the rule of each House,
respectively, but applicable only with respect to the procedure to
be followed in that House in the case of resolutions described by
this paragraph; and they 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 rule (so far as relating to the
procedure 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.
"(B) RESOLUTION DEFINED. -- For the purpose of this paragraph,
the term 'resolution' means only a joint resolution, relating to
an action of the board of directors transmitted to Congress in
accordance with paragraph (4)(D)(ii), the matter after the
resolving clause of which is as follows: 'That the Congress
disapproves of the action of the board of directors of the
Metropolitan Washington Airports Authority described as follows:
. . . .', the blank space therein being appropriately filled.
Such term does not include a resolution which specifies more than
one action.
"(C) REFERRAL. -- A resolution with respect to a board of
director's action shall be referred to the Committee on Public
Works and Transportation of the House of Representatives, or the
Committee on Commerce, Science and Technology of the Senate, by
the Speaker of the House of Representatives or the President of
the Senate, as the case may be.
"(D) MOTION TO DISCHARGE. -- If the committee to which a
resolution has been referred has not reported it at the end of 20
calendar days after its introduction, it is in order to move to
discharge the committee from further consideration of that joint
resolution or any other resolution with respect to the board of
directors action which has been referred to the committee.
"(E) RULES WITH RESPECT TO MOTION. -- A motion to discharge
may be made only by an individual favoring the resolution, is
highly privileged (except that it may not be made after the
committee has reported a resolution with respect to the same
action), and debate thereon shall be limited to not more than 1
hour, to be divided equally between those favoring and those
opposing the resolution. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to. Motions to
postpone shall be decided without debate.
"(F) EFFECT OF MOTION. -- If the motion to discharge is agreed
to or disagreed to, the motion may not be renewed, nor may another
motion to discharge the committee be made with respect to any
other resolution with respect to the same action.
"(G) SENATE PROCEDURE. --
"(i) MOTION TO PROCEED. -- When the committee of the Senate
has reported, or has been discharged from further consideration
of, a resolution, it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed to)
to move to proceed to the consideration of the resolution. The
motion is highly privileged and is not debatable. An amendment to
the motion is not in order, and it is not in order to move to
reconsider the vote by which the motion is agreed to or disagreed
to.
"(ii) LIMITATION ON DEBATE. -- Debate in the Senate on the
resolution shall be limited to not more than 10 hours, which shall
be divided equally between those favoring and those opposing the
resolution. A motion further to limit debate is not debatable.
An amendment to, or motion to recommit, the resolution is not in
order, and it is not in order to move to reconsider the vote by
which the resolution is agreed to or disagreed to.
"(iii) NO DEBATE ON CERTAIN MOTIONS. -- In the Senate, motions
to postpone made with respect to the consideration of a resolution
and motions to proceed to the consideration of other business
shall be decided without debate.
"(iv) APPEALS. -- Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a resolution shall be decided without
debate.
"(H) EFFECT OF ADOPTION OF RESOLUTION BY OTHER HOUSE. -- If,
before the passage by 1 House of a joint resolution of that House,
that House receives from the other House a joint resolution, then
the following procedures shall apply:
"(i) The joint resolution of the other House shall not be
referred to a committee and may not be considered in the House
receiving it, except in the case of final passage as provided in
clause (ii)(I).
"(ii) With respect to a joint resolution described in clause
(i) of the House receiving the joint resolution --
"(I) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
"(II) the vote on final passage shall be on the joint
resolution of the other House.
Upon disposition of the joint resolution received from the
other House, it shall no longer be in order to consider the joint
resolution that originated in the receiving House.".
(f) CONFLICTS OF INTEREST; REMOVAL FOR CAUSE. -- Section 6007(f) of
such Act is further amended by adding at the end the following new
paragraphs "49 USC app. 2456":
"(10) CONFLICTS OF INTEREST. -- In every contract or agreement
to be made or entered into, or accepted by or on behalf of the
Airports Authority, there shall be inserted an express condition
that no member of a Board of Review shall be admitted to any share
or part of such contract or agreement, or to any benefit to arise
thereupon.
"(11) REMOVAL. -- A member of the Board of Review shall be
subject to removal only for cause by a two-thirds vote of the
board of directors.".
(g) LIMITATION ON AUTHORITY. -- Section 6007(h) of such Act "49 USC
app. 2456" is amended by inserting "thereafter" before "shall have no".
(h) REVIEW OF CONTRACTS. -- Section 6007 of such Act is further
amended by adding at the end the following new subsection:
"(i) REVIEW OF CONTRACTING PROCEDURES. -- The Comptroller General
shall review contracts of the Airports Authority to determine whether
such contracts were awarded by procedures which follow sound Government
contracting principles and are in compliance with section 6005(c)(4) of
this title. The Comptroller General shall submit periodic reports of
the conclusions reached as a result of such review to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.".
SEC. 7003. "49 USC app. 2454 note" AMENDMENT OF LEASE.
The Secretary of Transportation may amend the lease entered into with
the Metropolitan Washington Airports Authority under section 6005(a) of
the Metropolitan Washington Airports Authority Act of 1986 to secure the
Airports Authority's consent to the conditions relating to the new Board
of Review to be established pursuant to the amendments made by this Act.
SEC. 7004. "49 USC app. 2456 note" TERMINATION OF EXISTING BOARD OF
REVIEW AND ESTABLISHMENT OF NEW BOARD OF REVIEW.
(a) TERMINATION OF EXISTING BOARD AND ESTABLISHMENT OF NEW BOARD. --
Except as provided in subsection (b), the Board of Review of the
Metropolitan Washington Airports Authority in existence on the day
before the date of the enactment of this Act shall terminate on such
date of enactment and the board of directors of such Airports Authority
shall establish a new Board of Review in accordance with the
Metropolitan Washington Airports Act of 1986, as amended by this Act.
(b) PROTECTION OF CERTAIN ACTIONS. -- The provisions of section
6007(h) of the Metropolitan Washington Airports Act (49 U.S.C. App.
2456(h)) in effect on the day before the date of the enactment of this
Act shall apply only to those actions specified in section 6007(f)(4)(B)
of such Act that would have been submitted to the Board of Review of the
Metropolitan Washington Airports Authority on or after June 17, 1991,
the date on which the Board of Review of the Airports Authority was
declared unable to carry out certain of its functions pursuant to
judicial order. Actions taken by the Airports Authority and submitted
to the Board of Review pursuant to section 6007(f)(4) of such Act prior
to June 17, 1991, and not disapproved, shall remain in effect and shall
not be set aside solely by reason of a judicial order invalidating
certain functions of the Board of Review.
(c) LIMITATION ON AUTHORITY OF AIRPORTS AUTHORITY. -- The
Metropolitan Washington Airports Authority shall have no authority to
perform any of the actions that are required by section 6007(f)(4) of
the Metropolitan Washington Airports Act, as amended by this Act, to be
submitted to the Board of Review after the date of the enactment of this
Act until the board of directors of the Airports Authority establishes a
new Board of Review in accordance with such Act and appoints the 9
members of the Board of Review.
SEC. 8001. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) "26 USC 1 note" SHORT TITLE. -- This title may be cited as the
"Surface Transportation Revenue Act of 1991".
(b) AMENDMENT OF 1986 CODE. -- Except as otherwise expressly
provided, whenever in this title 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 Internal Revenue Code of 1986.
SEC. 8002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) EXTENSION OF TAXES. -- The following provisions are each amended
by striking "1995" each place it appears and inserting "1999":
(1) Section 4051(c) "26 USC 4051" (relating to tax on heavy
trucks and trailers sold at retail).
(2) Section 4071(d) "26 USC 4071" (relating to tax on tires and
tread rubber).
(3) Section 4081(d)(1) (relating to Highway Trust Fund
financing rate on gasoline).
(4) Section 4091(b)(6)(A) "26 USC 4091" (relating to Highway
Trust Fund financing rate on diesel fuel).
(5) Sections 4481(c), 4482(c)(4), and 4482(d) "26 USC 4481,
4482" (relating to highway use tax).
(b) EXTENSION OF EXEMPTIONS. -- The following provisions are each
amended by striking "1995" each place it appears and inserting "1999":
(1) Section 4041(f)(3) "26 USC 4041" relating to exemptions for
farm use).
(2) Section 4041(g) (relating to other exemptions).
(3) Section 4221(a) "26 USC 4221" (relating to certain tax-free
sales).
(4) Section 4483(g) "26 USC 4483" (relating to termination of
exemptions for highway use tax).
(5) Section 6420(h) "26 USC 6420" (relating to gasoline used on
farms).
(6) Section 6421(i) "26 USC 6421" (relating to gasoline used
for certain non-highway purposes, etc.).
(7) Section 6427(g)(5) "26 USC 6427" (relating to advance
repayment of increased diesel fuel tax).
(8) Section 6427(o) (relating to fuels not used for taxable
purposes).
(c) OTHER PROVISIONS. --
(1) FLOOR STOCKS REFUNDS. -- Section 6412(a)(1) "26 USC 6412"
(relating to floor stocks refunds) is amended --
(A) by striking "1995" each place it appears and inserting
"1999", and
(B) by striking "1996" each place it appears and inserting
"2000".
(2) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX. -- Section
6156(e)(2) "26 USC 6156" (relating to installment payments of
highway use tax on use of highway motor vehicles) is amended by
striking "1995" and inserting "1999".
(d) EXTENSION OF DEPOSITS INTO, AND CERTAIN TRANSFERS FROM, TRUST
FUND. --
(1) IN GENERAL. -- Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 "26 USC 9503" (relating to the
Highway Trust Fund) are each amended --
(A) by striking "1995" each place it appears and inserting
"1999", and
(B) by striking "1996" each place it appears and inserting
"2000".
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS. --
(A) IN GENERAL. -- Paragraphs (4)(A)(i) and (5)(A) of section
9503(c) are each amended by striking "1995" and inserting "1997".
(B) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND.
-- Section 201(b) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-11) is amended --
(i) by striking "1995" and inserting "1997", and
(ii) by striking "1996" each place it appears and inserting
"1998".
(C) EXTENSION OF EXPENDITURES FROM BOAT SAFETY ACCOUNT. --
Subsection (c) of section 9504 "26 USC 9504" is amended by
striking "1994" and inserting "1998".
(e) EXTENSION AND EXPANSION OF EXPENDITURES FROM TRUST FUND. --
(1) EXPENDITURES. -- Subsections (c)(1) and (e)(3) of section
9503 are each amended by striking "1993" and inserting "1997".
(2) PURPOSES. -- Paragraph (1) of section 9503(c) is amended
by striking subparagraph (D) and inserting the following:
"(D) authorized to be paid out of the Highway Trust Fund under
the Intermodal Surface Transportation Efficiency Act of 1991.
In determining the authorizations under the Acts referred to in
the preceding subparagraphs, such Acts shall be applied as in
effect on the date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991."
(f) EXPANSION OF MASS TRANSIT ACCOUNT EXPENDITURE PURPOSES. --
Paragraph (3) of section 9503(e) is amended --
(1) by inserting "or capital-related" after "capital" the first
place it appears, and
(2) by striking "in accordance with section 21(a)(2) of the
Urban Mass Transportation Act of 1964." and inserting "in
accordance with --
"(A) paragraph (1) or (3) of subsection (a), or paragraph (1)
or (3) of subsection (b), of section 21 of the Federal Transit
Act, or
"(B) the Intermodal Surface Transportation Efficiency Act of
1991,
as such Acts are in effect on the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991."
(g) "23 USC 101 note" USE OF REVENUES FOR ENFORCEMENT OF HIGHWAY
TRUST FUND TAXES. -- The Secretary of Transportation shall not impose
any condition on the use of funds transferred under section 1040 of this
Act to the Internal Revenue Service. The Secretary of the Treasury
shall, at least 60 days before the beginning of each fiscal year (after
fiscal year 1992) for which such funds are to be transferred, submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate detailing the
increased enforcement activities to be financed with such funds with
respect to taxes referred to in section 9503(b)(1) of the Internal
Revenue Code of 1986.
(h) TAX EVASION REPORT. -- The Secretary of Transportation shall
also submit each report prepared pursuant to section 1040(d) "23 USC 101
note" of this Act to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate not later
than the applicable date specified therein.
(i) EXPENDITURES FROM SPORT FISHING RESTORATION ACCOUNT. --
Subparagraph (B) of section 9504(b)(2) "26 USC 9504" is amended to read
as follows:
"(B) to carry out the purposes of the Coastal Wetlands
Planning, Protection and Restoration Act (as in effect on November
29, 1990)."
SEC. 8003. NATIONAL RECREATIONAL TRAILS TRUST FUND.
(a) IN GENERAL. -- Subchapter A of chapter 98 (relating to trust
fund code) is amended by adding at the end thereof the following new
section:
"SEC. 9511. "26 USC 9511" NATIONAL RECREATIONAL TRAILS TRUST FUND.
"(a) CREATION OF TRUST FUND. -- There is established in the Treasury
of the United States a trust fund to be known as the "National
Recreational Trails Trust Fund", consisting of such amounts as may be
credited or paid to such Trust Fund as provided in this section, section
9503(c)(6), or section 9602(b).
"(b) CREDITING OF CERTAIN UNEXPENDED FUNDS. -- There shall be
credited to the National Recreational Trails Trust Fund amounts returned
to such Trust Fund under section 1302(e)(8) of the Intermodal Surface
Transportation Efficiency Act of 1991.
"(c) EXPENDITURES FROM TRUST FUND. -- Amounts in the National
Recreational Trails Trust Fund shall be available, as provided in
appropriation Acts, for making expenditures before October 1, 1997, to
carry out the purposes of sections 1302 and 1303 of the Intermodal
Surface Transportation Efficiency Act of 1991, as in effect on the date
of the enactment of such Act."
(b) CERTAIN HIGHWAY TRUST FUND RECEIPTS PAID INTO NATIONAL
RECREATIONAL TRAILS TRUST FUND. -- Subsection (c) of section 9503 "26
USC 9503" is amended by adding at the end thereof the following new
paragraph:
"(6) TRANSFERS FROM TRUST FUND OF CERTAIN RECREATIONAL FUEL
TAXES, ETC. --
"(A) IN GENERAL. -- The Secretary shall pay from time to time
from the Highway Trust Fund into the National Recreational Trails
Trust Fund amounts (as determined by him) equivalent to 0.3
percent (as adjusted under subparagraph (C)) of the total Highway
Trust Fund receipts for the period for which the payment is made.
"(B) LIMITATION. -- The amount paid into the National
Recreational Trails Trust Fund under this paragraph during any
fiscal year shall not exceed the amount obligated under section
1302 of the Intermodal Surface Transportation Efficiency Act of
1991 (as in effect on the date of the enactment of this paragraph)
for such fiscal year to be expended from such Trust Fund.
"(C) ADJUSTMENT OF PERCENTAGE. --
"(i) FIRST YEAR. -- Within 1 year after the date of the
enactment of this paragraph, the Secretary shall adjust the
percentage contained in subparagraph (A) so that it corresponds to
the revenues received by the Highway Trust Fund from nonhighway
recreational fuel taxes.
"(ii) SUBSEQUENT YEARS. -- Not more frequently than once every
3 years, the Secretary may increase or decrease the percentage
established under clause (i) to reflect, in the Secretary's
estimation, changes in the amount of revenues received in the
Highway Trust Fund from nonhighway recreational fuel taxes.
"(iii) AMOUNT OF ADJUSTMENT. -- Any adjustment under clause
(ii) shall be not more than 10 percent of the percentage in effect
at the time the adjustment is made.
"(iv) USE OF DATA. -- In making the adjustments under clauses
(i) and (ii), the Secretary shall take into account data on
off-highway recreational vehicle registrations and use.
"(D) NONHIGHWAY RECREATIONAL FUEL TAXES. -- For purposes of
this paragraph, the term 'nonhighway recreational fuel taxes'
means taxes under section 4041, 4081, and 4091 (to the extent
attributable to the Highway Trust Fund financing rate) with
respect to --
"(i) fuel used in vehicles on recreational trails or back
country terrain (including vehicles registered for highway use
when used on recreational trails, trail access roads not eligible
for funding under title 23, United States Code, or back country
terrain), and
"(ii) fuel used in campstoves and other nonengine uses in
outdoor recreational equipment.
Such term shall not include small-engine fuel taxes (as defined
by paragraph (5)) and taxes which are credited or refunded.
"(E) TERMINATION. -- No amount shall be paid under this
paragraph after September 30, 1997.".
(c) CLERICAL AMENDMENT. -- The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:
"Sec. 9511. National Recreational Trails Trust Fund.".
(d) "26 USC 9503 note" REPORT ON NONHIGHWAY RECREATIONAL FUEL TAXES.
-- The Secretary of the Treasury shall, within a reasonable period after
the close of each of fiscal years 1992 through 1996, submit a report to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate specifying his estimate of the amount
of nonhighway recreational fuel taxes (as defined in section 9503(c)(6)
of the Internal Revenue Code of 1986, as added by this Act) received in
the Treasury during such fiscal year.
SEC. 8004. "49 USC app. 1601 note" COMMUTE-TO-WORK BENEFITS.
(a) FINDINGS. -- The Congress finds that --
(1) current Federal policy places commuter transit benefits at
a disadvantage compared to drive-to-work benefits;
(2) this Federal policy is inconsistent with important national
policy objectives, including the need to conserve energy, reduce
reliance on energy imports, lessen congestion, and clean our
Nation's air;
(3) commuter transit benefits should be part of a comprehensive
solution to national transportation and air pollution problems;
(4) current Federal law allows employers to provide only up to
$21 per month in employee benefits for transit or van pools;
(5) the current "cliff provision", which treats an entire
commuter transit benefit as taxable income if it exceeds $21 per
month, unduly penalizes the most effective employer efforts to
change commuter behavior;
(6) employer-provided commuter transit incentives offer many
public benefits, including increased access of low-income persons
to good jobs, inexpensive reduction of roadway and parking
congestion, and cost-effective incentives for timely arrival at
work; and
(7) legislation to provide equitable treatment of
employer-provided commuter transit benefits has been introduced
with bipartisan support in both the Senate and House of
Representatives.
(b) POLICY. -- The Congress strongly supports Federal policy that
promotes increased use of employer-provided commuter transit benefits.
Such a policy "levels the playing field" between transportation modes
and is consistent with important national objectives of energy
conservation, reduced reliance on energy imports, lessened congestion,
and clean air.
SEC. 8005. BUDGET COMPLIANCE.
(a) IN GENERAL. -- If obligations provided for programs pursuant to
this Act for fiscal year 1992 will cause --
(1) the total outlays in any of the fiscal years 1992 through
1995 which result from this Act, to exceed
(2) the total outlays for such programs in any such fiscal year
which result from appropriation Acts for fiscal year 1992 and are
attributable to obligations for fiscal year 1992,
then the Secretary of Transportation shall reduce proportionately the
obligations provided for each program pursuant to this Act for fiscal
year 1992 to the extent required to avoid such excess outlays.
(b) COORDINATION WITH OTHER PROVISIONS. -- The provisions of this
section shall apply, notwithstanding any provision of this Act to the
contrary.
Approved December 18, 1991.
LEGISLATIVE HISTORY -- H.R. 2950 (S. 1204):
HOUSE REPORTS: Nos. 102-171, Pt. 1 (Comm. on Public Works and
Transportation) and Pt. 2 (Comm. on Ways and Means), and 102-404 (Comm.
of Conference).
SENATE REPORTS: No. 102-71 accompanying S. 1204 (Comm. on
Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 137 (1991): June 11-14, 17-19, S. 1204
considered and passed Senate. Oct. 23, H.R. 2950 considered and passed
House. Oct. 31, considered and passed Senate, amended, in lieu of S.
1204. Nov. 26, House agreed to conference report. Nov. 27, Senate
agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
18, Presidential remarks and statement.
Public Law 102-239, 105 Stat. 1912
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER OF CERTAIN RECOVERY REQUIREMENTS.
Section 2713(d) of the Public Health Service Act (42 U.S.C.
300aaa-12(d)) is amended by striking "(a)(2)" and inserting "(a)".
SEC. 2. USE BY STATES OF FORFEITED REAL PROPERTY FOR STATE PARKS OR
RELATED PURPOSES.
Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is
amended --
(1) in paragraph (1)(B), by striking "sell," and inserting
"except as provided in paragraph (4), sell,"; and
(2) by adding at the end the following new paragraph:
"(4)(A) With respect to real property described in subparagraph (B),
if the chief executive officer of the State involved submits to the
Attorney General a request for purposes of such subparagraph, the
authority established in such subparagraph is in lieu of the authority
established in paragraph (1)(B).
"(B) In the case of property described in paragraph (1)(B) that is
civilly or criminally forfeited under this title, if the property is
real property that is appropriate for use as a public area reserved for
recreational or historic purposes or for the preservation of natural
conditions, the Attorney General, upon the request of the chief
executive officer of the State in which the property is located, may
transfer title to the property to the State, either without charge or
for a nominal charge, through a legal instrument providing that --
"(i) such use will be the principal use of the property; and
Public Law 102-238, 105 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 "25 USC 2201 note" may be cited as the "Technical Amendments
to Various Indian Laws Act of 1991".
SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.
(a) EXTENSION OF TIME FOR OPERATION OF CERTAIN GAMING ACTIVITIES. --
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is
amended by adding at the end of paragraph (7) the following new
subparagraphs:
"(E) Notwithstanding any other provision of this paragraph, the
term 'class II gaming' includes, during the 1-year period
beginning on the date of enactment of this subparagraph, any
gaming described in subparagraph (B)(ii) that was legally operated
on Indian lands in the State of Wisconsin or Montana on or before
May 1, 1988, if the Indian tribe having jurisdiction over the
lands on which such gaming was operated requested the State, by no
later than November 16, 1988, to negotiate a Tribal-State compact
under section 11(d)(3) of the Indian Gaming Regulatory Act (25
U.S.C. 2710(d)(3)).
"(F) If, during the 1-year period described in subparagraph
(E), there is a final judicial determination that the gaming
described in subparagraph (E) is not legal as a matter of State
law, then such gaming on such Indian land shall cease to operate
on the date next following the date of such judicial decision.".
(b) REAUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL INDIAN GAMING
COMMISSION. -- Section 19(b) of the Indian Gaming Regulatory Act (25
U.S.C. 2718(b)) is amended by adding at the end thereof the following
new sentence: "Notwithstanding the provisions of section 18, there are
authorized to be appropriated such sums as may be necessary to fund the
operation of the Commission for each of the fiscal years beginning
October 1, 1991, and October 1, 1992.".
SEC. 3. AMENDMENTS TO THE INDIAN LAND CONSOLIDATION ACT.
Section 204 of the Indian Land Consolidation Act (25 U.S.C. 2203) is
amended --
(1) by deleting "(1) the sale price" and inserting in lieu
thereof "(1) except as provided by subsection (c), the sale
price"; and
(2) by adding immediately after subsection (b) the following
new subsection:
"(c) The Secretary may execute instruments of conveyance for less
than fair market value to effectuate the transfer of lands used as
homesites held, on the date of the enactment of this subsection, by the
United States in trust for the Cherokee Nation of Oklahoma. Only the
lands used as homesites, and described in the land consolidation plan of
the Cherokee Nation of Oklahoma approved by the Secretary on February 6,
1987, shall be subject to this subsection.".
SEC. 4. AMENDMENT TO THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE
ALLOTMENT OF LANDS OF THE CROW TRIBE, FOR THE DISTRIBUTION OF TRIBAL
FUNDS, AND FOR OTHER PURPOSES".
Section 1 of the Act entitled "An Act to provide for the allotment of
lands of the Crow Tribe, for the distribution of tribal funds, and for
other purposes", approved June 4, 1920 (41 Stat. 751) is amended by
inserting immediately after "Provided, That any Crow Indian classified
as competent shall have the full responsibility of obtaining compliance
with the terms of any lease made", a comma and the following: "except
for those terms that pertain to conservation and land use measures on
the land, and the Superintendent shall ensure that the leases contain
proper conservation and land use provisions and shall also enforce such
provisions".
SEC. 5. AMENDMENT TO THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT TO PROVIDE AUTHORITY FOR THE PROVISION OF ASSISTANCE UNDER
TITLE IX OF THE ACT TO PROGRAMS ADMINISTERED BY THE STATE OF HAWAII
UNDER THE ACT OF JULY 9, 1921.
(a) Title IX of the Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625) is amended by adding at the end of subtitle D the
following:
"SEC. 962. "42 USC 1437f note" AUTHORIZATION FOR THE PROVISION OF
ASSISTANCE TO PROGRAMS ADMINISTERED BY THE STATE OF HAWAII UNDER THE ACT
OF JULY 9, 1921.
"(a) ASSISTANCE AUTHORIZED. -- The Secretary of Housing and Urban
Development is authorized to provide assistance, under any housing
assistance program administered by the Secretary, to the State of
Hawaii, for use by the State in meeting the responsibilities with which
it has been charged under the provisions of the Act of July 9, 1921 (42
Stat. 108).
"(b) MORTGAGE INSURANCE. --
"(1) IN GENERAL. -- Notwithstanding any other provision or
limitation of this Act, or the National Housing Act, including
those relating to marketability of title, the Secretary of Housing
and Urban Development may provide mortgage insurance covering any
property on lands set aside under the provisions of the Act of
July 9, 1921 (42 Stat. 108), upon which there is or will be
located a multifamily residence, for which the Department of the
Hawaiian Home Lands of the State of Hawaii --
"(A) is the mortgagor or co-mortgagor;
"(B) guarantees in writing to reimburse the Secretary for any
mortgage insurance claim paid in connection with such property;
or
"(C) offers other security that is acceptable to the Secretary,
subject to appropriate conditions prescribed by the Secretary.
"(2) SALE ON DEFAULT. -- In the event of a default on a
mortgage insured pursuant to paragraph (1), the Department of
Hawaiian Home Lands of the State of Hawaii may sell the insured
property or housing unit to an eligible beneficiary as defined in
the Act of July 9, 1921 (42 Stat. 108).".
(b) Section 958 of the Cranston-Gonzalez National Affordable Housing
Act "42 USC 1437f note" (Public Law 101-625) is repealed.
SEC. 6. AVAILABILITY OF FUNDS.
(a) FISCAL YEARS 1989 AND 1990. -- (1) Moneys appropriated under the
heading "Community Planning and Development" and the subheading
"Community Development Grants" in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1989, and under the
same heading and subheading in title II of the Dire Emergency
Supplemental Appropriations and Transfers, Urgent Supplementals, and
Correcting Enrollment Errors Act of 1989, for infrastructure development
on Hawaiian Home Lands are hereby made available for the purposes for
which appropriated without regard to any fiscal year limitation, Public
Law 88-352, Public Law 90-284, or any other law.
(2) Moneys appropriated under the heading "Community Planning and
Development" and the subheading "Community Development Grants" in the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1990, for infrastructure
development on Hawaiian Home Lands are hereby made available for the
purposes for which appropriated without regard to any fiscal year
limitation. Public Law 88-352, Public Law 90-284, or any other law.
(b) FISCAL YEARS 1991 AND 1992. -- (1) Moneys appropriated for
special purpose grants under the heading "Annual Contributions For
Assisted Housing" and subheading "(Including Recession And Transfer Of
Funds)" in the Department of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1991, for
infrastructure development on Hawaiian Home Lands are hereby made
available for the purposes for which appropriated without regard to any
fiscal year limitation, Public Law 88-352, Public Law 90-284, or any
other law.
(2) Moneys appropriated for special purpose grants under the heading
"Annual Contributions For Assisted Housing" and subheading "(Including
Recession and Transfer of Funds)" in the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1992, for infrastructure development on Hawaiian
Home Lands are hereby made available for the purposes for which
appropriated without regard to any fiscal year limitation, Public Law
88-352, Public Law 90-284, or any other law.
SEC. 7. AMENDMENTS TO SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
WATER RIGHTS SETTLEMENT ACT.
The Salt River Pima-Maricopa Indian Community Water Rights Settlement
Act of 1988 (Public Law 100-512) is amended in sections 7(a), 7(d),
10(a)(1)(A), 10(a)(1)(B), and 12(b), "102 Stat. 2553, 2556, 2559" by
striking out "December 31, 1991" and inserting in lieu thereof "June 30,
1992".
Approved December 17, 1991.
LEGISLATIVE HISTORY -- S. 1193:
SENATE REPORTS: No. 102-66 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): June 4, considered and passed
Senate. July 29, considered and passed House, amended. Sept. 24,
Senate concurred in House amendment with amendments. Oct. 8, Senate
vitiated proceedings of Sept. 24; concurred in House amendment with an
amendment. Nov. 23, House concurred in Senate amendment with an
amendment. Nov. 25, Senate concurred in House amendment.
Public Law 102-237, 105 Stat. 1818
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 "Food, Agriculture, Conservation, and
Trade Act Amendments of 1991".
SEC. 2. "7 USC 1421 note" TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 101. References.
Sec. 102. Conserving use acres.
Sec. 103. Double cropping of 0/92 acres.
Sec. 104. Announcement of acreage reduction programs for rice.
Sec. 105. Corn and sorghum bases.
Sec. 106. Cover crops on reduced acreage.
Sec. 107. Cotton user marketing certificates.
Sec. 108. Malting barley.
Sec. 109. Deficiency payments for wheat, barley, and oats.
Sec. 110. Minor oilseed loan rates.
Sec. 111. Sugar.
Sec. 112. Crop acreage base.
Sec. 113. Miscellaneous amendments to the Agricultural Act of 1949.
Sec. 114. Miscellaneous amendments relating to the Food,
Agriculture, Conservation, and Trade Act of 1990.
Sec. 115. Miscellaneous amendments to the Agricultural Adjustment
Act.
Sec. 116. Miscellaneous amendments to the Agricultural Adjustment
Act of 1938.
Sec. 117. Section redesignation.
Sec. 118. Other miscellaneous commodity amendments.
Sec. 119. Sense of Congress regarding imported barley and oats.
Sec. 120. Cotton classing fees.
Sec. 121. Sense of Congress regarding targeted option payments.
Sec. 122. Transfer of peanut quota undermarketings.
Sec. 123. Cotton futures contracts.
Sec. 124. Lamb price and supply reporting services report and
system.
Sec. 125. Cotton first handler marketing certificates.
Sec. 126. Production of black-eyed peas for donation.
Sec. 127. Milk price support program limited to 48 contiguous
States.
Sec. 128. Modification of milk production termination program.
Sec. 201. Amendments to the Food, Agriculture, Conservation, and
Trade Act of 1990.
Sec. 202. Amendment to the Soil Conservation and Domestic Allotment
Act.
Sec. 203. Farms for the Future.
Sec. 204. Amendments to the Food Security Act of 1985.
Sec. 301. Superfluous punctuation in farmer to farmer provisions.
Sec. 302. Punctuation correction in Enterprise for the Americas
Initiative.
Sec. 303. Spelling correction in section 604.
Sec. 304. Missing word in section 606.
Sec. 305. Punctuation error in section 607.
Sec. 306. Typographical correction in section 612.
Sec. 307. Erroneous quotation.
Sec. 308. Punctuation correction.
Sec. 309. Date correction.
Sec. 310. Missing subtitle heading correction.
Sec. 311. Redesignation of subsection.
Sec. 312. Date correction to section 404.
Sec. 313. Date correction to section 416.
Sec. 314. Redesignation of section.
Sec. 315. Cross reference correction.
Sec. 316. Placement clarification.
Sec. 317. Punctuation correction.
Sec. 318. Elimination of obsolete cross reference.
Sec. 319. Cross reference correction.
Sec. 320. Correcting clerical errors in section 204 of the
Agricultural Trade Act of 1978.
Sec. 321. Capitalization correction.
Sec. 322. Correction of error in date.
Sec. 323. Correction of typographical error.
Sec. 324. Cross reference correction.
Sec. 325. Elimination of superfluous word.
Sec. 326. Cross reference correction.
Sec. 327. Amendment to section 602.
Sec. 328. Section 407 corrections.
Sec. 329. Section 407(b) amendment.
Sec. 330. Supplemental views in annual report.
Sec. 331. Consultations with Congress.
Sec. 332. Statute designation.
Sec. 333. Correction of placement and indentation of subparagraph.
Sec. 334. Export credit guarantee program.
Sec. 335. Technical amendments to the Food for Progress Program.
Sec. 336. Miscellaneous amendment to the Agricultural Trade
Development and Assistance Act of 1954.
Sec. 337. Reporting requirements.
Sec. 338. Sharing United States agricultural expertise and
information.
Sec. 339. Conforming amendment relating to the Environment for the
Americas Board.
Sec. 401. Competitive, special, and facilities research grants.
Sec. 402. National Agricultural Research, Extension, and Teaching
Policy Act of 1977.
Sec. 403. Rural development and small farm research and education.
Sec. 404. National Genetic Resources Program.
Sec. 405. Alternative agricultural research and commercialization.
Sec. 406. Deer tick research.
Sec. 407. Miscellaneous research provisions.
Sec. 408. Sustainable agriculture research and education.
Sec. 501. Amendments to the Consolidated Farm and Rural Development
Act.
Sec. 502. Amendments to the Farm Credit Act of 1971.
Sec. 503. Federal Agricultural Mortgage Corporation.
Sec. 601. Federal crop insurance.
Sec. 602. Disaster relief.
Sec. 701. Amendments to the Consolidated Farm and Rural Development
Act.
Sec. 702. Amendments to the Food, Agriculture, Conservation, and
Trade Act of 1990.
Sec. 703. Amendments to the Rural Electrification Act of 1936.
Sec. 704. Rural health leadership development.
Sec. 801. Short title.
Sec. 802. Pecans.
Sec. 803. Mushrooms.
Sec. 804. Potatoes.
Sec. 805. Limes.
Sec. 806. Soybeans.
Sec. 807. Honey.
Sec. 808. Cotton.
Sec. 809. Fluid milk.
Sec. 810. Wool.
Sec. 901. Application of Food Stamp Act of 1977 to disabled persons.
Sec. 902. Categorical eligibility for recipients of general
assistance.
Sec. 903. Exclusions from income.
Sec. 904. Resources that cannot be sold for a significant return.
Sec. 905. Resource exemption for households exempt under AFDC or
SSI.
Sec. 906. Technical amendment on transitional housing.
Sec. 907. Performance standards for employment and training
programs.
Sec. 908. Suspension of certain requirements, and study, of food
stamp program on Indian reservations.
Sec. 909. Value of allotment.
Sec. 910. Prorating within a certification period.
Sec. 911. Recovery of claims caused by nonfraudulent household
errors.
Sec. 912. Demonstration projects for vehicle exclusion limit.
Sec. 913. Definition of retail food store.
Sec. 921. Extension of elderly commodity processing demonstrations.
Sec. 922. Reduction of Federal paperwork for distribution of
commodities.
Sec. 931. Purposes.
Sec. 932. Definitions.
Sec. 933. Indian subsistence farming demonstration grant program.
Sec. 934. Training and technical assistance.
Sec. 935. Tribal consultation.
Sec. 936. Use of grants.
Sec. 937. Amount and term of grant.
Sec. 938. Other requirements.
Sec. 939. Authorization of appropriations.
Sec. 941. Technical amendments to the Food Stamp Act of 1977.
Sec. 942. Amendment relating to the Hunger Prevention Act of 1988.
Sec. 1001. Organic certification.
Sec. 1002. Agricultural fellowships.
Sec. 1003. Outreach and assistance for socially disadvantaged
farmers and ranchers.
Sec. 1004. Protection of pets.
Sec. 1005. Critical agricultural materials.
Sec. 1006. Amendments to FIFRA and related provisions.
Sec. 1007. Grain standards.
Sec. 1008. Packers and stockyards.
Sec. 1009. Redundant language in Warehouse Act.
Sec. 1010. Clarification of Food, Agriculture, Conservation, and
Trade Act of 1990.
Sec. 1011. Perishable agricultural commodities.
Sec. 1012. Egg products inspection.
Sec. 1013. Prevention of introduction of brown tree snakes to Hawaii
from Guam.
Sec. 1014. Grant to prevent and control potato diseases.
Sec. 1015. Collection of fees for inspection services.
Sec. 1016. Exemption and study of certain food products.
Sec. 1017. Fees for laboratory accreditation.
Sec. 1018. State and private forestry technical amendments.
Sec. 1019. Repeal of Public Law 76-543.
Sec. 1101. Effective dates.
SEC. 101. REFERENCES.
Except as otherwise specifically provided, whenever in this title a
section is amended, repealed, or referenced, such amendment, repeal, or
reference shall be considered to be made to that section of the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
SEC. 102. CONSERVING USE ACRES.
(a) RICE. -- Section 101B(c)(1)(E) (7 U.S.C. 1441-2(c)(1)(E)) is
amended --
(1) by indenting 2 ems the left margin of clauses (i) and (ii)
and redesignating such clauses as subclauses (I) and (II),
respectively;
(2) by striking "(E) ALTERNATIVE CROPS. -- The Secretary" and
inserting the following:
"(E) ALTERNATIVE CROPS. --
"(i) INDUSTRIAL AND OTHER CROPS. -- The Secretary";
(3) by indenting 2 ems the left margin of clause (i) as amended
by paragraph (2));
(4) by striking "sesame, castor beans, crambe," and inserting
"castor beans,";
(5) by striking "rye, mung beans," and inserting "rye, millet,
mung beans,";
(6) in subclause (I) (as redesignated by paragraph (1)), by
striking "and will not affect farm income adversely"; and
(7) by adding at the end the following new clause:
"(ii) SESAME AND CRAMBE. -- The Secretary shall permit,
subject to such terms and conditions as the Secretary may
prescribe, all or any part of acreage otherwise required to be
devoted to conservation uses as a condition of qualifying for
payments under subparagraph (D) to be devoted to sesame and
crambe. In implementing this clause, if the Secretary determines
that sesame or crambe are considered oilseeds under section 205,
the Secretary shall provide that, in order to receive payments
under subparagraph (D), the producers shall agree to forgo
eligibility to receive a loan under section 205 for the crop of
sesame or crambe produced on the farm.".
(b) COTTON. -- Section 103B(c)(1)(E) (7 U.S.C. 1444-2(c)(1)(E)) is
amended --
(1) by indenting 2 ems the left margin of clauses (i) and (ii)
and redesignating such clauses as subclauses (I) and (II),
respectively;
(2) by striking "(E) ALTERNATIVE CROPS. -- The Secretary" and
inserting the following:
"(E) ALTERNATIVE CROPS. --
"(i) INDUSTRIAL AND OTHER CROPS. -- The Secretary";
(3) by indenting 2 ems the left margin of clause (i) (as
amended by paragraph (2));
(4) by striking "sesame, castor beans, crambe," and inserting
"castor beans,";
(5) by striking "rye, mung beans," and inserting "rye, millet,
mung beans,";
(6) in subclause (I) (as redesignated by paragraph (1)), by
striking "and will not affect farm income adversely"; and
(7) by adding at the end the following new clause:
"(ii) SESAME AND CRAMBE. -- The Secretary shall permit,
subject to such terms and conditions as the Secretary may
prescribe, all or any part of acreage otherwise required to be
devoted to conservation uses as a condition of qualifying for
payments under subparagraph (D) to be devoted to sesame and
crambe. In implementing this clause, if the Secretary determines
that sesame or crambe are considered oilseeds under section 205,
the Secretary shall provide that, in order to receive payments
under subparagraph (D), the producers shall agree to forgo
eligibility to receive a loan under section 205 for the crop of
sesame or crambe produced on the farm.".
(c) FEED GRAINS. -- Section 105B(c)(1)(F) (7 U.S.C. 1444f(c)(1)(E))
is amended --
(1) in clause (i) --
(A) by striking "sesame, castor beans, crambe," and inserting
"castor beans,";
(B) by striking "rye, mung beans," and inserting "rye, millet,
mung beans,"; and
(C) in subclause (I), by striking "and will not affect farm
income adversely"; and
(2) in clause (ii), by striking "mustard seed, and" and
inserting "mustard seed, sesame, crambe, and".
(d) WHEAT. -- Section 107B(c)(1)(F) (7 U.S.C. 1445b-3a(c)(1)(F)) is
amended --
(1) in clause (i) --
(A) by striking "sesame, castor beans, crambe," and inserting
"castor beans,";
(B) by striking "rye, mung beans," and inserting "rye, millet,
mung beans,"; and
(C) in subclause (I), by striking "and will not affect farm
income adversely"; and
(2) in clause (ii), by striking "mustard seed, and" and
inserting "mustard seed, sesame, crambe, and".
SEC. 103. DOUBLE CROPPING OF 0/92 ACRES.
(a) FEED GRAINS. -- Section 105B(c)(1)(F) (7 U.S.C. 1444f(c)(1)(F))
is amended by adding at the end the following new clause:
"(iii) DOUBLE CROPPING. -- The Secretary shall permit, subject
to such terms and conditions as the Secretary may prescribe, all
or any portion of the acreage otherwise required to be devoted to
conservation uses as a condition of qualifying for payments under
subparagraph (E) that is devoted to an industrial, oilseed, or
other crop pursuant to clause (i) or (ii) to be subsequently
planted during the same crop year to any crop described in
subparagraph (B), (C), or (D) of section 504(b)(1). The planting
of soybeans as such subsequently planted crop shall be limited to
farms determined by the Secretary to have an established history
of double cropping soyeans during at least 3 of the preceding 5
years. In implementing this clause, the Secretary shall require
producers to agree to forego eligibility to receive loans under
this Act for the crop of the subsequently planted crop that is
produced on a farm under this clause.".
(b) WHEAT. -- Section 107B(c)(1)(F) (7 U.S.C. 1445b-3a(c)(1)(F)) is
amended by adding at the end the following new clause:
"(iii) DOUBLE CROPPING. -- The Secretary shall permit, subject
to such terms and conditions as the Secretary may prescribe, all
or any portion of the acreage otherwise required to be devoted to
conservation uses as a condition of qualifying for payments under
subparagraph (E) that is devoted to an industrial, oilseed, or
other crop pursuant to clause (i) or (ii) to be subsequently
planted during the same crop year to any crop described in
subparagraph (B), (C), or (D) of section 504(b)(1). The planting
of soybeans as such subsequently planted crop shall be limited to
farms determined by the Secretary to have an established history
of double cropping soybeans during at least 3 of the preceding 5
years. In implementing this clause, the Secretary shall require
producers to agree to forego eligibility to receive loans under
this Act for the crop of the subsequently planted crop that is
produced on a farm under this clause.".
SEC. 104. ANNOUNCEMENT OF ACREAGE REDUCTION PROGRAMS FOR RICE.
Section 101B(e)(1) (7 U.S.C. 1441-2(e)(1)) is amended by striking
subparagraph (C) and inserting the following new subparagraph:
"(C) ANNOUNCEMENTS. --
"(i) PRELIMINARY ANNOUNCEMENT. -- If the Secretary elects to
implement an acreage limitation program for any crop year, the
Secretary shall make a preliminary announcement of any such
program not later than December 1 of the calendar year preceding
the year in which the crop is harvested (or, for the 1992 crop, as
soon as practicble after the date of enactment of this
subparagraph). The preliminary announcement shall include, among
other information determined necessary by the Secretary, an
announcement of the uniform percentage reduction in the rice crop
acreage base described in paragraph (2)(A).
"(ii) FINAL ANNOUNCEMENT. -- Not later than January 31 of the
calendar year in which the crop is harvested, the Secretary shall
make a final announcement of the program. The announcement shall
include, among other information determined necessary by the
Secretary, an announcement of the uniform percentage reduction in
the rice crop described in paragraph (2)(A).".
SEC. 105. CORN AND SORGHUM BASES.
Section 105B(e)(2) (7 U.S.C. 1444f(c)(2)) is amended by adding at the
end the following new subparagraph:
"(H) CORN AND SORGHUM BASES. -- Notwithstanding any other
provision of this Act, with respect to each of the 1992 through
1995 crops of corn and grain sorghums --
"(i) the Secretary shall combine the permitted acreages
established under subparagraph (D) for a farm for a crop year for
corn and grain sorghums;
"(ii) for each crop year, the sum of the acreage planted and
considered planted to corn and grain sorghum, as determined by the
Secretary under this section and title V, shall be prorated to
corn and grain sorghum based on the ratio of the crop acreage base
for the individual crop of corn or grain sorghum, as applicable,
to the sum of the crop acreage bases for corn and grain sorghum
established for each crop year; and
"(iii) for each crop year, the sum of the corn and grain
sorghum payment acres, as determined under subsection (c), shall
be prorated to corn and grain sorghum based on the ratio of the
maximum payment acres for the individual crop of corn or grain
sorghum, as applicable, to the sum of the maximum payment acres
for corn and grain sorghum established for each crop year.".
SEC. 106. COVER CROPS ON REDUCED ACREAGE.
(a) RICE. -- Clause (i) of section 101B(e)(4)(B) (7 U.S.C.
1441-2(e)(4)(B)(i)) is amended to read as follows:
"(i) REQUIRED. --
"(I) IN GENERAL. -- Except as provided in subclause (II) and
paragraph (2), a producer who participates in an acreage reduction
program established for a crop of rice under this subsection shall
be required to plant to, or maintain as, an annual or perennial
cover 50 percent (or more at the option of the producer) of the
acreage that is required to be removed from the production of
rice, but not to exceed 5 percent (or more at the option of the
producer) of the crop acreage base established for the crop.
"(II) ARID AREAS. -- Subclause (I) shall not apply with
respect to arid areas (including summer fallow areas), as
determined by the Secretary. If the Secretary determines any
county in a State to be arid, the respective State committee
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) may designate any other
county or counties or all of the State as arid for the purposes of
this paragraph.
"(III) APPROVAL OF COVER CROPS AND PRACTICES. -- The State
committee, after receiving recommendations from the county
committees, shall approve appropriate crops planted or maintained
as cover, including, as appropriate, annual or perennial native
grasses and legumes or other vegetation. The State committee
shall establish the final seeding date for the planting of the
cover and shall approve appropriate cover crops or practices,
after consulting the Soil Conservation Service State
Conservationist regarding whether the crops or practices will
sufficiently protect the land from weeds and wind and water
erosion. After the Secretary establishes the State technical
committee for the State pursuant to section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861), the State committee shall
consult with the technical committee (rather than the Soil
Conservation Service State Conservationist) regarding whether the
crops or practices will sufficiently protect the land from weeds
and wind and water erosion.".
(b) COTTON. -- Clause (i) of section 103B(e)(4)(B) (7 U.S.C.
1444-2(e)(4)(B)(i)) is amended to read as follows:
"(i) REQUIRED. --
"(I) IN GENERAL. -- Except as provided in subclause (II) and
paragraph (2), a producer who participates in an acreage reduction
program established for a crop of upland cotton under this
subsection shall be required to plant to, or maintain as, an
annual or perennial cover 50 percent (or more at the option of the
producer) of the acreage that is required to be removed from the
production of upland cotton, but not to exceed 5 percent (or more
at the option of the producer) of the crop acreage base
established for the crop.
"(II) ARID AREAS. -- Subclause (I) shall not apply with
respect to arid areas (including summer fallow areas), as
determined by the Secretary. If the Secretary determines any
county in a State to be arid, the respective State committee
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) may designate any other
county or counties or all of the State as arid for the purposes of
this paragraph.
"(III) APPROVAL OF COVER CROPS AND PRACTICES. -- The State
committee, after receiving recommendations from the county
committees, shall approve appropriate crops planted or maintained
as cover, including, as appropriate, annual or perennial native
grasses and legumes or other vegetation. The State committee
shall establish the final seeding date for the planting of the
cover and shall approve appropriate cover crops or practices,
after consulting the Soil Conservation Service State
Conservationist regarding whether the crops or practices will
sufficiently protect the land from weeds and wind and water
erosion. After the Secretary establishes the State technical
committee for the State pursuant to section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861), the State committee shall
consult with the technical committee (rather than the Soil
Conservation Service State Conservationist) regarding whether the
crops or practices will sufficiently protect the land from weeds
and wind and water erosion.".
(c) FEED GRAINS. -- Clause (i) of section 105B(e)(4)(B) (7 U.S.C.
1444f(e)(4)(B)(i)) is amended to read as follows:
"(i) REQUIRED. --
"(I) IN GENERAL. -- Except as provided in subclause (II) and
paragraph (2), a producer who participates in an acreage reduction
program established for a crop of feed grains under this
subsection shall be required to plant to, or maintain as, an
annual or perennial cover 50 percent (or more at the option of the
producer) of the acreage that is required to be removed from the
production of feed grains, but not to exceed 5 percent (or more at
the option of the producer) of the crop acreage base established
for the crop.
"(II) ARID AREAS. -- Subclause (I) shall not apply with
respect to arid areas (including summer fallow areas), as
determined by the Secretary. If the Secretary determines any
county in a State to be arid, the respective State committee
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) may designate any other
county or counties or all of the State as arid for the purposes of
this paragraph.
"(III) APPROVAL OF COVER CROPS AND PRACTICES. -- The State
committee, after receiving recommendations from the county
committees, shall approve appropriate crops planted or maintained
as cover, including, as appropriate, annual or perennial native
grasses and legumes or other vegetation. The State committee
shall establish the final seeding date for the planting of the
cover and shall approve appropriate cover crops or practices,
after consulting the Soil Conservation Service State
Conservationist regarding whether the crops or practices will
sufficiently protect the land from weeds and wind and water
erosion. After the Secretary establishes the State technical
committee for the State pursuant to section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861), the State committee shall
consult with the technical committee (rather than the Soil
Conservation Service State Conservationist) regarding whether the
crops or practices will sufficiently protect the land from weeds
and wind and water erosion.".
(d) WHEAT. -- Clause (i) of section 107B(e)(4)(B) (7 U.S.C.
1445b-3a(e)(4)(B)(i)) is amended to read as follows:
"(i) REQUIRED. --
"(I) IN GENERAL. -- Except as provided in subclause (II) and
paragraph (2), a producer who participates in an acreage reduction
program established for a crop of wheat under this subsection
shall be required to plant to, or maintain as, an annual or
perennial cover 50 percent (or more at the option of the producer)
of the acreage that is required to be removed from the production
of wheat, but not to exceed 5 percent (or more at the option of
the producer) of the crop acreage base established for the crop.
"(II) ARID AREAS. -- Subclause (I) shall not apply with
respect to arid areas (including summer fallow areas), as
determined by the Secretary. If the Secretary determines any
county in a State to be arid, the respective State committee
established under section 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) may designate any other
county or counties or all of the State as arid for the purposes of
this paragraph.
"(III) APPROVAL OF COVER CROPS AND PRACTICES. -- The State
committee, after receiving recommendations from the county
committees, shall approve appropriate crops planted or maintained
as cover, including, as appropriate, annual or perennial native
grasses and legumes or other vegetation. The State committee
shall establish the final seeding date for the planting of the
cover and shall approve appropriate cover crops or practices,
after consulting the Soil Conservation Service State
Conservationist regarding whether the crops or practices will
sufficiently protect the land from weeds and wind and water
erosion. After the Secretary establishes the State technical
committee for the State pursuant to section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861), the State committee shall
consult with the technical committee (rather than the Soil
Conservation Service State Conservationist) regarding whether the
crops or practices will sufficiently protect the land from weeds
and wind and water erosion.".
SEC. 107. COTTON USER MARKETING CERTIFICATES.
(a) ISSUANCE. -- Section 103B(a)(5)(E) (7 U.S.C. 1444-2(a)(5)(E)) is
amended --
(1) by striking clause (i) and inserting the following new
clause:
"(i) ISSUANCE. -- Subject to clause (iv), during the period
beginning August 1, 1991, and ending July 31, 1996, the Secretary
shall issue marketing certificates or cash payments to domestic
users and exporters for documented purchases by domestic users and
sales for export by exporters made in the week following a
consecutive 4-week period in which --
"(I) the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for Middling (M)
one and three-thirty seconds inch cotton, delivered C.I.F.
Northern Europe exceeds the Northern Europe price by more than
1.25 cents per pound; and
"(II) the prevailing world market price for upland cotton
(adjusted to United States quality and location), established
under subparagraph (C), does not exceed 130 percent of the current
crop year loan level for the base quality of upland cotton, as
determined by the Secretary.";
(2) in clause (ii), by striking "marketing certificates" and
inserting "marketing certificates or cash payments"; and
(3) by adding at the end the following new clause:
"(iv) EXCEPTION. -- The Secretary shall not issue marketing
certificates or cash payments under clause (i) if, for the
immediately preceding consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest priced
United States growth, as quoted for Middling (M) one and
three-thirty seconds inch cotton, delivered C.I.F. Northern
Europe, adjusted for the value of any certificate issued under
this subparagraph, exceeds the Northern Europe price by more than
1.25 cents per pound.".
(b) PREVAILING WORLD MARKET PRICE. -- Section 103B(a)(5)(C)(ii) (7
U.S.C. 1444-2(a)(5)(C)(ii)) is amended by striking "and (B)" and
inserting ", (B), and (E)".
SEC. 108. MALTING BARLEY.
Section 105B (7 U.S.C. 1444f) is amended --
(1) in subsection (e)(2)(G), by adding at the end the following
new sentence: "The Secretary shall make an annual determination
of whether to exempt such producers from compliance with any
acreage limitation under this paragraph and shall announce such
determination in the Federal Register."; and
(2) by striking subsection (p) and inserting the following new
subsection:
"(p) MALTING BARLEY. --
"(1) ASSESSMENT REQUIRED. -- In order to help offset costs
associated with deficiency payments made available under this
section to producers of barley, the Secretary shall provide for an
assessment for each of the 1991 through 1995 crop years to be
levied on any producer of malting barley produced on a farm that
is enrolled for the crop year in the production adjustment program
under this section. The Secretary shall establish such assessment
at not more than 5 percent of the value of the malting barley
produced on program payment acres on the farm during each of the
1991 through 1995 crop years. The production per acre on which
the assessment is based shall not be greater than the farm program
payment yield.
"(2) VALUE OF MALTING BARLEY. -- The Secretary may establish
the value of such malting barley at the lesser of the State or
national weighted average market price received by producers of
malting barley for the first 5 months of the marketing year. In
calculating the State or national weighted average market price,
the Secretary may exclude the value of malting barley that is
contracted for sale by producers prior to planting.
"(3) EXCEPTION TO ASSESSMENT. -- In counties where malting
barley is produced, participating barley producers may certify to
the Secretary prior to computation of final deficiency payments
that part or all of the producer's production was (or will be)
sold or used for nonmalting purposes. The portion certified as
sold or used for nonmalting purposes shall not be subject to the
assessment. The Secretary may require producers to provide to the
Secretary such documentation as the Secretary considers
appropriate to carry out this paragraph.".
SEC. 109. DEFICIENCY PAYMENTS FOR WHEAT, BARLEY, AND OATS.
Section 114(c) (7 U.S.C. 1445j(c)) is amended --
(1) in the material preceding the paragraphs, by striking
"sections" and inserting "section";
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by striking paragraph (2) and inserting the following new
paragraphs:
"(2) With respect to feed grains (excluding barley and oats),
75 percent of the final projected deficiency payment for the crop,
reduced by the amount of the advance, shall be made available as
soon as practicable after the end of the first 5 months of the
applicable marketing year.
"(3) With respect to wheat, barley, and oats, the final
projected deficiency payment for the crop, reduced by the amount
of the advance, shall be made available as soon as practicable
after the end of the first 5 months of the applicable marketing
year. Such projected payment shall be based on the national
weighted average market price received by producers during the
first 5 months of the marketing year for the crop, as determined
by the Secretary, plus 10 cents per bushel with respect to wheat
or 7 cents per bushel with respect to barley and oats.".
SEC. 110. MINOR OILSEED LOAN RATES.
Section 205(c) (7 U.S.C. 1446f(c)) is amended --
(1) in paragraph (2), by striking "flaxseed" and inserting
"flaxseed, individually,";
(2) in paragraph (3), by striking "that, in the case of
cottonseed, in no event less" and inserting "in no event shall the
level for such oilseeds (other than cottonseed) be less"; and
(3) by adding after and below paragraph (3) the following new
sentence:
"To ensure that producers have an equitable opportunity to produce an
alternative crop in areas of limited crop options, the Secretary may
limit, insofar as practicable, adjustments in the loan rate established
under paragraph (2) applicable to a particular region, State, or county
for the purpose of reflecting transportation differentials such that the
regional, State, or county loan rate does not increase or decrease by
more than 9 percent from the basic national loan rate.".
SEC. 111. SUGAR.
(a) SUGAR PRICE SUPPORT AND MARKETING ASSESSMENTS. -- Section 206 (7
U.S.C. 1446g) is amended --
(1) in subsection (e), by striking "announce the loan rate" and
inserting "announce the basic loan rates for beet sugar and cane
sugar";
(2) in subsection (f), by striking "Loans" and inserting
"Except as provided in subsection (g), loans";
(3) by striking subsection (g) and inserting the following new
subsection:
"(g) SUPPLEMENTARY NONRECOURSE LOANS. -- The Secretary shall make
available to eligible processors price support loans with respect to
sugar processed from sugar beets and sugarcane harvested in the last 3
months of a fiscal year. Such loans shall mature at the end of the
fiscal year. The processor may repledge the sugar as collateral for a
price support loan in the subsequent fiscal year, except that the second
loan shall --
"(1) be made at the loan rate in effect at the time the second
loan is made; and
"(2) mature in 9 months less the quantity of time that the
first loan was in effect."; and
(4) in subsection (i) --
(A) by striking paragraphs (1), (2), and (3) and inserting the
following new paragraphs:
"(1) SUGARCANE. -- Effective only for marketings of raw cane
sugar during the 1992 through 1996 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to .18 cents per pound of raw cane sugar, processed by the
processor from domestically produced sugarcane or sugarcane
molasses, that has been marketed (including the transfer or
delivery of the sugar to a refinery for further processing or
marketing).
"(2) SUGAR BEETS. -- Effective only for marketings of beet
sugar during the 1992 through 1996 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to .193 cents per pound of beet sugar, processed by the
processor from domestically produced sugar beets or sugar beet
molasses, that has been marketed.
"(3) COLLECTION. --
"(A) TIMING. -- Marketing assessments required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation within 30 days after
the end of each month. Any cane sugar or beet sugar processed
during a fiscal year that has not been marketed by September 30 of
that year shall be subject to assessment on that date. The sugar
shall not be subject to a second assessment at the time that it is
marketed.
"(B) MANNER. -- Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the manner
prescribed by the Secretary and shall be nonrefundable."; and
(B) in paragraph (4), by striking "collect or remit the
reduction" and inserting "remit the assessment".
(b) SECURITY INTERESTS. -- Subsection (b) of section 405 (7 U.S.C.
1425) is amended to read as follows:
"(b) SUGARCANE AND SUGAR BEETS. -- The security interests obtained
by the Commodity Credit Corporation as a result of the execution of
security agreements by the processors of sugarcane and sugar beets shall
be superior to all statutory and common law liens on raw cane sugar and
refined beet sugar in favor of the producers of sugarcane and sugar
beets and all prior recorded and unrecorded liens on the crops of
sugarcane and sugar beets from which the sugar was derived. The
preceding sentence shall not affect the application of section
401(e)(2).".
(c) SUGAR INFORMATION REPORTING. -- Section 359a of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359aa) is amended --
(1) by striking subsection (a) and inserting the following new
subsection:
"(a) DUTY OF PROCESSORS, REFINERS AND MANUFACTURERS TO REPORT. --
"(1) PROCESSORS AND REFINERS. -- All sugarcane processors,
cane sugar refiners, and sugar beet processors shall furnish the
Secretary, on a monthly basis, such information as the Secretary
may require to administer sugar programs, including the quantity
of purchases of sugarcane, sugar beets, and sugar, and production,
importation, distribution, and stock levels of sugar.
"(2) MANUFACTURERS OF CRYSTALLINE FRUCTOSE. -- All
manufacturers of crystalline fructose from corn (hereafter in this
part referred to as 'crystalline fructose') shall furnish the
Secretary, on a monthly basis, such information as the Secretary
may require with respect to the manufacturer's distribution of
crystalline fructose.";
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(3) by inserting after subsection (a) the following new
subsection:
"(b) DUTY OF PRODUCERS TO REPORT. -- The Secretary may require a
producer of sugarcane or sugar beets to report, in the manner prescribed
by the Secretary, the producer's sugarcane or sugar beet yields and
acres planted to sugarcane or sugar beets, respectively."; and
(4) in subsection (d) (as redesignated by paragraph (2)) --
(A) by striking "data on imports," and inserting "data on
production, imports,"; and
(B) by inserting "composite data on distributions of" after
"sugar and".
(d) MARKETING ALLOTMENTS FOR SUGAR AND CRYSTALLINE FRUCTOSE. --
Section 359b of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359bb) is amended --
(1) by striking subsection (a) and inserting the following new
subsection:
"(a) SUGAR ESTIMATES. --
"(1) IN GENERAL. -- Before the beginning of each of the fiscal
years 1992 through 1996, the Secretary shall estimate --
"(A) the quantity of sugar that will be consumed in the United
States during the fiscal year (other than sugar imported for the
production of polyhydric alcohol or to be refined and reexported
in refined form or in sugar containing products) and the quantity
of sugar that would provide for reasonable carryover stocks;
"(B) the quantity of sugar that will be available from carry-in
stocks or from domestically-produced sugarcane and sugar beets for
consumption in the United States during the year; and
"(C) the quantity of sugar that will be imported for
consumption in the United States during the year (other than sugar
imported for the production of polyhydric alcohol or to be refined
and reexported in a refined form or in sugar containing products),
based on the difference between --
"(i) the sum of the quantity of estimated consumption and
reasonable carryover stocks; and
"(ii) the quantity of sugar estimated to be available from
domestically-produced sugarcane and sugar beets and from carry-in
stocks.
"(2) QUARTERLY REESTIMATES. -- The Secretary shall make
quarterly reestimates of sugar consumption, stocks, production,
and imports for a fiscal year no later than the beginning of each
of the second through fourth quarters of the fiscal year.";
(2) by striking subsection (b) and inserting the following new
subsection:
"(b) SUGAR ALLOTMENTS. --
"(1) IN GENERAL. -- For any fiscal year in which the Secretary
estimates, under subsection (a)(1)(C), that imports of sugar for
consumption in the United States (other than sugar imported for
the production of polyhydric alcohol or to be refined and
reexported in refined form or in sugar containing products) will
be less than 1,250,000 short tons, raw value, the Secretary shall
establish for that year appropriate allotments under section 359c
for the marketing by processors of sugar processed from
domestically-produced sugarcane and sugar beets, at a level that
the Secretary estimates will result in imports of sugar, not less
than 1,250,000 short tons, raw value, for that year.
"(2) PRODUCTS. -- The Secretary may include sugar products
whose majority content is sucrose or crystalline fructose for
human consumption, derived from sugarcane, sugar . . . molasses or
sugar in the allotments under paragraph (1) if the Secretary
determines it to be appropriate for purposes of this part."; and
(3) in subsection (d)(4), by inserting after "the United
States" the following: "(including, with respect to any
integrated processor and refiner, the movement of raw cane sugar
into the refining process)".
(e) ESTABLISHMENT OF MARKETING ALLOTMENTS. -- Section 359c of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc) is amended --
(1) in subsection (b)(1) --
(A) by striking "from the estimated sugar consumption" and
inserting "from the sum of the estimated sugar consumption and
reasonable carryover stocks (at the end of the fiscal year)"; and
(B) in subparagraph (A), by striking "(representing minimum
imports of sugar for consumption in the United States during the
fiscal year)";
(2) in subsection (b)(2), by striking "prevent the accumulation
of sugar acquired by" and inserting "avoid the forfeiture of sugar
to";
(3) in subsection (f) --
(A) in the subsection heading, by striking "SUGARCANE
ALLOTMENT" and inserting "CANE SUGAR ALLOTMENTS"; and
(B) by striking "allotted among the 5 States in the United
States in which sugarcane is produced" and inserting "allotted,
among the 5 States in the United States in which sugarcane is
produced,";
(4) in subsection (g) --
(A) by striking paragraph (1) and inserting the following new
paragraph:
"(1) IN GENERAL. -- The Secretary shall, based on reestimates
under section 359b(a)(2) --
"(A) adjust upward or downward marketing allotments established
under subsections (a) through (f) in a fair and equitable manner;
"(B) establish marketing allotments for the fiscal year or any
portion of such fiscal year; or
"(C) suspend the allotments,
as the Secretary determines appropriate, to reflect changes in
estimated sugar consumption, stocks, production, or imports.".
(B) by striking paragraph (3) and inserting the following new
paragraph:
"(3) REDUCTIONS. -- Whenever a marketing allotment for a
fiscal year is required to be reduced during the fiscal year under
this subsection, if the quantity of sugar marketed, including
sugar pledged as collateral for a price support loan under section
206 of the Agricultural Act of 1949 (7 U.S.C. 1446g), for the
fiscal year at the time of the reduction by any individual
processor covered by the allotment exceeds the processor's reduced
allocation, the allocation of an allotment, if any, next
established for the processor shall be reduced by the quantity of
the excess sugar marketed."; and
(5) by striking subsection (h) and inserting the following new
subsection:
"(h) FILLING CANE SUGAR AND BEET SUGAR ALLOTMENTS. -- Each marketing
allotment for cane sugar established under this section may only be
filled with sugar processed from domestically grown sugarcane, and each
marketing allotment for beet sugar established under this section may
only be filled with sugar processed from domestically grown sugar
beets.".
(f) ALLOCATION OF MARKETING ALLOTMENTS. -- Section 359d of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359dd) is amended --
(1) in subsection (a)(2) by striking "after such hearing" both
places it appears and inserting "after a hearing, if requested by
interested parties,"; and
(2) by striking subsection (b) and inserting the following new
subsection:
"(b) FILLING CANE SUGAR ALLOTMENTS. -- Except as otherwise provided
in section 359e, a State cane sugar allotment established under section
359c(f) for a fiscal year may be filled only with sugar processed from
sugarcane grown in the State covered by the allotment.".
(g) REASSIGNMENTS OF DEFICITS. -- Section 359e of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ee) is amended to read as follows:
"SEC. 359e. REASSIGNMENT OF DEFICITS.
"(a) ESTIMATES OF DEFICITS. -- At any time allotments are in effect
under this part, the Secretary, from time to time, shall determine
whether (in view of then-current inventories of sugar, the estimated
production of sugar and expected marketings, and other pertinent
factors) any processor of sugarcane will be unable to market the sugar
covered by the portion of the State cane sugar allotment allocated to
the processor and whether any processor of sugar beets will be unable to
market sugar covered by the portion of the beet sugar allotment
allocated to the processor.
"(b) REASSIGNMENT OF DEFICITS. --
"(1) CANE SUGAR. -- If the Secretary determines that any
sugarcane processor who has been allocated a share of a State cane
sugar allotment will be unable to market the processor's
allocation of the State's allotment for the fiscal year --
"(A) the Secretary first shall reassign the estimated quantity
of the deficit to the allocations for other processors within that
State, depending on the capacity of each other processor to fill
the portion of the deficit to be assigned to it and taking into
account the interests of producers served by the processors;
"(B) if after the reassignments the deficit cannot be
completely eliminated, the Secretary shall reassign the estimated
quantity of the deficit proportionately to the allotments for
other cane sugar States, depending on the capacity of each other
State to fill the portion of the deficit to be assigned to it,
with the reassigned quantity to each State to be allocated among
processors in that State in proportion to the allocations of the
processors; and
"(C) if after the reassignments, the deficit cannot be
completely eliminated, the Secretary shall reassign the remainder
to imports.
"(2) BEET SUGAR. -- If the Secretary determines that a sugar
beet processor who has been allocated a share of the beet sugar
allotment will be unable to market that allocation --
"(A) the Secretary first shall reassign the estimated quantity
of the deficit to the allotments for other sugar beet processors,
depending on the capacity of each other processor to fill the
portion of the deficit to be assigned to it and taking into
account the interest of producers served by the processors; and
"(B) if after the reassignments, the deficit cannot be
completely eliminated, the Secretary shall reassign the remainder
to imports.
"(3) CORRESPONDING INCREASE. -- The allocation of each
processor receiving a reassigned quantity of an allotment under
this subsection for a fiscal year shall be increased to reflect
the reassignment.".
(h) PROVISIONS APPLICABLE TO PRODUCERS. -- Section 359f(b) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(b)) is amended --
(1) in paragraph (1)(A), by striking "250 producers in such
State" and inserting "250 sugarcane producers in the State (other
than Puerto Rico)";
(2) in paragraph (2), by striking "establish proportionate
shares for the crop of sugarcane that is harvested during" and
inserting "establish a proportionate share for each
sugarcane-producing farm that limits the acreage of sugarcane that
may be harvested on the farm for sugar or seed during"; and
(3) by striking paragraphs (3), (4), and (5) and inserting the
following new paragraphs:
"(3) METHOD OF DETERMINING. -- For purposes of determining
proportionate shares for any crop of sugarcane:
"(A) The Secretary shall establish the State's per-acre yield
goal for a crop of sugarcane at a level (not less than the average
per-acre yield in the State for the preceding 5 years, as
determined by the Secretary) that will ensure an adequate net
return per pound to producers in the State, taking into
consideration any available production research data that the
Secretary considers relevant.
"(B) The Secretary shall adjust the per-acre yield goal by the
average recovery rate of sugar produced from sugarcane by
processors in the State.
"(C) The Secretary shall convert the State allotment for the
fiscal year involved into a State acreage allotment for the crop
by dividing the State allotment by the per-acre yield goal for the
State, as established under subparagraph (A) and as further
adjusted under subparagraph (B).
"(D) The Secretary shall establish a uniform reduction
percentage for the crop by dividing the State acreage allotment,
as determined for the crop under subparagraph (C), by the sum of
all adjusted acreage bases in the State, as determined by the
Secretary.
"(E) The uniform reduction percentage for the crop, as
determined under subparagraph (D), shall be applied to the acreage
base for each sugarcane-producing farm in the State to determine
the farm's proportionate share of sugarcane acreage that may be
harvested for sugar or seed.
"(4) ACREAGE BASE. -- For purposes of this subsection, the
acreage base for each sugarcane-producing farm shall be determined
by the Secretary, as follows:
"(A) The acreage base for any farm shall be the number of acres
that is equal to the average of the acreage planted and considered
planted for harvest for sugar or seed on the farm in each of the 5
crop years preceding the fiscal year the proportionate share will
be in effect.
"(B) Acreage planted to sugarcane that producers on a farm were
unable to harvest to sugarcane for sugar or seed because of
drought, flood, other natural disaster, or other condition beyond
the control of the producers may be considered as harvested for
the production of sugar or seed for purposes of this paragraph.
"(5) VIOLATION. --
"(A) IN GENERAL. -- Whenever proportionate shares are in
effect in a State for a crop of sugarcane, producers on a farm
shall not knowingly harvest, or allow to be harvested, for sugar
or seed an acreage of sugarcane in excess of the farm's
proportionate share for the fiscal year, or otherwise violate
proportionate share regulations issued by the Secretary under
section 359h(a).
"(B) CIVIL PENALTY. -- Any producer who violates subparagraph
(A) shall be liable to the Commodity Credit Corporation for a
civil penalty in an amount equal to 3 times the United States
market value, at the time of the commission of the violation, of
the quantity of sugar produced from that quantity of sugarcane
involved in the violation. The quantity of sugarcane involved
shall be determined based on the per-acre yield goal established
under paragraph (3).".
(i) SPECIAL RULES. -- Section 359g of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359gg) is amended --
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
"(a) TRANSFER OF ACREAGE BASE HISTORY. -- For the purpose of
establishing proportionate shares for sugarcane farms under section
359f, the Secretary, on application of any producer, with the written
consent of all owners of a farm, may transfer the acreage base history
of the farm to any other parcels of land of the applicant.
"(b) PRESERVATION OF ACREAGE BASE HISTORY. -- If for reasons beyond
the control of a producer on a farm, the producer is unable to harvest
an acreage of sugarcane for sugar or seed with respect to all or a
portion of the proportionate share established for the farm under
section 359f, the Secretary, on the application of the producer and with
the written consent of all owners of the farm, may preserve for a period
of not more than 3 consecutive years the acreage base history of the
farm to the extent of the proportionate share involved. The Secretary
may permit the proportionate share to be redistributed to other farms,
but no acreage base history for purposes of establishing acreage bases
shall accrue to the other farms by virtue of the redistribution of the
proportionate share."; and
(2) in subsection (c) --
(A) by striking "hearing and"; and
(B) by inserting "required to be" after "proportionate share
was".
(j) REGULATIONS. -- Subsection (a) of section 359h of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359hh(a)) is amended to
read as follows:
"(a) REGULATIONS. -- The Secretary or the Commodity Credit
Corporation, as appropriate, shall issue such regulations as may be
necessary to carry out the authority vested in the Secretary in
administering this part."; and
(k) APPEALS. -- Paragraph (2) of section 359i(b) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ii(b)(2)) is amended to read as
follows:
"(2) HEARING. -- The Secretary shall provide each appellant an
opportunity for a hearing before an administrative law judge in
accordance with sections 554 and 556 of title 5, United States
Code. The expenses for conducting the hearing shall be reimbursed
by the Commodity Credit Corporation.".
SEC. 112. CROP ACREAGE BASE.
(a) ACREAGE CONSIDERED PLANTED. -- Section 503(c) (7 U.S.C. 1463(c))
is amended --
(1) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8) respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
"(6) acreage in an amount not to exceed 20 percent of the crop
acreage base for a crop of feed grains or wheat if --
"(A) the acreage is planted to dry peas, (limited to Austrian
peas, wrinkled, seed, green, yellow, and umatilla) and lentils;
and
"(B) payments are not received by producers under sections
105B(c)(1)(E) and 107B(c)(1)(E), as the case may be;".
(b) ADJUSTMENT OF BASES. -- Section 503(h) (7 U.S.C. 1463(h)) is
amended --
(1) by striking "BASES. -- The county" and inserting the
following: "BASES. --
"(1) IN GENERAL. -- The county"; and
(2) by adding at the end the following new paragraph:
"(2) RESTORATION OF CROP ACREAGE BASE. --
"(A) IN GENERAL. -- For the 1992 through 1995 crop years, the
county committee shall allow an eligible producer to increase
individual crop acreage bases on the farm, subject to subsection
(a)(2), above the levels of base that would otherwise be
established under this section, in order to restore the total of
crop acreage bases on the farm for the 1992 through 1995 crop
years to the same level as the total of crop acreage bases on the
farm for the 1990 crop year.
"(B) ELIGIBLE PRODUCER DEFINED. -- For the purposes of this
paragraph, the term 'eligible producer' means a producer of upland
cotton or rice who, the appropriate county committee determines --
"(i) was required to reduce one or more individual crop acreage
bases on the farm during the 1991 crop year in order to comply
with subsection (a)(2) and the change in the calculation of cotton
and rice crop acreage bases to a 3-year formula as provided in
this section; and
"(ii) has participated in the price support program during the
1991 crop year and each subsequent crop year through the current
crop year.
"(C) REGULATIONS. -- The Secretary shall issue regulations to
carry out this paragraph.".
(c) PLANTING FLEXIBILITY. -- Section 504(b)(1) (7 U.S.C. 1464(b)(1))
is amended --
(1) by striking "and" at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(E) mung beans.".
SEC. 113. MISCELLANEOUS AMENDMENTS TO THE AGRICULTURAL ACT OF 1949.
The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) is further
amended --
(1) in section 101B(c)(1)(B) (7 U.S.C. 1441-2(c)(1)(B)), by
redesignating the second clause (ii) as clause (iii);
(2) in section 103B(a) (7 U.S.C. 1444-2(a)) --
(A) in paragraph (1)(B), by striking "upland cotton," and
inserting "upland cotton),"; and
(B) in paragraph (3), by striking "the date of enactment of
this Act" and inserting "November 28, 1990";
(3) in section 103B(n)(1)(D) (7 U.S.C. 1444-2(n)(1)(D)), by
striking "effective date of the proclamation" and inserting "date
the special quota is established by the Secretary";
(4) in section 105B(c)(1)(B)(iii)(IV)(bb) (7 U.S.C.
1444f(c)(1)(B)(iii)(IV)(bb)) by striking "(bb) BARLEY
CALCULATIONS. -- " and inserting "(bb) BARLEY CALCULATIONS. --
";
(5) in section 105B(g) (7 U.S.C. 1444f(g)) --
(A) in paragraph (1), by striking "subsection (d)" and
inserting "subsection (e)"; and
(B) in paragraph (6)(E), by striking "is" both places it
appears and inserting "are";
(6) in section 107B(g)(1) (7 U.S.C. 1445b-3a(g)(1)), by
striking "subsection (d)" and inserting "subsection (e)";
(7) in section 110 (7 U.S.C. 1445e) --
(A) in subsection (n), by striking "the date of enactment of
this section" and inserting "November 28, 1990";
(B) by redesignating subsection (o) as subsection (p) and
transferring such subsection to the end of the section; and
(C) in the second subsection (k) --
(i) by redesignating such subsection as subsection (o);
(ii) by striking "(o) In" and inserting "(o) REVIEW. -- In";
and
(iii) by striking "subsection (e)(1)" and inserting "this
section";
(8) in section 201 (7 U.S.C. 1446), by redesignating subsection
(b) (as amended by section 1161(b)(3) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104
Stat. 3521)) as subsection (c);
(9) in section 202 (7 U.S.C. 1446a) --
(A) by striking "Administrator of Veterans' Affairs" each place
it appears and inserting "Secretary of Veterans Affairs"; and
(B) by striking "Administrator" each place it appears and
inserting "Secretary of Veterans Affairs";
(10) in section 204(h)(3) (7 U.S.C. 1446e(h)(3)), by adding at
the end the following new sentence: "A refund under this
subsection shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811 and 3821).";
(11) in section 406(b)(4) (7 U.S.C. 1426(b)(4)), by striking
"the date of enactment of this subsection" and inserting "November
28, 1990,"; and
(12) in section 426 (7 U.S.C. 1433(e) --
(A) in subsection (c) --
(i) by striking "division" in paragraphs (1) and (6) and
inserting "Division"; and
(ii) by striking "subsection (e)" in paragraph (7) and
inserting "subsection (f)";
(B) in subsection (f), by striking "county or State" and
inserting "State or county";
(C) in subsection (g), by striking "County Committees" and
inserting "county committees"; and
(D) in subsection (h), by striking "section 8(e)" and inserting
"section 8(b)".
SEC. 114. MISCELLANEOUS AMENDMENTS RELATING TO THE FOOD,
AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990.
(a) IN GENERAL. -- The Food, Agriculture, Conservation, and Trade
Act of 1990 (Public Law 101-624; 104 Stat. 3359) is amended --
(1) in section 1124 (7 U.S.C. 1445e note; 104 Stat. 3506), by
striking "warehouse" both places it appears and inserting
"warehousemen";
(2) in section 1156 (7 U.S.C. 1421 note), by striking
subsection (b) and inserting the following new subsection:
"(b) FUNDS. -- The Corporation shall expend such funds as may be
required to conduct the pilot program for futures options contract
trading in the manner specified in this subtitle and the regulations
issued, and contracts entered into, to carry out this subtitle, except
that funds of the Corporation may not be used to carry out this subtitle
unless the Secretary, in the sole discretion of the Secretary,
determines in advance that such funds shall be used for this purpose.";
(3) in section 1353 (7 U.S.C. 1622 note; 104 Stat. 3567), by
striking "et seq" and inserting "et seq.";
(4) in section 2241 (7 U.S.C. 1421 note; 104 Stat. 3963) --
(A) in subsection (a)(4)(A), by inserting "extra long staple
cotton," after "upland cotton," each place it appears;
(B) in subsection (b)(1), by inserting "extra long staple
cotton," after "upland cotton,"; and
(C) in subsection (b)(4), by inserting "extra long staple
cotton," after "upland cotton,";
(5) in section 2243(b)(2)(A) (7 U.S.C. 1421 note; 104 Stat.
3966), by striking "to harvest" and inserting "for harvest";
(6) in section 2249 (7 U.S.C. 1421 note; 104 Stat. 3972), by
striking "chapter" and inserting "subchapter" each place it
appears;
(7) in section 2250(b)(1) (7 U.S.C. 1421 note; 104 Stat.
3973), by striking "cotton" and inserting "upland cotton, extra
long staple cotton";
(8) in section 2257 (7 U.S.C. 1421 note; 104 Stat. 3974), by
striking "chapter" and inserting "subchapter" each place it
appears;
(9) in section 2258 (7 U.S.C. 1421 note; 104 Stat. 3975), by
striking "chapter" and inserting "subchapter";
(10) in section 2259 (7 U.S.C. 1421 note; 104 Stat. 3975), by
striking "chapter" and inserting "subchapter";
(11) in section 2263 (7 U.S.C. 1421 note; 104 Stat. 3975), by
striking "chapter" and inserting "subchapter" each place it
appears;
(12) in section 2265 (7 U.S.C. 1421 note; 104 Stat. 3976), by
striking "chapter" and inserting "subchapter";
(13) in section 2266(a) (7 U.S.C. 1421 note; 104 Stat. 3976),
by striking "subchapter" and inserting "chapter";
(14) in section 2267 (7 U.S.C. 1421 note" 104 Stat. 3976) --
(A) in subsection (a), by striking "subchapter" and inserting
"chapter" each place it appears; and
(B) in subsection (b), by striking "chapter 1" and inserting
"this chapter";
(15) in section 2268(b) (7 U.S.C. 1421 note; 104 Stat. 3976),
by striking "subchapter" and inserting "chapter"; and
(16) in section 2271 (7 U.S.C. 1421 note; 104 Stat. 3977), by
striking "payment of" and inserting "payments or".
(b) PRICE SUPPORT FOR HIGH MOISTURE FEED GRAINS. --
(1) IN GENERAL. -- Section 105B of the Agricultural Act of
1949 (7 U.S.C. 1444f) is amended --
(A) by redesignating subsection (q) as subsection (r); and
(B) by inserting after subsection (p) the following new
subsection:
"(q) PRICE SUPPORT FOR HIGH MOISTURE FEED GRAINS. --
"(1) RECOURSE LOANS. -- Notwithstanding any other provision of
law, effective for each of the 1991 through 1995 crops of feed
grains, the Secretary (through the Commodity Credit Corporation)
shall make available recourse loans, as determined by the
Secretary, to producers on a farm who --
"(A) normally harvest all or a portion of their crop of feed
grains in a high moisture state, hereinafter in this subsection
defined as a feed grain having a moisture content in excess of
Commodity Credit Corporation standards for loans made by the
Secretary under paragraphs (1) and (6) of subsection (a);
"(B)(i) present certified scale tickets from an inspected,
certified commercial scale, including licensed warehouses,
feedlots, feed mills, distilleries, or other similar entities
approved by the Secretary, pursuant to regulations issued by the
Secretary; or
"(ii) present field or other physical measurements of the
standing or stored feed grain crop in regions of the country, as
determined by the Secretary, that do not have certified commercial
scales from which certified scale tickets may be obtained within
reasonable proximity of harvest operation;
"(C) certify that they were the owners of the feed grain at the
time of delivery to, and that the quantity to be placed under loan
was in fact harvested on the farm and delivered to, a feedlot,
feed mill, or commercial or on-farm high-moisture storage
facility, or to such facilities maintained by the users of such
high-moisture feed grain;
"(D) comply with deadlines established by the Secretary for
harvesting the feed grain and submit applications for loans within
deadlines established by the Secretary; and
"(E) participate in an acreage limitation program for the crop
of feed grains established by the Secretary.
"(2) ELIGIBILITY OF ACQUIRED FEED GRAINS. -- The loans shall
be made on a quantity of feed grains of the same crop acquired by
the producer equivalent to a quantity determined by multiplying --
"(A) the acreage of the feed grain in a high moisture state
harvested on the producer's farm; by
"(B) the lower of the farm program payment yield or the actual
yield on a field, as determined by the Secretary, that is similar
to the field from which such high moisture feed grain was
obtained.".
(2) CONFORMING AMENDMENT. -- Section 404 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
1444f-1) is repealed.
SEC. 115. MISCELLANEOUS AMENDMENTS TO THE AGRICULTURAL ADJUSTMENT
ACT.
The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
amended --
(1) in section 8b(b)(2) (7 U.S.C. 608b(b)(2)), by striking "(7
U.S.C. 1445c-2)" and inserting "(7 U.S.C. 1445c-3)"; and
(2) in section 8c(5)(B)(ii) (7 U.S.C. 608c(5)(B)(ii)), is
amended by striking "and" before clause (f) and inserting ", and".
SEC. 116. MISCELLANEOUS AMENDMENTS TO THE AGRICULTURAL ADJUSTMENT
ACT OF 1938.
The Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) is
amended --
(1) in section 319(l) (7 U.S.C. 1314e(l)) --
(A) by inserting "in a State" after "one farm";
(B) by striking "of Tennessee"; and
(C) by adding at the end the following new sentence: "This
subsection shall apply only to the States of Tennessee and
Virginia.";
(2) in section 374(a) (7 U.S.C. 1374(a)) --
(A) by inserting after "30 inch rows" the following: "or, at
the option of those cotton producers who had an established
practice of using 32 inch rows before the 1991 crop, 32 inch
rows)"; and
(B) by adding at the end the following new sentence: "For the
1992 through 1995 crops, the rules establishing the requirements
for eligibility for conserving use for payment acres shall be the
same rules as were in effect for 1991 crops."; and
(3) in section 379(a) (7 U.S.C. 1379(a)) --
(A) by striking "or" at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting "; or";
(C) by striking "; or" at the end of paragraph (6) and
inserting a period; and
(D) by redesignating paragraph (7) as subsection (c), moving
such subsection to appear after subsection (b), and conforming the
left margin of such subsection to subsection (b).
SEC. 117. SECTION REDESIGNATION.
(a) SECTION REDESIGNATION. -- Sections 359 and 359a of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359 and 1359a) are
redesignated as sections 358d and 358e, respectively.
(b) CONFORMING AMENDMENTS AS RESULT OF REDESIGNATIONS. --
(1) PRICE SUPPORT PROGRAM. -- The Agricultural Act of 1949 (7
U.S.C. 1421 et seq.) is amended --
(A) in section 108A(3)(A) (7 U.S.C. 1445c-2(3)(A)), by striking
"section 359" each place it appears and inserting "section 358d";
and
(B) in section 108B(c)(1) (7 U.S.C. 1445c-3(c)(1)), by striking
"sections 359 and 359a" each place it appears and inserting
"sections 358d and 358e".
(2) MARKETING QUOTAS. -- The Agricultural Adjustment Act of
1938 (7 U.S.C. 1281 et seq.) is amended --
(A) in section 358(v)(3) (7 U.S.C. 1358(v)(3)), by striking
"section 359(c)" and inserting "section 358d(c)";
(B) in section 358-1(e)(3) (7 U.S.C. 1358-1(e)(3)), by striking
"section 359(c)" and inserting "section 358d(c)";
(C) in section 358d (7 U.S.C. 1359), as redesignated by
subsection (a) --
(i) by striking "section 359(a)" in subsection (b) and
inserting "subsection (a)"; and
(ii) by striking "section 108B" each place it appears in
subsections (m)(1)(C), (p)(1), and (r)(2)(A) and inserting
"section 108A"; and
(D) in section 358e(b)(1) (7 U.S.C. 1358a(b)(1)), as
redesignated by subsection (a), by striking "section 359(c)" and
inserting "section 358d(c)".
SEC. 118. OTHER MISCELLANEOUS COMMODITY AMENDMENTS.
(a) MISSING LANGUAGE. -- Section 5(i)(3) of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended by
striking "(42 U.S.C. 1396d(5)))" and inserting "42 USC 1396d(5)))".
(b) MISSING LANGUAGE. -- Section 1001(2)(B)(iv) of the Food Security
Act of 1985 (7 U.S.C. 1308(2)(B)(iv)) is amended by inserting "section"
before "107B(c)(1)".
(c) EXTRA LANGUAGE. -- Section 1001A(a)(2) of the Food Security Act
of 1985 (7 U.S.C. 1308-1(a)(2)) is amended by striking "0 to".
(d) AMENDMENT TO FOOD AND AGRICULTURE ACT OF 1962. -- Section 326 of
the Food and Agriculture Act of 1962 (7 U.S.C. 1339a) is amended by
adding at the end the following sentences: "The authority provided in
this section shall be in addition to any other authority provided to the
Secretary under any other Act. This section shall be applicable to an
action taken by a representative of the Secretary that occurs before,
on, or after November 28, 1990. This section shall not apply to a
pattern of conduct where authorized representatives of the Secretary
take actions or provide advice with respect to producers that the
representatives and producers know are inconsistent with applicable laws
and regulations.".
(e) AMENDMENT TO THE FOOD,M AGRICULTURE, CONSERVATION,M AND TRADE ACT
OF 1990. -- Section 102(b)(1)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1446e-1(b)(1)(B)) is
amended by striking "Commodity Credit Corporation" and inserting
"Secretary".
(f) CLARIFICATION OF AMENDMENT. -- Section 704 of the National Wool
Act of 1954 "7 USC 1783" (7 U.S.C. 1782) is amended by striking "SEC."
and all that follows through "If payments" in the first sentence of
subsection (a) and inserting the following:
"SEC. 704. PAYMENT AS MEANS OF PRICE SUPPORT.
"(a) USE OF PAYMENTS. -- If payments".
SEC. 119. SENSE OF CONGRESS REGARDING IMPORTED BARLEY AND OATS.
(a) FINDINGS. -- Congress finds that --
(1) significant quantities of barley and oats are currently
being imported into the United States from Norway, Sweden, and
Finland origins, and there is reason to believe that such imports
will continue in the future;
(2) such imported barley and oats are being purchased at a
price artificially established at a level significantly below that
of domestically produced barley and oats due to unfair and
predatory export subsidies and schemes employed by the exporting
countries of origin; and
(3) it is likely that the continued importation of such
quantities of subsidized barley and oats will significantly and
adversely affect producers of domestic barley and oats and impair
the operations of existing farm commodity programs for barley and
oats in the United States.
(b) SENSE OF CONGRESS. -- Based on these findings, it is the sense
of Congress that the Secretary of Agriculture and the President of the
United States should immediately and aggressively employ all available
options under existing laws, including those under section 22 of the
Agricultural Adjustment Act (7 U.S.C. 624), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, in order to prevent
material damage to the producers of domestic barley and oats and to
prevent material interference with the programs established pursuant to
section 105B of the Agricultural Act of 1949 (7 U.S.C. 1444f).
SEC. 120. COTTON CLASSING FEES.
(a) EXTENSION OF AUTHORIZATION. -- The first sentence of section 3a
of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to
read as follows: "Effective for each of fiscal years 1992 through 1996,
the Secretary of Agriculture shall make cotton classification services
available to producers of cotton and shall provide for the collection of
classification fees from participating producers, or agents who
voluntarily agree to collect and remit the fees on behalf of
producers.".
(b) FEES. -- The first provido in the second sentence of section 3a
of such Act "7 USC 473a" is amended --
(1) by striking clauses (1) and (2) and inserting the following
new clauses: "(1) the uniform per bale classification fee to be
collected from producers, or their agents, for the classification
service in any year shall be the fee established in the previous
year for the prevailing method of classification service,
exclusive of adjustments to the fee made in the previous year
under clauses (2), (3), and (4), and as may be adjusted by the
percentage change in the implicit price deflator for the gross
national product as indexed during the most recent 12-month period
for which statistics are available; (2) the fee calculated in
accordance with clause (1) for a crop year may be increased by an
amount not to exceed 1 percent for every 100,000 running bales, or
portion thereof, that the Secretary estimates will be classed by
the United States Department of Agriculture in the crop year below
the level of 12,500,000 running bales, or decreased by a quantity
not to exceed 1 percent for every 100,000 running bales or portion
thereof, that the Secretary estimates will be classed by the
United States Department of Agriculture in the crop year above the
level of 12,500,000 running bales;"; and
(2) by striking clause (7) and inserting the following new
clause: "(7) the Secretary shall announce the uniform
classification fee and any surcharge for the crop not later than
June 1 of the year in which the fee applies.".
(c) CLARIFICATION OF SERVICES. -- The third sentence of section 3a
of such Act is amended to read as follows: "Classification services,
other than the prevailing method, provided at the request of the
producer shall not be subject to the restrictions specified in clauses
(1), (2), and (3) of the preceding sentence.".
(d) REPEAL OF STUDY ON PROCESSING CERTAIN COTTON GRADES. -- Section
3 of the Uniform Cotton Classing Fees Act of 1987 (7 U.S.C. 473a note)
is repealed.
(e) EFFECTIVE DATE. -- Subsections (a), (b), and (c), and the
amendments made by subsections (a), (b), and (c), shall be effective for
the period beginning on the date of enactment of this Act "7 USC 473a
note" and ending on September 30, 1996.
SEC. 121. SENSE OF CONGRESS REGARDING TARGETED OPTION PAYMENTS.
(a) FINDINGS. -- Congress finds that --
(1) thousands of agricultural producers are facing extremely
difficult economic times and low commodity prices;
(2) the conditions on each farm are unique and require a unique
plan to meet the income, conservation, and soil and weather
conditions of the farm; and
(3) agricultural producers need the maximum possible
flexibility to tailor the agricultural price support and
production adjustment program to their farms' individual needs.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that the
Secretary of Agriculture should offer targeted option payments for each
of the 1992 through 1995 crops of wheat, feed grains, upland cotton, and
rice as authorized by sections 107B(e)(3), 105B(e)(3), 103B(e)(3), and
101B(e)(3) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3a(e)(3),
1444f(e)(3), 1444-2(e)(3), and 1441-2(e)(3)), respectively.
SEC. 122. TRANSFER OF PEANUT QUOTA UNDERMARKETINGS.
Section 358b(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358b(a)) is amended --
(1) in paragraph (1) --
(A) by inserting "(including any applicable under marketings)"
after "any part of the poundage quota"; and
(B) by inserting "(including any applicable under marketings)"
after "any such lease of poundage quota";
(2) in the first sentence of paragraph (2), by striking "for
the farm" and inserting "(including any applicable under
marketings)"; and
(3) in paragraph (3), by inserting after "farm poundage quota"
the following: "(including any applicable undermarketings)".
SEC. 123. COTTON FUTURES CONTRACTS.
Subsection (c)(1) of the United States Cotton Futures Act (7 U.S.C.
15b(c)(1)) is amended by inserting before the period at the end the
following: ", except that any cotton futures contract that, by its
terms, is settled in cash is excluded from the coverage of this
paragraph and Act".
SEC. 124. "7 USC 1622 note" LAMB PRICE AND SUPPLY REPORTING SERVICES
REPORT AND SYSTEM.
(a) REPORT. -- Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit a report to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate on
measures that are necessary to improve the lamb price and supply
reporting services of the Department of Agriculture, including
recommendations to establish a complete information gathering system
that reflects the market structure of the national lamb industry. In
preparing the report, the Secretary shall examine measures to improve
information on --
(1) price reporting series of wholesale, retail, box, carcass,
pelt, offal, and live lamb sales in the United States, including
markets in --
(A) California (including San Francisco);
(B) the East Coast region (including Washington, D.C.);
(C) the Midwest region (including Chicago, Illinois);
(D) Texas;
(E) the Rocky Mountain region; and
(F) Florida;
(2) sheep and lamb inventories, including on-feed reports;
(3) the price and supply relationships between retailers and
breakers;
(4) the viability of voluntary or mandatory reporting for sheep
prices; and
(5) information on the import and export of sheep, analyzed by
cut, carcass, box, breeder stock, and sex.
(b) PRICE DISCOVERY AND REPORTING SYSTEM. --
(1) SYSTEM REQUIRED. -- Based on the report required under
subsection (a), the Secretary shall --
(A) develop a price discovery system formula for the lamb
market, such as carcass equivalent pricing; and
(B) establish a price discovery and reporting system for the
lamb market to assist lamb producers to better allocate their
resources and make informed production and marketing decisions.
(2) IMPLEMENTATION. -- The price discovery and reporting
system for the lamb market shall be implemented by the Secretary
not later than 180 days after the date of the submission of the
report.
(3) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized
to be appropriated such sums as may be necessary to develop and
establish the system required under this subsection.
(c) CONSULTATION. -- In preparing the report required under
subsection (a) and establishing the price discovery and reporting system
required under subsection (b), the Secretary shall consult with lamb
producers and other persons in the national lamb industry.
SEC. 125. COTTON FIRST HANDLER MARKETING CERTIFICATES.
Section 103B(a)(5)(B) (7 U.S.C. 1444-2(a)(5)(B)) is amended --
(1) by inserting "or cash payments" after "marketing
certificates" each place it appears in clauses (i) and (ii); and
(2) in clause (iii), by inserting "or cash payment" after
"certificate".
SEC. 126. PRODUCTION OF BLACK-EYED PEAS FOR DONATION.
(a) 50/92 PROGRAM FOR COTTON. -- Section 103B(c)(1)(D) (7 U.S.C.
1444-2(c)(1)(D)) is amended by adding at the end the following new
clause:
"(ix) BLACK-EYED PEAS FOR DONATION. -- The Secretary may
permit, under such terms and conditions as will ensure optimum
producer participation, all or any part of the acreage required to
be devoted to conservation uses as a condition for qualifying for
payments under this subparagraph to be devoted to the production
of black-eyed peas if --
"(I) the producer agrees to donate the harvested peas from the
acreage to a food bank, food pantry, or soup kitchen (as defined
in paragraphs (3), (4), and (7) of section 110(b) of the Hunger
Prevention Act of 1988 (7 U.S.C. 612c note)) that is approved by
the Secretary; and
"(II) the Secretary finds that such action will not result in
the disruption of normal channels of trade."
(b) ACREAGE REDUCTION PROGRAM. -- Section 103B(e)(2) of such Act (7
U.S.C. 1444-2(e)(2)) is amended by adding at the end the following new
subparagraph:
"(G) BLACK-EYED PEAS FOR DONATION. -- The Secretary may
permit, under such terms and conditions as will ensure optimum
producer participation, producers on a farm to plant black-eyed
peas on not more than one-half of the reduced acreage on the farm
if --
"(i) the producer agrees to donate the harvested peas from such
acreage to a food bank, food pantry, or soup kitchen (as defined
in paragraphs (3), (4), and (7) of section 110(b) of the Hunger
Prevention Act of 1988 (7 U.S.C. 612c note)) that is approved by
the Secretary; and
"(ii) the Secretary finds that such action will not result in
the disruption of normal channels of trade.".
SEC. 127. MILK PRICE SUPPORT PROGRAM LIMITED TO 48 CONTIGUOUS
STATES.
(a) IN GENERAL. -- Section 204 (7 U.S.C. 1446e) is amended --
(1) in subsection (a), by inserting "produced in the 48
contiguous States" after "the price of milk";
(2) in subsection (c)(1), by inserting before the period the
following: "produced in the 48 contiguous States";
(3) in subsection (d)(5)(B), by striking "United States" both
places it appears and inserting "48 contiguous States and the
District of Columbia"; and
(4) in subsections (g)(1) and (h)(1), by striking "United
States" each place it appears and inserting "48 contiguous
States".
(b) EFFECTIVE DATE. -- This section "7 USC 1446e note" and the
amendments made by this section shall take effect as of January 1, 1991.
SEC. 128. "7 USC 1446 note" MODIFICATION OF MILK PRODUCTION
TERMINATION PROGRAM.
(a) CERTAIN TRANSFERS AUTHORIZED. -- If the Secretary of Agriculture
determines that a natural disaster renders unusable the land or milk
production facilities of the producers on a farm, the Secretary shall
allow the producers to transfer the production unit (including dairy
animals and equipment) to a farm idled under the milk production
termination program established under section 201(d)(3) of the
Agricultural Act of 1949 (7 U.S.C. 1446(d)(3)), without penalty, if the
producers on the farm agree to comply with all terms and conditions of
the program contract for the remainder of the contract period.
(b) APPLICATION. -- This section shall apply with respect to any
natural disaster occurring during the period beginning on October 1,
1990, and ending on February 1, 1991.
SEC. 201. AMENDMENTS TO THE FOOD, AGRICULTURE, CONSERVATION, AND
TRADE ACT OF 1990.
(a) AMENDMENTS TO SECTION 1451. -- Section 1451 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is
amended --
(1) in subsection (b)(1)(D), by striking "(e)" and inserting
"(f)";
(2) in subsection (d), by inserting "each of" before "the
calendar";
(3) in subsection (f)(5), by striking "assisting" and inserting
"assist"; and
(4) in subsection (h)(7)(B) --
(A) in clause (i), by inserting before the period at the end of
the first sentence the following: ", but only to the extent that
such number exceeds the number of acres resulting from the
reduction in payment acres under an amendment made by section 1101
of the Omnibus Budget Reconciliation Act of 1990 (Public Law
101-508; 104 Stat. 1388-1)"; and
(B) in clause (ii), by striking "under" and all that follows
through "Agricultural" and inserting "under section 101B(c)(1)(D),
103B(c)(1)(D), 105B(c)(1)(E), or 107B(c)(1)(E) of the
Agricultural".
(b) AMENDMENTS TO SECTION 1466. -- Section 1466 of such Act (7
U.S.C. 4201 note) is amended --
(1) in subsection (c), by striking "Funds" and inserting
"funds"; and
(2) in each of subsections (e) and (f), by striking "section
(b)" and inserting "subsection (b)".
(c) AMENDMENT TO SECTION 1468(a)(2). -- Section 1468(a)(2) of such
Act (7 U.S.C. 4201 note) is amended by striking "Funds" and inserting
"funds".
(d) AMENDMENTS TO SECTION 1473(a). -- Section 1473(a) of such Act (7
U.S.C. 5403(a)) is amended --
(1) in paragraph (1), by striking "subparagraph (B)" and
inserting "paragraph (2)"; and
(2) in paragraph (2), by striking "subparagraph (A)" and
inserting "paragraph (1)".
(e) AMENDMENT TO SECTION 1483(c). -- Section 1483(c) of such Act (7
U.S.C. 5503(c)) is amended by inserting "and" after "Animal".
(f) AMENDMENT TO SECTION 1485. -- Section 1485 of such Act (7 U.S.C.
5505) is amended --
(1) in subsection (a), by striking "Administrator" both places
it appears and inserting "Director";
(2) in subsection (a)(3), by striking "Atmospheric Agency,
the"" and inserting "Atmospheric Administration, the"; and
(3) in subsection (b)(3), by striking "subsection (a)" and
inserting "this subsection".
(g) AMENDMENTS TO SECTION 1499. -- Section 1499 of such Act (7
U.S.C. 5506) is amended --
(1) in the 4th sentence of subsection (a) --
(A) by inserting "Agricultural" before "Environmental"; and
(B) by striking "1612" and inserting "1472";
(2) in subsection (b) --
(A) by striking "AFFECT" and inserting "EFFECT"; and
(B) by inserting "and section 1499A" after "subsection (a)";
and
(3) in subsection (c), by inserting "and" after "Animal".
(h) NEW SECTION. --
(1) EDUCATION PROGRAM. -- Such Act is amended by inserting
after section 1499 (7 U.S.C. 5506) the following new section:
"SEC. 1499A. "7 USC 3125c" EDUCATION PROGRAM REGARDING HANDLING OF
AGRICULTURAL CHEMICALS AND AGRICULTURAL CHEMICAL CONTAINERS.
"Subject to the availability of funds appropriated in advance, the
Secretary of Agriculture shall direct the Extension Service to operate a
program in each State to catalogue the Federal, State, and local laws
and regulations that govern the handling of unused or unwanted
agricultural chemicals and agricultural chemical containers in the
State. The program established under this section shall make available
to producers of agricultural commodities and the general public, and
provide on request, educational materials developed or collected by the
program.".
(2) The table of contents in section 1(b) of such Act (104
Stat. 3363) is amended by inserting after the item relating to
section 1499 the following new item:
"Sec. 1499A. Education program regarding handling of agricultural
chemicals and agricultural chemical containers.".
SEC. 202. AMENDMENT TO THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT
ACT.
The 14th sentence of the 5th undesignated paragraph of section 8(b)
of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))
is amended by inserting ", except that, in the case of a person elected
to be a national officer or State president of the National Association
of Farmer Elected Committeemen, the limitation shall be four consecutive
terms" before the period.
SEC. 203. FARMS FOR THE FUTURE.
(a) IN GENERAL. -- Sections 1465 through 1469 of the Farms for the
Future Act of 1990 (7 U.S.C. 4201 note) are amended to read as follows:
"SEC. 1465. SHORT TITLE, PURPOSE, AND DEFINITION.
"(a) SHORT TITLE. -- This chapter may be cited as the 'Farms for the
Future Act of 1990'.
"(b) PURPOSE. -- It is the purpose of this chapter to promote a
national farmland protection effort to preserve our vital farmland
resources for future generations.
"(c) DEFINITIONS. -- As used in this chapter:
"(1) ALLOWABLE INTEREST RATE. -- The term 'allowable interest
rate' refers to the interest rate that the State trust fund pays
on each eligible loan (including the interest paid by the State
trust fund, State, or State agency on bonds or other obligations
described in paragraph (2)).
"(2) ELIGIBLE LOAN. -- The term 'eligible loan' means each
loan made by lending institutions to each State trust fund, or to
the State acting in conjunction with the State trust fund, to
further the purposes of this chapter, and the proceeds from any
issuance of obligations, or other bonded indebtedness, of any
eligible State, the State trust fund, or any agency of an eligible
State, except that no eligible loan shall bear an interest rate in
excess of 10 percent per year.
"(3) ELIGIBLE STATE. -- The term 'eligible State' means --
"(A) the State of Vermont; and
"(B) at the option of the Secretary and subject to
appropriations, any State that --
"(i) operates or administers a land preservation fund that
invests funds in the protection or preservation of farmland for
agricultural purposes; and
"(ii) works in coordination with the governing bodies of
counties, towns, townships, villages, or other units of general
government below the State level, or with private nonprofit or
public organizations, to assist in the preservation of farmland
for agricultural purposes.
"(4) LENDING INSTITUTION. -- The term 'lending institution'
means any Federal or State chartered bank, savings and loan
association, cooperative lending agency, other legally organized
lending agency, State government or agency, political subdivision
of a State, or any nonprofit conservation organization.
"(5) PROGRAM. -- The term 'program' means the farmland
preservation program established under this chapter to be known as
the 'Agricultural Resource Conservation Demonstration Program'.
"(6) SECRETARY. -- The term 'Secretary' means the Secretary of
Agriculture.
"(7) STATE. -- The term 'State' means any State of the United
States, the Commonwealth of Puerto Rico, and the Virgin Islands of
the United States.
"(8) STATE TRUST FUND. -- The term 'State trust fund' means
any trust fund or an account established by an eligible State, or
other public instrumentality of the eligible State, where such
eligible State is approved to participate by the Secretary in the
program under application procedures set forth in section 1466(j)
or 1468.
"SEC. 1466. ESTABLISHMENT OF PROGRAM.
"(a) IN GENERAL. --
"(1) PURPOSE. -- The Secretary shall establish and implement a
program, to be known as the 'Agricultural Resource Conservation
Demonstration Program', to provide Federal guarantees and interest
assistance for eligible loans described in section 1465(c)(2) made
to, or issued for the benefit of, State trust funds.
"(2) ASSISTANCE. -- Under the program the Secretary shall
guarantee for a period of 10 years the timely payment of the
principal amount and interest due on each eligible loan described
in section 1465(c)(2) made to, or issued for the benefit of, State
trust funds and shall for each such 10-year period subsidize the
interest on such eligible loans at the allowable interest rate for
the first 5 years after the loan is made, or issued, and at no
less than 3 percentage points for the second 5 years under
procedures described in subsection (b).
"(b) MANDATORY ASSISTANCE TO EACH STATE TRUST FUND. -- The Secretary
shall --
"(1) fully guarantee with the full faith and credit of the
United States each eligible loan described in section 1465(c)(2)
made to, or issued for the benefit of, each State trust fund under
procedures established by the Secretary;
"(2) annually pay to each State trust fund an amount calculated
by applying the allowable interest rate to the amount of each loan
described in section 1465(c)(2) made to, or issued for the benefit
of, each State trust fund during each of the first 5 years after
the date on which each such loan was made or issued; and
"(3) annually pay to each State trust fund, for each year
during the second 5-year period after each such eligible loan is
made to, or issued for the benefit of, the State trust fund, an
amount calculated by applying the interest rate difference,
between the rate of interest charged to borrowers of direct loans
as described in section 316(a)(2) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1946(a)(2)) and the allowable
interest rate, to the amount of each such loan made to, or issued
for the benefit of, the State trust fund, as determined under
procedures established by the Secretary.
"(c) FUNDING. --
"(1) ISSUANCE OF STOCK. -- The Secretary of Agriculture shall
make and issue stock, in the same manner as notes are issued under
section 309(c) or 309A(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929(c) or 1929a(d)), to the Secretary
of the Treasury for the purpose of obtaining funds from the
Secretary of the Treasury that are necessary for discharging the
obligations of the Secretary of Agriculture under this chapter.
The stock shall not pay dividends and shall not be redeemable.
"(2) PURCHASE OF STOCK. -- The Secretary of the Treasury shall
provide the funding necessary to implement this chapter. The
Secretary of the Treasury shall purchase any stock of the
Secretary of Agriculture issued to implement this chapter. The
Secretary of the Treasury shall use as a public debt transaction
the proceeds from the sale of any securities issued under chapter
31 of title 31, United States Code. The purposes for which the
securities may be issued under such chapter are extended to
include the raising of funds to purchase stock issued by the
Secretary of Agriculture to implement this chapter with respect to
each eligible State. The Secretary of Agriculture shall make and
issue such stock as is necessary to fund this chapter to the
Secretary of the Treasury who shall promptly purchase the stock
(within 60 days) being offered by the Secretary of Agriculture.
"(3) COMMODITY CREDIT CORPORATION. -- If the Secretary of
Agriculture fails to issue stock as required under this chapter,
or if funding is otherwise not provided as set forth in this
chapter, for the eligible State described in section
1454(c)(3)(A), notwithstanding any other provision of law, the
Secretary of Agriculture shall use the funds, services and
facilities of the Commodity Credit Corporation to carry out the
requirements of this chapter. The procedure described in
paragraph (2) shall be used to reimburse the Corporation for funds
expended to carry out this paragraph.
"(d) REQUIRED PURCHASES OF STOCK. -- The Secretary shall promptly
notify the Secretary of the Treasury, in writing, each time an
application of an eligible State is approved by the Secretary under this
chapter. The Secretary of the Treasury shall promptly purchase stock
(within 60 days) offered by the Secretary under subsection (c) and the
Secretary of Agriculture shall deposit the proceeds from each such sale
of stock in accounts created to administer the program.
"(e) ENTITLEMENTS. -- The Secretary is entitled to receive funds,
and shall receive funds, from the Secretary of the Treasury in an amount
equal to the total par-value of the stock issued to the Secretary of the
Treasury. Each State trust fund is entitled to receive, and the
Secretary of Agriculture shall promptly pay to each such trust fund,
amounts calculated under procedures described in subsection (b).
"(f) REGULATIONS. -- Except regarding the eligible State described
in section 1465(c)(3)(A), the Secretary shall promulgate proposed and
final regulations, under the prior public comment provisions of section
553 of title 5, United States Code, setting forth --
"(1) the application procedures for eligible States;
"(2) the factors to be used in approving applicants;
"(3) procedures for the prompt payment of the obligations of
the Secretary under subsection (b);
"(4) recordkeeping requirements for approved State trust funds;
"(5) requirements to prevent program abuse and procedures to
recover improperly obtained funds;
"(6) rules permitting State trust funds to act as revolving
funds or to otherwise accumulate additional capital, based on
investments, to be subsequently used to promote the purposes of
this chapter; and
"(7) any other rules necessary and appropriate to carry out the
program.
"(g) DURATION OF PROGRAM. -- The program established under this
chapter shall expire on September 30, 1996, except that any financial
obligations of the Secretary shall continue to be met as required by
this chapter.
"(h) ELIGIBLE USES FOR GUARANTEED LOAN FUNDS. --
"(1) IN GENERAL. -- Funds from eligible loans (including proceeds
from the sale of bonds or other obligations described in section
1465(c)(2)) guaranteed under this chapter, and any earnings of the
State trust funds, may be used --
"(A) to purchase development rights, conservation easements or
other types of easements, or to purchase agricultural land in fee
simple or some lesser estate in land;
"(B) to pay all reasonable and customary costs including
appraisal, survey and engineering fees, and legal expenses;
"(C) to pay the costs of enforcing easements or land use
restrictions;
"(D) to cover the costs of complying with any regulations
issued by the Secretary under this program and the costs of
implementing the farmland plan of operation, except that the
guaranteed loan proceeds shall not be used to pay overhead
expenses of the State trust fund (rent, utilities, salaries,
wages, insurance premiums, and the like); and
"(E) to generate earnings (including through investments not
exceeding 10 years in duration for each eligible loan), to be used
for future farmland preservation efforts, through investments in
direct obligations of the United States or obligations guaranteed
by the United States or an agency thereof or by depositing funds
in any member bank of the Federal Reserve System or any federally
insured State nonmember bank.
"(2) COLLATERAL FOR LOANS. -- To the extent consistent with
relevant banking laws and practices, the investments or deposits
described in paragraph (1)(E) may serve as collateral for loans
made to, or on behalf of, the State trust fund.
"(i) STATE USE OF GUARANTEED LOAN FUNDS. -- The Secretary may issue
regulations or procedures requiring each State trust fund to report to
the Secretary regarding the uses of the eligible loans (described in
section 1465(c)(2)) guaranteed by the Secretary and the Secretary may
monitor the uses of the funds to ensure that the loans are used for
purposes related to this chapter. Neither the Secretary or the lending
institution shall have the power to require approval of each specific
use of the loans guaranteed by the Secretary, the specific terms of each
use of the loan funds, or the specific provisions of each purchase or
investment made with loans guaranteed by the Secretary. The Secretary
may require that each State trust fund provide a State farmland
preservation plan of operation to the Secretary setting forth the plans
for administering the program in the State and may require each State
trust fund to periodically report to the Secretary on the purchases of
interests in farmland and on other specific uses of the funds.
"(j) SPECIAL RULES FOR THE PILOT PROJECT STATE. -- Notwithstanding
any other provisions of this chapter, the following special rules shall
apply to the eligible State described in section 1465(c)(3)(A):
"(1) PROVISION OF LOAN GUARANTEE AND INTEREST ASSISTANCE
AGREEMENT. -- Within 30 days of the date any State trust fund in
the eligible State receives a commitment for each eligible loan
from a lending institution, the Secretary shall provide the
lending institution with the loan guarantee and the interest
assistance agreement so that the lending institution may disburse
the full amount of the loan proceeds to the State trust fund on
the date of loan closing to carry out this program. After the
loan closing, the lending institution shall have no obligation to
monitor or approve the use of loan proceeds by the State trust
fund.
"(2) APPROVAL OF APPLICATION. -- The Secretary shall annually
approve the completed application from the eligible State within
30 days after receipt if the application sets forth the general
goals and policies of the State trust fund. The Secretary shall
provide the Federal assistance required under this chapter
beginning on the date the application or plan is approved.
"(3) AMOUNT OF GUARANTEES. -- The Secretary shall calculate
the total amount of guarantees to be provided for fiscal year 1992
in an amount equal to double the sum of --
"(A) the amount that was made available in fiscal year 1991 to
the State trust fund (the Vermont Conservation and Housing Board
regardless of whether the fund had been approved by the Secretary
in fiscal year 1991), by the State described in section
1465(c)(3)(A), political subdivisions thereof, charitable
organizations, private persons, or any other entity, in addition
to the proceeds from the sale of obligations of the State related
to the purposes of the State trust fund and the fair market value
of donations of interests in land to the State trust fund; and
"(B) the matching contribution calculated under section 1468(c)
for fiscal year 1992 for the State.
"(k) MISCELLANEOUS PROVISIONS. --
"(1) OPERATION. -- Each State trust fund may operate through
nonprofit corporations, municipalities, or other political
subdivisions of States in carrying out the purposes of the program
established in this chapter.
"(2) EARNINGS. -- Earnings on funds of each State trust fund
may be used for any purposes related to carrying out the
operations of the trust fund in a manner not inconsistent with the
requirements of this chapter or the farmland preservation plan.
"SEC. 1467. FEDERAL ACCOUNTS AND COMPLIANCE.
"(a) ACCOUNTS. -- To carry out the purposes of this chapter, the
Secretary may establish in the Treasury of the United States an account,
to be known as the 'Agricultural Resource Conservation Revolving Fund'
(hereafter referred to in this chapter as the 'Fund'), for the use by
the Secretary to meet the obligations of the Secretary under this
chapter.
"(b) COMPLIANCE. -- If the Secretary determines that any State trust
fund is failing to comply, to a significant degree, with any
requirements of this chapter, the Secretary shall report the failure to
the Committee on Agriculture of the House of Representatives and to the
Committee on Agriculture, Nutrition, and Forestry of the Senate, shall
fully investigate the matter, may decline to provide additional Federal
guarantees or interest subsidies to the State trust fund, and shall take
other steps as may be appropriate to prevent the use of Federal
assistance in a manner not consistent with this chapter.
"SEC. 1468. APPLICATIONS AND ADMINISTRATION.
"(a) APPLICATIONS. -- In applying for assistance under this chapter
an eligible State described in section 1465(c)(3)(B) shall --
"(1) prepare and submit, to the Secretary, an application at
such time, in such manner, and containing such information as the
Secretary shall require;
"(2) agree that the State trust fund will use any funds
provided, or guaranteed, by the Secretary under this chapter in a
manner that is consistent with the chapter and the regulations
promulgated by the Secretary; and
"(3) agree to comply with any other requirements set forth in
agreements with the Secretary or as the Secretary may prescribe by
regulation.
"(b) ANNUAL APPLICATIONS. -- Eligible States described in section
1465(c)(3)(B) may apply for Federal assistance under this chapter on an
annual basis. The Secretary shall approve or disapprove each
application for assistance, and notify the applicant of the action not
later than 30 days after receipt of a complete application.
"(c) MATCH AND MAXIMUM AMOUNT. --
"(1) IN GENERAL. -- The total amount of any guarantees
provided by the Secretary under this program for each eligible
State shall equal an amount that is equal to double the amount
that is, or shall be, made available to the trust fund (including
matching funds described in paragraphs (2) through (4)) in each
such eligible State by the State, political subdivisions thereof,
charitable organizations, private persons, or any other entity,
for acquiring interests in land to protect and preserve important
farmlands for future agricultural use but in no event shall the
total Federal share exceed $10,000,000 in any fiscal year for any
given State.
"(2) EARNINGS. -- Earnings of the State trust fund and funds
expended by the State or the State trust fund prior to loan
closing for purposes consistent with this chapter, and in the same
fiscal year, may be considered as matching funds.
"(3) OBLIGATIONS. -- Proceeds from the sale of tax-exempt
general obligation bonds, or other obligations, of the State or
State trust fund shall be an allowable source of matching funds
under this chapter for the same fiscal year.
"(4) LAND. -- The fair market value of any donation of an
interest in land to the State trust fund, or a charitable
organization working with the State trust fund, may be considered
as matching funds, for the same fiscal year, if --
"(i) the fair market value is based on an appraisal determined
to be adequate by the State trust fund; and
"(ii) the donation is consistent with the State farmland
preservation plan,
except that the value of land donated to charitable
organizations by the State trust fund shall not be included as
part of the match.
"(d) CLARIFICATION OF FEDERAL LAW. -- Sellers of land, or of
interests in land, to any State trust fund are not, and shall not be
considered by the Secretary as, recipients or beneficiaries of Federal
assistance.
"SEC. 1469. REPORT.
"Not later than September 30, 1992, and annually thereafter, the
Secretary of Agriculture shall prepare and submit, to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, a report concerning
the operation of the program established under this chapter.".
(b) REGULATIONS. -- Section 1470 of the Farms for the Future Act of
1990 (7 U.S.C. 4201 note) is amended --
(1) by striking "This" and inserting "(a) IN GENERAL. --
This"; and
(2) by adding at the end the following new subsection:
"(b) REGULATIONS. -- Not later than December 31, 1991, the Secretary
of Agriculture shall publish in the Federal Register interim final
regulations to implement this chapter. The regulations shall not
require each State's program to give a priority to the acquisition of
land, or interests in land, that is subject to significant urban
pressure.".
(c) REPORTS; STOCK ISSUANCE. -- Such Act is amended by adding at
the end the following new sections:
"SEC. 1470A. "7 USC 4201 note" COMPTROLLER GENERAL REPORTS.
"On February 15 of 1992, and on December 1 of each of the years 1992
through 1996, the Comptroller General of the United States shall report
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, on
whether the Secretary of Agriculture is complying with the requirements
of this chapter. The report shall include information concerning loans
guaranteed under this chapter and the steps the Secretary of Agriculture
has taken to comply with this chapter.
"SEC. 1470B. "7 USC 4201 note" SPECIAL RULES FOR ISSUANCE OF STOCK
FOR 1992.
"The Secretary shall issue the stock required to be issued to the
Secretary of Treasury under this chapter with respect to the eligible
State described in section 1465(c)(3)(A), for fiscal year 1992, on or
before December 20, 1991.".
SEC. 204. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.)
is amended --
(1) in section 1211 (16 U.S.C. 3811) --
(A) in paragraph (1)(D), by striking "(16 U.S.C. 1421 note)"
and inserting "(7 U.S.C. 1421 note)";
(B) in paragraph (3)(D), by inserting "of subtitle D" after
"chapter 2"; and
(C) in paragraph (3)(E), by inserting "of subtitle D" after
"chapter 3";
(2) in section 1212 (16 U.S.C. 3812) --
(A) in subsection (f)(4)(A), by striking "such violations" and
inserting "such violation"; and
(B) in subsection (g)(2), by striking "XIII," and inserting
"XIII";
(3) in section 1221(1)(D) (16 U.S.C. 3821(1)(D)), by striking
"(16 U.S.C. 1421 note)" and inserting "(7 U.S.C. 1421 note)";
(4) in section 1223 (16 U.S.C. 3823), by striking "and" at the
end of paragraph (3);
(5) in section 1232(a) (16 U.S.C. 3832(a)) --
(A) by striking the extra semicolon at the end of paragraph
(6); and
(B) in paragraph (7) --
(i) by striking "fall and winter"; and
(ii) by striking "for an applicable reduction in rental
payment" and inserting "and occurs during the 7-month period in
which grazing of conserving use acreage is allowed in a State
under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) or
after the producer harvests the grain crop of the surrounding
field for a reduction in rental payment commensurate with the
limited economic value of such incidental grazing".
(6) in section 1237(d) (16 U.S.C. 3837(d)), by striking
"subsection (d)" and inserting "subsection (c)";
(7) in section 1239(b)(1)(A) (16 U.S.C. 3839(b)(1)(A)), by
striking "corridors," and inserting "corridors;"; and
(8) in section 1247(b) (16 U.S.C. 3847(b)), by striking
"subsection 1234(b)" and inserting "section 1234(b)".
SEC. 301. SUPERFLUOUS PUNCTUATION IN FARMER TO FARMER PROVISIONS.
Section 501(a)(3) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737(a)(3)) is amended by striking the
comma after "public".
SEC. 302. PUNCTUATION CORRECTION IN ENTERPRISE FOR THE AMERICAS
INITIATIVE.
Section 603(a)(3) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1738b(a)(3)) is amended by inserting a
hyphen between "Inter" and "American".
SEC. 303. SPELLING CORRECTION IN SECTION 604.
Section 604(a)(2) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1738c(a)(2)) is amended by striking
"AVALIABILITY" and inserting "AVAILABILITY".
SEC. 304. MISSING WORD IN SECTION 606.
Section 606(c) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1738e(c)) is amended by inserting "accounts" after
"Corporation".
SEC. 305. PUNCTUATION ERROR IN SECTION 607.
Section 607(a) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1738f(a)) is amended by striking the quotation
mark before "Fund" and inserting it after "Fund" the last place it
appears.
SEC. 306. TYPOGRAPHICAL CORRECTION IN SECTION 612.
Section 612(a)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1738k(a)(1)) is amended by striking
"462), and -- " and inserting "2281 et seq.);".
SEC. 307. ERRONEOUS QUOTATION.
Section 1515(b) of the Food, Agriculture, Conservation, and Trade Act
"7 USC 1736bb-6" of 1990 is amended by striking "title I and" and
inserting "titles I and".
SEC. 308. PUNCTUATION CORRECTION.
Section 103(d)(2) of the Agricultural Trade Act of 1978 (7 U.S.C.
5603(d)(2)) is amended by inserting a close parenthesis mark before the
final period.
SEC. 309. DATE CORRECTION.
Section 203(g)(3) of the Agricultural Trade Act of 1978 (7 U.S.C.
5623(g)(3)) is amended by striking "the date of enactment of this Act"
and inserting "November 28, 1990,".
SEC. 310. MISSING SUBTITLE HEADING CORRECTION.
Title II of the Agricultural Trade Act of 1978 is amended by
inserting after the title heading the following:
SEC. 311. REDESIGNATION OF SUBSECTION.
Section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is
amended by redesignating subsection (g) as subsection (f).
SEC. 312. DATE CORRECTION TO SECTION 404.
Section 404 of the Agricultural Trade Act of 1978 (7 U.S.C. 5664) is
amended by striking out "the date of enactment of this Act" and
inserting "November 28, 1990".
SEC. 313. DATE CORRECTION TO SECTION 416.
Section 416(e) of the Agricultural Trade Act of 1978 (7 U.S.C.
5676(e)) is amended by striking out "the effective date of this section"
and inserting "November 28, 1990".
SEC. 314. REDESIGNATION OF SECTION.
The Agricultural Trade Act of 1978 is amended by redesignating
section 506 (7 U.S.C. 5695) as section 505.
SEC. 315. CROSS REFERENCE CORRECTION.
Section 601 of the Agricultural Trade Act of 1978 (7 U.S.C. 5711) is
amended by striking "section 104" each place it appears and inserting
"section 103".
SEC. 316. PLACEMENT CLARIFICATION.
Section 1532 of the Food, Agriculture, Conservation, and Trade Act "7
USC 1748, 1749" of 1990 is amended by striking "thereof" and inserting
"of title I".
SEC. 317. PUNCTUATION CORRECTION.
Section 108(b) of the Agricultural Act of 1954 (7 U.S.C. 1748) is
amended by striking the period at the end of paragraph (1)(B) and
inserting a semicolon.
SEC. 318. ELIMINATION OF OBSOLETE CROSS REFERENCE.
Section 108(b)(4) of the Agricultural Act of 1954 (7 U.S.C.
1748(b)(4)) is amended by striking "the trade assistance office" and all
that follows through "section 201),".
SEC. 319. CROSS REFERENCE CORRECTION.
Section 407(c) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1736a(c)) is amended by inserting "title I of"
before "this Act" each place it appears in paragraphs (2)(B) and (3).
SEC. 320. CORRECTING CLERICAL ERRORS IN SECTION 204 OF THE
AGRICULTURAL TRADE ACT OF 1978.
Section 204(d) of the Agricultural Trade Act of 1978 (7 U.S.C. 5624)
is amended --
(1) by striking "AGENCY OR PRIVATE PARTIES" in the heading and
inserting "AGENCIES"; and
(2) by striking "government" and inserting "Government".
SEC. 321. CAPITALIZATION CORRECTION.
Section 403(i)(2)(C) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733(i)(2)(C)) is amended by striking
"Committees" and inserting "committees".
SEC. 322. CORRECTION OF ERROR IN DATE.
Sections 409, 410(a), 410(b), 410(c), and 411(e) of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736c, 1736d(a),
1736d(b), 1736d(c), and 1736e(e)) are each amended by striking "the date
of enactment of this Act" and inserting "November 28, 1990".
SEC. 323. CORRECTION OF TYPOGRAPHICAL ERROR.
Section 406(b)(5)(D) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736(b)(5)(D)) is amended by striking
"items" and inserting "time".
SEC. 324. CROSS REFERENCE CORRECTION.
Section 407(c)(1)(A) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a(c)(1)(A)) is amended by striking
"this section" and inserting "title I".
SEC. 325. ELIMINATION OF SUPERFLUOUS WORD.
Section 407(c)(1)(C) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a(c)(1)(C)) is amended by striking
"other".
SEC. 326. CROSS REFERENCE CORRECTION.
Section 411(a) of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1736e(a)) is amended by striking "this title" and
inserting "title I".
SEC. 327. AMENDMENT TO SECTION 602.
Section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5712(a)) is amended --
(1) in paragraph (1), by striking "designate as produced" and
inserting "designate produced"; and
(2) in paragraph (2), by striking "in accordance with
subsection (c)".
SEC. 328. SECTION 407 CORRECTIONS.
(a) SUBSECTION (c)(4). -- Section 407(c)(4) of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736a(c)(4)) is
amended --
(1) by inserting "provides or" after "in which such person";
and (2) by striking "if the person is" and inserting "of a
person".
(b) ELIMINATION OF WORD. -- Section 407(d)(3) of the Agricultural
Trade Development and Assistance Act of 1954 is amended by striking
"other".
SEC. 329. SECTION 407(b) AMENDMENT.
Section 407(b)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a(b)(1)) is amended by striking "or
agricultural commodity donated".
SEC. 330. SUPPLEMENTAL VIEWS IN ANNUAL REPORT.
Section 614 of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1738m) is amended --
(1) by striking "Not later" and inserting "(a) IN GENERAL. --
Not later"; and
(2) by adding at the end the following:
"(b) SUPPLEMENTAL VIEWS IN ANNUAL REPORT. -- No later than December
15 of each fiscal year, each member of the Board shall be entitled to
receive a copy of the report required under subsection (a). Each member
of the Board may prepare and submit supplemental views to the President
on the implementation of this title by December 31 for inclusion in the
annual report when it is transmitted to Congress pursuant to this
section.".
SEC. 331. CONSULTATIONS WITH CONGRESS.
The Agricultural Trade Development and Assistance Act of 1954 is
amended by inserting after section 614 (7 U.S.C. 1738m) the following:
"SEC. 615. "7 USC 1738n" CONSULTATIONS WITH CONGRESS.
"The President shall consult with the appropriate congressional
committees on a periodic basis to review the operation of the Facility
under this title and the eligibility of countries for benefits from the
Facility under this title.".
SEC. 332. STATUTE DESIGNATION.
Section 407(d)(4) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a(d)(4)) is amended by striking
"the Federal Property Act of 1949, as amended," and inserting "the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.)".
SEC. 333. CORRECTION OF PLACEMENT AND INDENTATION OF SUBPARAGRAPH.
Subparagraph (B) of section 1514(5) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (104 Stat. 3663), "7 USC 1431" is
amended to read as follows:
"(B) by inserting after subparagraph (E) the following new
subparagraph:
"'(F) The provisions of sections 403(i) and 407(c) of the
Agricultural Trade Development and Assistance Act of 1954 shall
apply to donations, sales and barters of eligible commodities
under this subsection.'".
SEC. 334. EXPORT CREDIT GUARANTEE PROGRAM.
Section 202(i) of the Agricultural Trade Act of 1978 (7 U.S.C.
5622(i)) is amended by striking "or proceeds payable under a credit
guarantee issued by the Commodity Credit Corporation under this section
if it is determined by the Corporation that" and inserting "issued by
the Commodity Credit Corporation under this section if it is determined
by the Corporation, at the time of the assignment, that".
SEC. 335. TECHNICAL AMENDMENTS TO THE FOOD FOR PROGRESS PROGRAM.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended --
(1) in subsection (l), by striking "September 30," where it
appears immediately before "December 31";
(2) in subsection (m), by striking "this Act" each place it
appears and inserting "this section"; and
(3) by redesignating subsections (l) and (m) (as amended by
paragraphs (1) and (2)) as subsections (k) and (l), respectively.
SEC. 336. MISCELLANEOUS AMENDMENT TO THE AGRICULTURAL TRADE
DEVELOPMENT AND ASSISTANCE ACT OF 1954.
The first sentence of section 411(b) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736e) is amended by
inserting before the period at the end the following: "at least 10 days
prior to providing the debt relief".
SEC. 337. REPORTING REQUIREMENTS.
Section 214 of the Tobacco Adjustment Act of 1983 (7 U.S.C. 509(f))
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) EXCEPTIONS. -- The reporting and recordkeeping requirements of
this section shall not apply with respect to cigars, cigar tobaccos,
pipe tobacco, chewing tobacco in retail packaging, and snuff in retail
packaging. In order to qualify for the exception under this subsection,
the tobacco must have a certification that its end use is for cigars,
cigar tobacco, pipe tobacco, chewing tobacco in retail packaging, or
snuff in retail packaging.".
SEC. 338. SHARING UNITED STATES AGRICULTURAL EXPERTISE AND
INFORMATION.
Section 1542(d) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note) is amended --
(1) by striking the subsection heading and inserting the
following:
"(d) E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM. -- The
Secretary of Agriculture (hereafter in this section referred to as the
'Secretary') shall establish a program, to be known as the 'E (Kika) de
la Garza Agricultural Fellowship Program', to develop agricultural
markets in emerging democracies and to promote cooperation and exchange
of information between agricultural institutions and agribusinesses in
the United States and the Soviet Union, as follows:
"(1) DEVELOPMENT OF AGRICULTURAL SYSTEMS. -- ";
(2) in paragraph (1), by indenting 2 ems the left margin of
subparagraphs (A) and (B) and redesignating such subparagraphs as
clauses (i) and (ii), respectively;
(3) in paragraph (2), by indenting 2 ems the left margin of
subparagraphs (A) and (B) and redesignating such subparagraphs as
clauses (i) and (ii), respectively;
(4) by indenting 2 ems the left margin of paragraphs (1)
through (9) and redesignating such paragraphs as subparagraphs (A)
through (I), respectively;
(5) by striking "subsection" each place it appears and
inserting "paragraph";
(6) by striking "paragraph (1)" each place it appears and
inserting "subparagraph (A)";
(7) by striking "paragraph (2)(A)" each place it appears and
inserting "subparagraph (B)";
(8) by striking "paragraph (2)(B)" each place it appears and
inserting "subparagraph (B)";
(9) in paragraph (1)(B) (as so redesignated) --
(A) by striking "and" at the end of clause (i);
(B) by striking the period at the end of clause (ii) and
inserting "; and"; and
(C) by adding at the end the following new clause:
"(iii) by providing for necessary subsistence expenses in
emerging democracies and necessary transportation expenses of
United States agricultural producers and other individuals
knowledgeable in agricultural and agribusiness matters to assist
in transferring their knowledge and expertise to entities in
emerging democracies.";
(10) in paragraph (1)(I) (as so redesignated), by striking
"$5,000,000" and inserting "$10,000,000"; and
(11) by adding at the end the following new paragraph:
"(2) AGRICULTURAL INFORMATION PROGRAM. --
"(A) ESTABLISHMENT OF PROGRAM. -- The Secretary shall
establish a program, administered to complement the emerging
democracies export promotion program developed under this section,
to initiate and develop collaboration between the United States
Department of Agriculture, United States agribusinesses, and
appropriate agricultural institutions in the Soviet Union in order
to promote the exchange of information and resources that will
make a long-term contribution to the establishment of a free
market food production and distribution system in the Soviet Union
and the enhancement of agricultural trade with the United States.
"(B) IMPLEMENTATION. -- The Secretary shall draw on the
Department of Agriculture's experience to design, implement, and
evaluate, on a cost-sharing basis with cooperating agricultural
institutions, a program to --
"(i) compile, through contacts with the Government of the
Soviet Union and private sector officials in the Soviet Union, a
list of their agricultural institutions, including the location,
capabilities, and needs of the institutions;
"(ii) make such information available through an appropriate
agency of the Department of Agriculture to agribusinesses and
agricultural institutions in the United States and other agencies
of the United States Government; and
"(iii) carry out a program --
"(I) to review available agricultural information resources, to
determine which would be useful for the purposes of this program;
"(II) to arrange for the exchange of persons associated with
such agricultural institutions and agribusinesses with experience
or interest in the areas of need identified in clause (i); and
"(III) to help establish contacts between agricultural
entrepreneurs and businesses in the United States and the Soviet
Union, which may include individuals and entities participating in
the program established under paragraph (1), to facilitate
cooperation and joint enterprises.
"(C) CONSULTATION AND COORDINATION. -- The Secretary shall
consult and coordinate with the Secretary of State and the Agency
for International Development in the formulation and
implementation of this program in conjunction with overall
assistance to the Soviet Union.
"(D) DEFINITION. -- For the purposes of this subsection, the
term 'Soviet Union' means the Soviet Union, its successor
entities, or any of the individual republics of the Soviet Union.
"(E) AUTHORIZATION FOR APPROPRIATIONS. -- There are authorized
to be appropriated such sums as may be necessary to carry out the
program established under this paragraph.".
SEC. 339. CONFORMING AMENDMENT RELATING TO THE ENVIRONMENT FOR THE
AMERICAS BOARD.
Section 610(b)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1738i(b)(1)) is amended --
(1) in subparagraph (A) --
(A) by striking "five" and inserting "six"; and
(B) by inserting ", at least one of whom shall be a
representative of the Department of Agriculture" after
"Government"; and
(2) in subparagraph (B), by striking "four" and inserting
"five".
SEC. 401. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANTS.
(a) SHORT TITLE. -- Subsection (a) of section 2 of Public Law 89-106
(7 U.S.C. 450i) is amended --
(1) by inserting "(1)" before "In order"; and
(2) by adding at the end the following new paragraph:
"(2) SHORT TITLE. -- This section may be cited as the 'Competitive,
Special, and Facilities Research Grant Act'.".
(b) OTHER AMENDMENTS. -- Such section is further amended --
(1) in subsection (b)(10), by striking "and" after "1993,";
(2) in subsection (e) --
(A) by striking "RECORD KEEPING. -- " and inserting
"INTER-REGIONAL RESEARCH PROJECT NUMBER 4. -- ";
(B) in paragraphs (1) and (7), by striking "this section" and
inserting "this subsection";
(C) in paragraphs (2), (3), (4), (5)(C), and (6)(A), by
striking "IR-4 program" and inserting "IR-4 Program";
(D) in paragraph (5)(B) --
(i) by striking "registration," and inserting "registrations,";
and
(ii) by inserting "and" at the end of the subparagraph; and
(E) in paragraph (6) --
(i) by striking "within one year of the date of the enactment
of this paragraph" and inserting "not later than November 28,
1991,"; and
(ii) by inserting a comma after "reregistrations" in the first
sentence;
(3) in subsection (f), by striking "LIMITS ON OVERHEAD COSTS.
-- " and inserting "RECORD KEEPING. -- ";
(4) in subsection (g), by striking "AUTHORIZATION OF
APPROPRIATIONS. -- " and inserting "LIMITS ON OVERHEAD COSTS. --
";
(5) in subsection (h) --
(A) by striking "RULES. -- " and inserting "AUTHORIZATION OF
APPROPRIATIONS. -- ";
(B) by striking "subsection (b) of this section" and inserting
"subsections (b) and (e)"; and
(C) by striking "the provisions of";
(6) in subsection (i) --
(A) by striking "APPLICATION OF OTHER LAWS. -- " and inserting
"RULES. -- ";
(B) by striking "is authorized to" and inserting "may"; and
(C) by striking "the provisions of";
(7) in subsection (j) (as redesignated by section 1497(1) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (104
Stat. 3630)), by inserting "APPLICATION OF OTHER LAWS. -- " after
"(j)"; and
(8) by redesignating subsections (j), (k), and (l) (as inserted
by section 1615(b) of such Act (104 Stat. 3731)) as subsections
(k), (l), and (m), respectively.
SEC. 402. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3101 et seq.) is amended --
(1) in section 1407(e) (7 U.S.C. 3122(e)) by striking the
semicolon at the end of paragraph (7) and inserting a period;
(2) in section 1408 (7 U.S.C. 3123) --
(A) in subsection (e), by striking "government" and inserting
"Government"; and
(B) in subsection (g)(1), by striking "Federally" and inserting
"federally";
(3) in sections 1404(18) and 1408A(a) (7 U.S.C. 3103(18) and
3123a(a)), by inserting "and" after "Science";
(4) in section 1408A(c)(2)(H) (7 U.S.C. 3123a(c)(2)(H)), by
striking "farmerworkers" and inserting "farmworkers";
(5) in section 1412 (7 U.S.C. 3127), by striking "and Advisory
Board" in subsections (b) and (c) and inserting ", Advisory Board,
and Technology Board";
(6) in section 1417(i) (7 U.S.C. 3152(c)), by striking the
second sentence;
(7) in section 1419(b) (7 U.S.C. 3154(b)), by striking
"subsection (c)" and inserting "subsection (d)";
(8) in section 1432 (7 U.S.C. 3194), by striking "SEC. 1432.
(a)";
(9) in section 1446(d)(2) (7 U.S.C. 3222a(d)(2), by striking
"the needs identified" and inserting "the purposes identified";
(10) in section 1446(e) (7 U.S.C. 3222a(e)), by striking
"objective or" and inserting "objective of";
(11) in section 1458(a) (7 U.S.C. 3291(a)), by striking the
period at the end of paragraph (3) and inserting a semicolon;
(12) in section 1463(a) (7 U.S.C. 3311), by striking "subtitle
H and";
(13) in section 1473 (7 U.S.C. 3319), by striking "subsection
(c)(2)" and inserting "subsection (c)(1)(B)"; and
(14) by repealing section 1473E (7 U.S.C. 3319e).
SEC. 403. RURAL DEVELOPMENT AND SMALL FARM RESEARCH AND EDUCATION.
(a) PROGRAMS AUTHORIZED. -- Section 502 of the Rural Development Act
of 1972 (7 U.S.C. 2662) is amended --
(1) in subsection (f) --
(A) by striking the subsection heading and inserting
"COMPETITIVE GRANTS FOR FINANCIALLY STRESSED FARMERS, DISLOCATED
FARMERS, AND RURAL FAMILIES. -- "; and
(B) in paragraph (2), by striking "during the period beginning
on the date of the enactment of this Act and ending on" and
inserting "until"; and
(2) in the subsections following subsection (g) --
(A) by striking "(b) RURAL DEVELOPMENT EXTENSION" and inserting
"(h) RURAL DEVELOPMENT EXTENSION";
(B) by striking "(h) RURAL HEALTH" and inserting "(i) RURAL
HEALTH";
(C) by striking "(h) RESEARCH GRANTS. -- " and inserting "(j)
RESEARCH GRANTS. -- "; and
(D) by arranging such subsections to appear in the proper
order.
(b) DISTRIBUTION OF FUNDS. -- Section 503(c)(1) of that Act (7
U.S.C. 2663(c)(1)) is amended --
(1) by striking "the provisions of section 502(e) of this
title" and inserting "subsections (e) and (i) of section 502";
and
(2) by striking "objectives of section 502(e) of this title"
and
SEC. 404. NATIONAL GENETIC RESOURCES PROGRAM.
(a) IN GENERAL. -- Subtitle C of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat.
3744) is amended --
(1) in the subtitle heading, by striking "Genetics" and
inserting "Genetic"; and
(2) in section 1633(a) (7 U.S.C. 5842(a)), by striking
"Resource program" and inserting "Resources Program".
(b) TABLE OF CONTENTS. -- The item relating to such subtitle section
1(b) of such Act (104 Stat. 3365) is amended to read as follows:
SEC. 405. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION.
(a) PUNCTUATION CORRECTION. -- Section 1658(d) of the Alternative
Research and Commercialization Act of 1990 (7 U.S.C. 5902(d) is amended
--
(1) by striking the period at the end of paragraph (2) and
inserting "; and"; and
(2) by striking "; and at the end of paragraph (3) and
inserting a period.
(b) ESTABLISHMENT OF REGIONAL CENTERS. -- Section 1663(a)(2) of such
Act (7 U.S.C. 5907(a)(2)) is amended by striking "A Regional Center may
not be established or operated" and inserting "No Regional Centers may
be established".
SEC. 406. DEER TICK RESEARCH.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925) is amended --
(1) in subsection (i), by striking "Agricultural Research
Service" and inserting "Secretary of Agriculture, acting through
the Cooperative State Research Service, to make competitive
grants; and
(2) in subsection (k)(1), by striking "Except for research
funded under subsection (i), research" and inserting "Research".
SEC. 407. MISCELLANEOUS RESEARCH PROVISIONS.
Title XVI of the Food, Agriculture, Conservation, and Trade Act of
1990 (Public Law 101-624; 104 Stat. 3703) is amended --
(1) in section 1604(a) (Public Law 101-624; 104 Stat. 3706),
"7 USC 3122" by striking "(7 U.S.C. 3122(a))" and inserting "7
U.S.C. 3122)".
(2) in section 1619(b)(8) (7 U.S.C. 5801(b)(8)), by striking
Marianas Islands" and inserting "Mariana Islands";
(3) in section 1628(c) (7 U.S.C. 5831(c)), by striking
"education" and inserting "educational";
(4) in section 1629(c)(1) (7 U.S.C. 5832(c)(1)), by striking
"insure" and inserting "ensure";
(5) in section 1634(l) (7 U.S.C. 5843(l)), by striking
"committee established" and inserting "council established";
(6) in section 1638(b)(5) (7 U.S.C. 5852(b)(5)), by striking
"National Sciences Foundation" and inserting "National Science
Foundation";
(7) in section 1639(a) (7 U.S.C. 5853(a)), by striking "Act"
and inserting "subtitle";
(8) in section 1652(b)(1) (7 U.S.C. 5883(b)(1)), by striking
"pheremones" and inserting "pheromones";
(9) in section 1668(g)(2) (7 U.S.C. 5921(g)(2)), by striking
"WITHOLDINGS" and inserting "WITHHOLDINGS";
(10) in section 1670(d) (7 U.S.C. 5923(d)), by striking
"acquaculture" and inserting "aquaculture";
(11) in section 1672(c) (7 U.S.C. 5925(c)), by redesignating
paragraphs (A) through (I) as paragraphs (1) through (9),
respectively;
(12) in section 1673(f) (7 U.S.C. 5926(f)), by striking
"programs or" and inserting "programs of";
(13) in section 1674 (7 U.S.C. 5927) --
(A) in subsection (d)(3)(A), by striking "Schedules" and
inserting "Schedule"; and
(B) in subsection (f), by striking "Committee" both places it
appears and inserting "Committees";
(14) in section 1675(c) (7 U.S.C. 5928(c)) --
(A) by striking paragraph (1) and inserting the following new
paragraph:
"(1) ESTABLISHMENT. -- Notwithstanding subsection (g)(1), the
Secretary shall establish not more than four centers."; and
(B) in paragraph (2), by striking "PERIODS AND PREFERENCES. --
Grants" and inserting the following: "OPERATING GRANTS. -- The
Secretary shall make grants to operate the centers established
under paragraph (1). Such grants shall be competitively awarded
based on merit and relevance in reference to meeting the purposes
specified in subsection (a). Such grants";
(15) in section 1677 (7 U.S.C. 5930) --
(A) by striking "Reservation" each place it appears in
subsections (a), (b), and (e) and inserting "reservation";
(B) by striking "Reservations" both places it appears in
subsection (a) and inserting "reservations"; and
(C) by striking "Tribal" in subsection (c) and inserting
"tribal";
(16) in section 1678(d) (7 U.S.C. 5931(d)), by striking
"Teaching, and Extension" and inserting "Extension, and Teaching";
and
(17) in section 1681(a)(2) (7 U.S.C. 5934(a)(2)), by striking
"teacheal mite" and inserting "tracheal mite".
SEC. 408. SUSTAINABLE AGRICULTURE RESEARCH AND EDUCATION.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5814) is amended by striking "and 1623" and inserting
"and 1622".
SEC. 501. AMENDMENTS TO THE CONSOLIDATED FARM AND RURAL DEVELOPMENT
ACT.
(a) AMENDMENTS TO SECTION 304. -- Section 304 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1924) is amended --
(1) by striking subsection (a); and
(2) by redesignating subsection (d) as subsection (a) and
moving such subsection to appear before subsection (b).
(b) AMENDMENT TO SECTION 312(a). -- Section 312(a) of such Act (7
U.S.C. 1942(a)) is amended by striking "systems." and all that follows
and inserting "systems (for purposes of this subtitle, the term 'solar
energy' means energy derived from sources (other than fossil fuels) and
technologies included in the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5901 et seq.), (12) training in
maintaining records of farming and ranching operations for limited
resource borrowers receiving loans under section 310D, and (13)
borroweer training under section 359.".
(c) AMENDMENTS TO SECTION 331. --
(1) DIRECT AMENDMENTS. -- Section 331(b)(4) of such Act (7
U.S.C. 1981(b)(4)) is amended --
(A) by striking "this title"; and
(B) by striking "1949 from" and inserting "1949, from".
(2) INDIRECT AMENDMENTS. --
(A) CLARIFICATION OF REPEAL. -- Section 1805 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (104 Stat. 3819)
"7 USC 1981" is amended by striking subsections (b) and (c) and
inserting the following:
"(b) PAYMENT OF ACCRUED INTEREST. -- Section 331 (7 U.S.C. 1981) is
amended by striking subsection (h) and redesignating subsections (i) and
(j) as subsections (h) and (i), respectively.".
(B) CLARIFICATION OF TECHNICAL CORRECTIONS. -- Section
2388(d)(1) of the Food, Agriculture, Conservation, and Trade Act
of 1990 "7 USC 1981" (104 Stat. 4052) is amended --
(i) by inserting ", as amended by section 1805(b) of this Act,"
before "is amended";
(ii) in clause (i) of subparagraph (A), by striking "(h), and
(i)" and inserting "and (h)";
(iii) by striking clause (iv) and redesignating clauses (v),
(vi), and (vii) of subparagraph (A) as clauses (iv), (v), and
(vi), respectively;
(iv) in clause (iv) of subparagraph (A) (as so redesignated by
clause (iii) of this subparagraph), by striking "(i)" and
inserting "(h)" and
(v) in clause (vi) of subparagraph (A) (as so redesignated by
clause (iii) of this subparagraph --
(I) by striking "(j)" and inserting "(i)"; and
(II) by striking "(10)" and inserting "(9)".
(d) AMENDMENTS TO SECTION 331E. --
(1) IN GENERAL. -- Section 331E of such Act (7 U.S.C. 1981e)
is amended --
(A) by striking "The" and inserting "(a) IN GENERAL. -- The";
and
(B) by adding at the end the following new subsection:
"(b) CALCULATION OF YIELDS. --
"(1) IN GENERAL. -- For purposes of averaging past yields of
the farm of a borrower or applicant over a period of crop years to
calculate future yields for the farm under this title (except for
loans under subtitle C), the Secretary shall permit the borrower
or applicant to exclude the crop yer with the lowest actual or
county average yield for the farm from the calculation, if the
borrower or applicant was affected by a disaster during at least 2
of the crop years during the period.
"(2) AFFECTED BY A DISASTER. -- For purposes of paragraph (1),
a borrower or applicant was affected by a disaster if the
Secretary finds that the borrower or applicant's farming
operations have been substantially affected by a natural disaster
in the United States or by a major disaster or emergency
designated by the President under the Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), including a
borrower or applicant who has a qualifying loss but is not located
in a designated or declared disaster area.
"(3) APPLICATION OF SUBSECTION. -- Paragraph (1) shall apply
to all actions taken by the Secretary to carry out this title
(except for loans under subtitle C) that involve the yields of a
farm of a borrower or applicant, including making loans and loan
guarantees, servicing loans, and making credit sales.".
(2) "7 USC 1981e note" REGULATIONS. --
(A) INTERIM REGULATIONS. -- Notwithstanding section 553 of
title 5, United States Code, as soon as practicable after the date
of enactment of this Act and without a requirement for prior
public notice and comment, the Secretary of Agriculture shall
issue interim regulations that provide for the implementation of
the amendment made by paragraph (1) beginning in crop year 1992.
(B) FINAL REGULATIONS. -- The Secretary of Agriculture shall
provide for public notice and comment before the issuance of final
regulations to implement the amendment made by paragraph (1).
(3) "7 USC 1981e note" EFFECTIVE DATE. --
(A) IN GENERAL. -- Except as provided in subparagraph (B), the
amendment made by paragraph (1) shall become effective on the date
of publication of the interim regulations issued pursuant to
paragraph (2)(A).
(B) EXCEPTION. -- The amendment made by paragraph (1) shall
apply to each primary loan servicing application submitted on or
after the date of enactment of this Act.
(e) AMENDMENTS TO SECTION 333(2)(A). -- Section 333(2)(A) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1983(2)(A)) is
amended by redesignating clauses (1), (2), and (3), as clauses (i),
(ii), and (iii), respectively.
(f) AMENDMENTS TO SECTION 335(e)(1). -- Section 335(e)(1) of such
Act (7 U.S.C. 1985(e)(1)) is amended --
(1) in subparagraph (A)(i), by striking "the borrower" and all
that follows through "the 'borrower-owner')" and inserting
"borrower-owner (as defined in subparagraph (F)"; and
(2) by adding at the end the following new subparagraph:
"(F) As used in this paragraph, the term 'borrower-owner' means --
"(i) a borrower from whom the Secretary acquired real farm or
ranch property (including the principal residence of the borrower)
used to secure any loan made to the borrower under this title; or
"(ii) in any case in which an owner of property pledged the
property to secure the loan and the owner is different than the
borrower, the owner.".
(g) AMENDMENTS TO SECTION 352. -- Section 352 of such Act (7 U.S.C.
2000) is amended --
(1) in subsection (a) --
(A) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
"(2) The term 'borrower-owner' means --
"(A) a borrower of a loan made or insured by the Secretary or
the Administrator who meets the eligibility requirements of
subsection (c)(1); or
"(B) in any case in which an owner of homestead property
pledged the property to secure the loan and the owner is different
than the borrower, the owner."; and
(2) by striking "borrower" each place it appears and inserting
"borrower-owner".
(h) AMENDMENTS TO SECTION 353. -- Section 353 of such Act (7 U.S.C.
2001) is amended --
(1) in subsection (c)(6)(A)(ii), by striking "the date of
enactment of this paragraph" and inserting "November 28, 1990";
and
(2) in subsection (m), by striking "335(e)(1)(A)" and inserting
"335(e)(1)".
(i) AMENDMENTS TO SECTION 363. -- Section 363 of such Act (7 U.S.C.
2006e) is amended --
(1) by striking "3801(a)(16))" and inserting "3801(a)(16)))";
and
(2) by striking "prior to the date of enactment of this
section" and inserting "before November 28, 1990".
SEC. 502. AMENDMENTS TO THE FARM CREDIT ACT OF 1971.
(a) AMENDMENTS TO SECTION 1.11(a). -- Section 1.11(a) of the Farm
Credit Act of 1971 (12 U.S.C. 2019(a)) is amended --
(1) by striking "(a) Agricultural or Aquatic Purposes" and
inserting the following:
"(a) AGRICULTURAL OR AQUATIC PURPOSES";
(2) by striking "(1) In general" and inserting the following:
"(1) IN GENERAL"; and
(3) by striking "(2) Limitation on loans for basic processing
and marketing operations" and inserting the following:
"(2) LIMITATION ON LOANS FOR BASIC PROCESSING AND MARKETING
OPERATIONS".
(b) AMENDMENT TO SECTION 2.0(b)(8). -- Section 2.0(b)(8) of such Act
(12 U.S.C. 2071(b)(8)) is amended by striking "charter to" and inserting
"charter, to".
(c) AMENDMENT TO SECTION 2.1. -- Section 2.1 of such Act (12 U.S.C.
2072) is amended by striking "or stockholder" and inserting
"stockholder, or agent".
(d) AMENDMENT TO SECTION 2.11. -- Section 2.11 of such Act (12
U.S.C. 2092) is amended by striking "or stockholder" and inserting
"stockholder, or agent".
(e) AMENDMENT TO SECTION 3.7(b). --
(1) IN GENERAL. -- Section 3.7(b) of such Act (12 U.S.C.
2128(b)) is amended --
(A) by inserting "(1)" after the subsection designation;
(B) by striking "(1) a domestic" and inserting "(A) a
domestic";
(C) by inserting "or products thereof" after "commodities";
(D) by striking "(2) a domestic" and inserting "(B) a
domestic";
(E) by striking "clause (1) of this subsection" and inserting
"subparagraph (A)"; and
(F) by adding at the end the following new paragraphs:
"(2) A bank for cooperatives is authorized to make or participate in
loans and commitments, and to extend other technical and financial
assistance, to any domestic or foreign entity that is eligible for a
guarantee or insurance as described in subparagraphs (A) and (B) with
respect to transactions involving the Soviet Union) (its successor
engigies or any of the individual republics of the Soviet Union) or an
emerging democracy (as defined in section 1542(f) of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 56522 note))
for the export of agricultural commodities and products thereof from the
United States, including (where applicable) the cost of freight, if in
each case --
"(A) the loan involved is unconditionally guaranteed or insured
by a department, agency, bureau, board, commission, or
establishment of the United States or any corporation wholly owned
directly or indirectly by the United States; and
"(B) the guarantee or insurance --
"(i) covers at least 95 percent of the amount loaned for the
purchase of the commodities or products; and
"(ii) is issued on or before September 30, 1995.
"(3) A bank for cooperatives is authorized to provide such services
as may be customary and normal in maintaining relationships with
domestic or foreign entities to facilitate the activities specified in
paragraphs (1) and (2), consistent with this Act.".
(2) CONFORMING AMENDMENT. -- Section 3.8(b)(1)(D) of such Act
(12 U.S.C. 2129(b)(1)(D)) is amended by striking "section 3.7(f)"
and inserting "subsection (b) or (f) of section 3.7".
(f) AMENDMENTS TO SECTION 3.8. -- Section 3.8 of such Act (12 U.S.C.
2129) is amended --
(1) in subsection (a)(4), by striking "(4) A" and inserting
"(4) a"; and
(2) in subsection (b)(1), by moving subparagraph (D) 2 ems to
the right so that the left margin of such subparagraph is aligned
with the left margin of subparagraph (C).
(g) AMENDMENT TO SECTION 4.28. -- Section 4.28 of such Act (12
U.S.C. 2214) is amended by striking "2.17" and inserting "2.16".
(h) AMENDMENT TO SECTION 5.17(a)(8)(B)(ii). -- Section
5.17(a)(8)(B)(ii) of such Act (12 U.S.C. 2252(a)(8)(B)(ii)) is amended
by striking the last period.
(i) AMENDMENT TO SECTION 5.35(3). -- Section 5.35(3) of such Act (12
U.S.C. 2271(3)) is amended by striking "D" and inserting "E".
(j) AMENDMENT TO SECTION 5.58(4)(B). -- Section 5.58(4)(B) of such
Act (12 U.S.C. 2277a-7(4)(B)) is amended by inserting after "and the
Corporation," the following: "in any capacity,".
(k) AMENDMENT TO SECTION 5.65(d)(1). -- Section 5.65(d)(1) of such
Act (12 U.S.C. 2277a-14(d)(1)) is amended by striking "insured".
(l) AMENDMENTS TO SECTION 6.2(d). -- Section 6.2(d) of such Act (12
U.S.C. 2278a-2(d)) is amended by striking "subchapter 1" each place such
term appears and inserting "subchapter I".
(m) AMENDMENTS TO SECTION 6.23. -- Section 6.23 of such Act (12
U.S.C. 2278b-3) is amended by inserting before the period at the end the
following: ", except in the event of a restructuring or liquidation to
a successor System institution".
(n) AMENDMENT TO SECTION 7.11(a)(2). -- Section 7.11(a)(2) of such
Act (12 U.S.C. 2279e(a)(2)) is amended by striking "30 days" and
inserting "60 days".
SEC. 503. FEDERAL AGRICULTURAL MORTGAGE CORPORATION.
(a) SUPERVISION AND OVERSIGHT. -- Section 8.11 of the Farm Credit
Act of 1971 (12 U.S.C. 2279aa-11) is amended --
(1) by amending paragraph (1) of subsection (a) to read as
follows:
"(1) AUTHORITY. -- Notwithstanding any other provision of this
Act, the Farm Credit Administration shall have the authority to
provide, acting through the Office of Secondary Market Oversight
--
"(A) for the examination of the Corporation and its affiliates;
and
"(B) for the general supervision of the safe and sound
performance of the powers, functions, and duties vested in the
Corporation and its affiliates by this title, including through
the use of the authorities granted to the Farm Credit
Administration under --
"(i) part C of title V; and
"(ii) beginning 6 months after the date of enactment of this
section, section 5.17(a)(9).";
(2) by adding at the end of subsection (a) the following new
paragraph:
"(3) OFFICE OF SECONDARY MARKET OVERSIGHT. --
"(A) Not later than 180 days after the date of enactment of
this paragraph, the Farm Credit Administration Board shall
establish within the Farm Credit Administration the Office of
Secondary Market Oversight.
"(B) The Farm Credit Administration Board shall carry out the
authority set forth in this section through the Office of
Secondary Market Oversight.
"(C) The Office of Secondary Market Oversight shall be managed
by a full-time Director who shall be selected by and report to the
Farm Credit Administration Board."; and
(3) by adding at the end thereof the following new subsection:
"(f) The Farm Credit Administration Board shall ensure that --
"(1) the Office of Secondary Market Oversight has access to a
sufficient number of qualified and trained employees to adequately
supervise the secondary market activities of the Corporation; and
"(2) the supervision of the powers, functions, and duties of
the Corporation is performed, to the extent practicable, by
personnel who are not responsible for the supervision of the banks
and associations of the Farm Credit System.".
(b) REGULATION OF FINANCIAL SAFETY AND SOUNDNESS. -- Title VII of
the Farm Credit Act of 1971 (12 U.S.C. 2279aa et seq.) is amended --
(1) by inserting after section 8.0 the following:
(2) by inserting after section 8.14 the following new subtitle:
"SEC. 8.31. "12 USC 2279bb" DEFINITIONS.
"For purposes of this subtitle:
"(1) COMPENSATION. -- The term 'compensation' means any
payment of money or the provision of any other thing of current or
potential value in connection with employment.
"(2) CORE CAPITAL. -- The term 'core capital' means, with
respect to the Corporation, the sum of the following (as
determined in accordance with generally accepted accounting
principles):
"(A) The par value of outstanding common stock.
"(B) The par value of oustanding preferred stock.
"(C) Paid-in capital.
"(D) Retained earnings.
"(3) DIRECTOR. -- The term 'Director' means the Director of
the Office of Secondary Market Oversight of the Farm Credit
Administration, selected under section 8.11(a)(3).
"(4) OFFICE. -- The term 'Office' means the Office of
Secondary Market Oversight of the Farm Credit Administration,
established in section 8.11(a).
"(5) REGULATORY CAPITAL. -- The term 'regulatory capital'
means, with respect to the Corporation, the core capital of the
Corporation plus an allowance for losses and guarantee claims, as
determined in accordance with generally accepted accounting
principles.
"(6) STATE. -- The term 'State' means the States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, Guam, the Virgin
Islands, American Samoa, the Trust Territory of the Pacific
Islands, and any other territory or possession of the United
States.
"SEC. 8.32. "12 USC 2279bb-1" RISK-BASED CAPITAL LEVELS.
"(a) RISK-BASED CAPITAL TEST. -- Not later than the expiration of
the 2-year period beginning on the date of the enactment of this
section, the Director of the Office of Secondary Market Oversight shall,
by regulation, establish a risk-based capital test under this section
for the Corporation. When applied to the Corporation, the risk-based
capital test shall determine the amount of regulatory capital for the
Corporation that is sufficient for the Corporation to maintain positive
capital during a 10-year period in which both of the following
circumstances occur:
"(1) CREDIT RISK. -- With respect to securities representing
an interest in, or obligations backed by, a pool of qualified
loans owned or guaranteed by the Corporation and other obligations
of the Corporation, losses on the underlying qualified loans occur
throughout the United States at a rate of default and severity
(based on any measurements of default reasonably related to
prevailing industry practice in determining capital adequacy)
reasonably related to the rate and severity that occurred in
contiguous areas of the United States containing an aggregate of
not less than 5 percent of the total population of the United
States that, for a period of not less than 2 years (as established
by the Director), experienced the highest rates of default and
severity of agricultural mortgage losses, in comparison with such
rates of default and severity of agricultural mortgage losses in
other such areas for any period of such duration, as determined by
the Director.
"(2) INTEREST RATE RISK. -- Interest rates on Treasury
obligations of varying terms increase or decrease over the first
12 months of such 10-year period by not more than the lesser of
(A) 50 percent (with respect to the average interest rates on such
obligations during the 12-month period preceding the 10-year
period), or (B) 600 basis points, and remain at such level for the
remainder of the period. This paragraph may not be construed to
require the Director to determine interest rate risk under this
paragraph based on the interest rates for various long-term and
short-term obligations all increasing or all decreasing
concurrently.
"(b) CONSIDERATIONS. --
"(1) ESTABLISHMENT OF TEST. -- In establishing the risk-based
capital test under subsection (a) --
"(A) the Director shall take into account appropriate
distinctions based on various types of agricultural mortgage
products, varying terms of Treasury obligations, and any other
factors the Director considers appropriate;
"(B) the Director shall conform loan data used in determining
credit risk to the minimum geographic and commodity
diversification standards applicable to pools of qualified loans
eligible for guarantee;
"(C) the Director shall take into account retained subordinated
participating interests under section 8.6(b)(2);
"(D) the Director may take into account other methods or tests
to determine credit risk developed by the Corporation before the
date of the enactment of this section; and
"(E) the Director shall consider any other information
submitted by the Corporation in writing during the 180-day period
beginning on the date of the enactment of such Act.
"(2) REVISING TEST. -- Upon the expiration of the 5-year
period beginning on the date of the enactment of this section, the
Director shall examine the risk-based capital test under
subsection (a) and may revise the test. In making examinations
and revisions under this paragraph, the Director shall take into
account that, before the date of the enactment of this section,
the Corporation has not issued guarantees for pools of qualified
loans. To the extent that the revision of the risk-based capital
test causes a change in the classification of the Corporation
within the enforcement levels established under section 8.35, the
Director shall waive the applicability of any additional
enforcement actions available because of such change for a
reasonable period of time, to permit the Corporation to increase
the amount of regulatory capital of the Corporation accordingly.
"(c) RISK-BASED CAPITAL LEVEL. -- For purposes of this subtitle, the
risk-based capital level for the Corporation shall be equal to the sum
of the following amounts:
"(1) CREDIT AND INTEREST RATE RISK. -- The amount of
regulatory capital determined by applying the risk-based capital
test under subsection (a) to the Corporation, adjusted to account
for foreign exchange risk.
"(2) MANAGEMENT AND OPERATIONS RISK. -- To provide for
management and operations risk, 30 percent of the amount of
regulatory capital determined by applying the risk-based capital
test under subsection (a) to the Corporation.
"(d) SPECIFIED CONTENTS. -- The regulations establishing the
risk-based capital test under this section shall contain specific
requirements, definitions, methods, variables, and parameters used under
the risk-based capital test and in implementing the test (such as loan
loss severity, float income, loan-to-value ratios, taxes, yield curve
slopes, default experience, prepayment rates, and performance of pools
of qualified loans). The regulations shall be sufficiently specific to
permit an individual other than the Director to apply the test in the
same manner as the Director.
"(e) AVAILABILITY OF MODEL. -- The Director shall make copies of the
statistical model or models used to implement the risk-based capital
test under this section available for public acquisition and may charge
a reasonable fee for such copies.
"SEC. 8.33. "12 USC 2279bb-2" MINIMUM CAPITAL LEVEL.
"(a) IN GENERAL. -- Except as provided in subsection (b), for
purposes of this subtitle, the minimum capital level for the Corporation
shall be an amount of core capital equal to the sum of --
"(1) 2.50 percent of the aggregate on-balance sheet assets of
the Corporation (other than assets referred to in paragraph (3)),
as determined in accordance with generally accepted accounting
principles;
"(2) 0.45 percent of the unpaid principal balance of
outstanding securities guaranteed by the Corporation and backed by
pools of qualified loans and substantially equivalent instruments
or guaranteed by the Corporation, and other off-balance
obligations of the Corporation; and
"(3) the percentage of the aggregate assets of the Corporation
acquired pursuant to the linked portfolio option under section
8.6(g) that is determined under subsection (c).
"(b) 18-MONTH TRANSITION. -- During the 18-month period beginning
upon the date of the enactment of this section, for purposes of this
subtitle, the minimum capital level for the Corporation shall be an
amount of core capital equal to the sum of --
"(1) 1.50 percent of the aggregate on-balance sheet assets of
the Corporation (other than assets referred to in paragraph
(3)), as determined in accordance with generally accepted accounting
principles;
"(2) 0.40 percent of the unpaid principal balance of
outstanding securities guaranteed by the Corporation and backed by
pools of qualified loans and substantially equivalent instruments
issued or guaranteed by the Corporation, and other off-balance
sheet obligations of the Corporation; and
"(3) the percentage of the aggregate assets of the Corporation
acquired pursuant to the linked portfolio option under section
8.6(g) that is determined under subsection (c).
"(c) LINKED PORTFOLIO ASSETS. -- The percentage of any aggregate
assets of the Corporation acquired pursuant to the linked portfolio
option under section 8.6(g) that is referred to in subsections (a)(3)
and (b)(3) of this section (and in section 8.34(3)(A)) shall be --
"(1) during the 5-year period beginning on the date of the
enactment of this section --
"(A) 0.45 percent of any such assets not exceeding
$1,000,000,000;
"(B) 0.75 percent of any such assets in excess of
$1,000,000,000 but not exceeding $2,000,000,000;
"(C) 1.00 percent of any such assets in excess of
$2,000,000,000 but not exceeding $3,000,000,000;
"(D) 1.25 percent of any such assets in excess of
$3,000,000,000 but not exceeding $4,000,000,000;
"(E) 1.50 percent of any such assets in excess of
$4,000,000,000 but not exceeding $5,000,000,000; and
"(F) 2.50 percent of any such assets in excess of
$5,000,000,000; and
"(2) after the expiration of such 5-year period, 2.50 percent
of any such aggregate assets.
"SEC. 8.34. "12 USC 2279bb-3" CRITICAL CAPITAL LEVEL.
"For purposes of this subtitle, the critical capital level for the
Corporation shall be an amount of core capital equal to the sum of --
"(1) 1.25 percent of the aggregate on-balance sheet assets of
the Corporation (other than assets referred to in paragraph (3)),
as determined in accordance with generally accepted accounting
principles;
"(2) 0.25 percent of the unpaid principal balance of
outstanding securities guaranteed by the Corporation and backed by
pools of qualified loans and substantially equivalentB instruments
issued or guaranteed by the Corporation, and other off-balance
sheet obligations of the Corporation; and
"(3) a percentage of any aggregate assets of the Corporation
acquired pursuant to the linked portfolio option under section
8.6(g), which shall be --
"(A) during the 5-year period beginning on the date of the
enactment of this section, one-half of the percentage that is
determined under section 8.33(c)(1); and
"(B) after the expiration of such 5-year period, 1.25 percent
of any such aggregate assets.
"SEC. 8.35. "12 USC 2279bb-4" ENFORCEMENT LEVELS.
"(a) IN GENERAL. -- The Director shall classify the Corporation, for
purposes of this subtitle, according to the following enforcement
levels:
"(1) LEVEL I. -- The Corporation shall be classified as within
level I if the Corporation --
"(A) maintains an amount of regulatory capital that is equal to
or exceeds the risk-based capital level established under section
8.32; and
"(B) equals or exceeds the minimum capital level established
under section 8.33.
"(2) LEVEL II. -- The Corporation shall be classified as
within level II if --
"(A) the Corporation --
"(i) maintains an amount of regulatory capital that is less
than the risk-based capital level; and
"(ii) equals or exceeds the minimum capital level; or
"(B) the Corporation is otherwise classified as within level II
under subsection (b) of this section.
"(3) LEVEL III. -- The Corporation shall be classified as
within level III if --
"(A) the Corporation --
"(i) does not equal or exceed the minimum capital level; and
"(ii) equals or exceeds the critical capital level established
under section 8.34; or
"(B) the Corporation is otherwise classified as within level
III under subsection (b) of this section.
"(4) LEVEL IV. -- The Corporation shall be classified as
within level IV if the Corporation --
"(A) does not equal or exceed the critical capital level; or
"(B) is otherwise classified as within level IV under
subsection (b) of this section.
"(b) DISCRETIONARY CLASSIFICATION. -- If at any time the Director
determines in writing (and provides written notification to the
Corporation and the Farm Credit Administration) that the Corporation is
taking any action not approved by the Director that could result in a
rapid depletion of core capital or that the value of the property
subject to mortgages securitized by the Corporation or property
underlying securities guaranteed by the Corporation, has decreased
significantly, the Director may classify the Corporation --
"(1) as within level II, if the Corporation is otherwise within
level I;
"(2) as within level III, if the Corporation is otherwise
within level II; or
"(3) as within level IV, if the Corporation is otherwise within
level III.
"(c) QUARTERLY DETERMINATION. -- The Director shall determine the
classification of the Corporation for purposes of this subtitle on not
less than a quarterly basis (and as appropriate under subsection (b)).
The first such determination shall be made for the quarter ending March
31, 1992.
"(d) NOTICE. -- Upon determining under subsection (b) or (c) that
the Corporation is within level II or III, the Director shall provide
written notice to the Congress and to the Corporation --
"(1) that the Corporation is within such level;
"(2) that the Corporation is subject to the provisions of
section 8.36 or 8.37, as applicable; and
"(3) stating the reasons for the classification of the
Corporation within such level.
"(e) IMPLEMENTATION. -- Notwithstanding paragraphs (1) and (2) of
subsection (a), during the 30-month period beginning on the date of the
enactment of this section, the Corporation shall be classified as within
level I if the Corporation equals or exceeds the minimum capital level
established under section 8.33.
"SEC. 8.36. "12 USC 2279bb-5" MANDATORY ACTIONS APPLICABLE TO LEVEL
II.
"(a) CAPITAL RESTORATION PLAN. -- If the Corporation is classified
as within level II, the Corporation shall, within the time period
determined by the Director, submit to the Director a capital restoration
plan and, after approval, carry out the plan.
"(b) RESTRICTION ON DIVIDENDS. -- If the Corporation is classified
as within level II, the Corporation may not make any payment of
dividends that would result in the Corporation being reclassified as
within level III or IV.
"(c) RECLASSIFICATION FROM LEVEL II TO LEVEL III. -- The Director
shall immediately reclassify the Corporation as within level III (and
the Corporation shall be subject to the provisions of section 8.37), if
--
"(1) the Corporation is within level II; and
"(2)(A) the Corporation does not submit a capital restoration
plan that is approved by the Director; or
"(B) the Director determines that the Corporation has failed to
make, in good faith, reasonable efforts necessary to comply with
such a capital restoration plan and fulfill the schedule for the
plan approved by the Director.
"(d) EFFECTIVE DATE. -- This section shall take effect upon the
expiration of the 30-month period beginning on the date of the enactment
of this section.
"SEC. 8.37. "12 USC 2279bb-6" SUPERVISORY ACTIONS APPLICABLE TO
LEVEL III.
"(a) MANDATORY SUPERVISORY ACTIONS. --
"(1) CAPITAL RESTORATION PLAN. -- If the Corporation is
classified as within level III, the Corporation shall, within the
time period determined by the Director, submit to the Director a
capital restoration plan and, after approval, carry out the plan.
"(2) RESTRICTIONS ON DIVIDENDS. --
"(A) PRIOR APPROVAL. -- If the Corporation is classified as
within level III, the Corporation --
"(i) may not make any payment of dividends that would result in
the Corporation being reclassified as within level IV; and
"(ii) may make any other payment of dividends only if the
Director approves the payment before the payment.
"(B) STANDARD FOR APPROVAL. -- If the Corporation is
classified as within level III, the Director may approve a payment
of dividends by the Corporation only if the Director determines
that the payment (i) will enhance the ability of the Corporation
to meet the risk-based capital level and the minimum capital level
promptly, (ii) will contribute to the long-term safety and
soundness of the Corporation, or (iii) is otherwise in the public
interest.
"(3) RECLASSIFICATION FROM LEVEL III TO LEVEL IV. -- The
Director shall immediately reclassify the Corporation as within
level IV if --
"(A) the Corporation is classified as within level III; and
"(B)(i) the Corporation does not submit a capital restoration
plan that is approved by the Director; or
"(ii) the Director determines that the Corporation has failed
to make, in good faith, reasonable efforts necessary to comply
with such a capital restoration plan and fulfill the schedule for
the plan approved by the Director.
"(b) DISCRETIONARY SUPERVISORY ACTIONS. -- In addition to any other
actions taken by the Director (including actions under subsection (a)),
the Director may, at any time, take any of the following actions if the
Corporation is classified as within level III:
"(1) LIMITATION ON INCREASE IN OBLIGATIONS. -- Limit any
increase in, or order the reduction of, any obligations of the
Corporation, including off-balance sheet obligations.
"(2) LIMITATION ON GROWTH. -- Limit or prohibit the growth of
the assets of the Corporation or require contraction of the assets
of the Corporation.
"(3) PROHIBITION ON DIVIDENDS. -- Prohibit the Corporation
from making any payment of dividends.
"(4) ACQUISITION OF NEW CAPITAL. -- Require the Corporation to
acquire new capital in any form and in any amount sufficient to
provide for the reclassification of the Corporation as within
level II.
"(5) RESTRICTION OF ACTIVITIES. -- Require the Corporation to
terminate, reduce, or modify any activity that the Director
determines creates excessive risk to the Corporation.
"(6) CONSERVATORSHIP. -- Appoint a conservator for the
Corporation consistent with this Act.
"(c) EFFECTIVE DATE. -- This section shall take effect on January 1,
1992.".
(c) AMENDMENT TO SECTION 8.3(c). -- Section 8.3(c) of such Act (12
U.S.C. 2279aa-3(c)) is amended --
(1) by redesignating paragraph (13) as paragraph (14); and
(2) by inserting after paragraph (12) the following new
paragraph:
"(13) To establish, acquire, and maintain affiliates (as such
term is defined in section 8.11(g)) under applicable State laws to
carry out any activities that otherwise would be performed
directly by the Corporation under this title.".
(d) AMENDMENT TO SECTION 8.6. -- Section 8.6 of such Act (12 U.S.C.
2279aa-6" is amended by adding at the end the following new subsection:
"(g) PURCHASE OF GUARANTEED SECURITIES. --
"(1) PURCHASE AUTHORITY. -- The Corporation (and affiliates)
may purchase, hold, and sell any securities guaranteed under this
section by the Corporation that represent interests in, or
obligations backed by, pools of qualified loans. Securities
issued under this section shall have maturities and bear rates of
interest as determined by the Corporation.
"(2) ISSUANCE OF DEBT OBLIGATIONS. -- The Corporation (and
affiliates) may issue debt obligations solely for the purpose of
obtaining amounts for the purchase of any securities under
paragraph (1), for the purchase of qualified loans (as defined in
section 8.0(9)(B)), and for maintaining reasonable amounts for
business operations (including adequate liquidity) relating to
activities under this subsection.
"(3) TERMS AND LIMITATIONS. --
"(A) TERMS. -- The obligations issued under this subsection
shall have maturities and bear rates of interest as determined by
the Corporation, and may be redeemable at the option of the
Corporation before maturity in the manner stipulated in the
obligations.
"(B) REQUIREMENT. -- Each obligation shall clearly indicate
that the obligation is not an obligation of, and is not guaranteed
as to principal and interest by, the Farm Credit Administration,
the United States, or any other agency or instrumentality of the
United States (other than the Corporation).
"(C) AUTHORITY. -- The Corporation may not issue obligations
pursuant to paragraph (2) under this subsection while any
obligation issued by the Corporation under section 8.13(a) remains
outstanding.".
SEC. 601. FEDERAL CROP INSURANCE.
The Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) is amended --
(1) in section 506(d) (7 U.S.C. 1506(d)) --
(A) by striking "section 508(c)" and inserting "section
508(f)"; and
(B) by striking the semicolon at the end and inserting a
period;
(2) in section 506(m) (7 U.S.C. 1506(m)) --
(A) by striking "wilfully" and inserting "willfully"; and
(B) by striking "to" after "exceed";
(3) in section 507(c)(2) (7 U.S.C. 1507(c)(2)), by inserting a
comma after "private insurance companies";
(4) in section 508(a) (7 U.S.C. 1508(a)), by striking "(1)";
(5) in section 508 (7 U.S.C. 1508), by redesignating
subsections (l), (m), and (n) as subsections (k), (l), and (m),
respectively; and
(6) in section 518 (7 U.S.C. 1518) by striking "subsection (a)
or (i)" and inserting "subsection (a) or (k)".
SEC. 602. DISASTER RELIEF.
(a) 1989 ACT. -- Section 104(d)(1) of the Disaster Assistance Act of
1989 (7 U.S.C. 1421 note) is amended by inserting "(A)" after the
paragraph heading.
(b) 1988 ACT. -- Section 301(b) of the Disaster Assistance Act of
1988 (7 U.S.C. 1464 note) (as amended by section 1541 of the Food,
Agriculture, Conservation, and Trade Act of 1990) is amended --
(1) in the subsection heading, by striking "SUNFLOWER SEED" and
inserting "SUNFLOWERSEED"; and
(2) in paragraph (2)(A) --
(A) by inserting a comma after "(7 U.S.C. 612c)" in clause (i);
(B) by striking "such Act" in clause (i) and inserting "such
section"; and
(C) by striking "sunflower seed" in clause (iv) and inserting
"sunflowerseed".
(c) CLARIFICATION OF AMENDMENT. -- Section 2232(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-510;
"7 USC 1421 note" 104 Stat. 3959) is amended --
(1) by striking "is amended to read:" and inserting "is amended
by striking the material before the clauses and inserting the
following:";
(2) by inserting open double quotes before "(A)"; and
(3) by moving the left margin of subparagraph (A) 2 ems to the
right.
SEC. 701. AMENDMENTS TO THE CONSOLIDATED FARM AND RURAL DEVELOPMENT
ACT.
(a) AMENDMENTS TO SECTION 306(a). -- Section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is
amended --
(1) in paragraph (11)(B)(ii) --
(A) in subclause (I), by inserting "and" after the semicolon;
and
(B) in subclause (II), by striking "; and" and inserting a
period; and
(2) by striking paragraph (21).
(b) AMENDMENTS TO SECTION 306C(a)(2). -- Subparagraphs (A) and (B)
of section 306C(a)(2) of such Act (7 U.S.C. 1926c(a)(2)(A) and (B)) are
each amended by moving the left margin of such subparagraphs 2 ems to
the right.
(c) AMENDMENTS TO SECTION 310B. -- Section 310B of such Act (7
U.S.C. 1932) is amended --
(1) in subsection (i)(2)(B)(iv), by striking "(ii) of this
subsection" and inserting "(iii) of this subparagraph";
(2) in subsection (i)(5)(A), by striking "365(b)(3)," and
inserting "365(b)(3)),";
(3) by transferring to the end of such section the provision
added by section 2386 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (104 Stat. 4051);
(4) by redesignating the provision so transferred as subsection
(j); and
(5) in subsection (j) (as so redesignated), by striking "The
Secretary" and inserting "GRANTS TO BROADCASTING SYSTEMS. -- The
Secretary.
(d) AMENDMENTS TO SECTION 364(e). -- Section 364(e) of such Act (7
U.S.C. 2006f(e)) is amended --
(1) in paragraph (2), by striking "the date of enactment of
this section" and inserting "November 28, 1990"; and
(2) in paragraph (3), by striking "the date of enactment of
this section" and inserting "November 28, 1990,".
(e) AMENDMENTS TO SECTION 365(b). -- Section 365(b) of such Act (7
U.S.C. 2008(b)) is amended --
(1) in paragraph (4)(A), by striking "(3)(C)" and inserting
"(3)(A)(iii)"; and
(2) in paragraph (5), by striking "(3)(B)" and inserting
"(3)(A)(ii)".
(f) AMENDMENT TO SECTION 366(h). -- Section 366(h) of such Act (7
U.S.C. 2008a(h)) is amended by striking "of such officer" and inserting
"of such officer's".
(g) AMENDMENT TO SECTION 367(b)(1). -- Section 367(b)(1) of such Act
(7 U.S.C. 2008b(b)(1)) is amended by striking "365(b)(6)" and inserting
"366(b)(6)".
(h) MISCELLANEOUS AMENDMENTS. --
(1) IDENTICAL AMENDMENTS. -- Each of the following provisions
of such Act is amended by striking "this Act" each place such term
appears and inserting "this title":
(A) Section 306(a)(12)(D) (7 U.S.C. 1926(a)(12)(D)).
(B) Section 306(a)(20) (7 U.S.C. 1926(a)(20)).
(C) Section 310B(d)(5) (7 U.S.C. 1932(d)(5)).
(D) Section 310B(d)(7) (7 U.S.C. 1932(d)(7)).
(E) Section 331(b)(3) (7 U.S.C. 1981(b)(3)).
(F) Section 346(b)(3)(C) (7 U.S.C. 1994(b)(3)(C)).
(2) OTHER MISCELLANEOUS AMENDMENT. -- Section 352(b)(3) of
such Act (7 U.S.C. 2000(b)(3)) is amended by striking "be".
SEC. 702. AMENDMENTS TO THE FOOD, AGRICULTURE, CONSERVATION, AND
TRADE ACT OF 1990.
(a) AMENDMENT TO SECTION 2302(b)(1). -- Section 2302(b)(1) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2006f
note) is amended by striking "the date of enactment of this section" and
inserting "November 28, 1990".
(b) AMENDMENTS TO SECTION 2311. -- Section 2311 of such Act (7
U.S.C. 2007a) is amended --
(1) in paragraph (2)(A)(ii) --
(A) by striking "4(b)" and inserting "4(e)";
(B) by striking "the section 4(c)" and inserting "section
4(l)"; and
(C) by striking "450b(c)))" and inserting "450b(l)))"; and
(2) in paragraph (4), by striking "this Act" and inserting
"this chapter".
(c) AMENDMENTS TO SECTION 2313. -- Section 2313 of such Act (7
U.S.C. 2007c) is amended --
(1) in subsection (a)(2), by striking "Fund established under
paragraph (1)" and inserting "Rural Business Investment Fund";
(2) in subsection (b)(1), by striking "fund established by
subsection (a)" and inserting "Rural Business Investment Fund";
and
(3) in subsection (c)(6), by inserting "Business Investment"
before "Fund".
(d) AMENDMENT TO SECTION 2314(a)(1)(A)(i). -- Section
2314(a)(1)(A)(i) of such Act (7 U.S.C. 2007d(a)(1)(A)(i)) is amended by
striking "from the Fund under this chapter" and inserting "under this
chapter from the Rural Business Investment Fund".
(e) AMENDMENT TO SECTION 2315(d)(2). -- Section 2315(d)(2) of such
Act (7 U.S.C. 2007e(d)(2)) is amended by striking "engage in conduct,
in".
(f) AMENDMENTS TO SECTION 2322. -- Section 2322 of such Act (7
U.S.C. 1926-1) is amended --
(1) in subsection (d)(1)(B) --
(A) by striking "section 306(a)(9) and 306(a)(10)" and
inserting "paragraphs (9) and (10) of section 306(a)"; and
(B) by striking "sections 306(a)(19)(A) and (B)" and inserting
"subparagraphs (A) and (B) of section 306(a)(19)"; and
(2) in subsection (i)(1), by striking "and (3)".
(g) AMENDMENT TO SECTION 2332. -- Section 2332 of such Act (7 U.S.C.
950aaa-1) is amended by striking "Federal government" and inserting
"Federal Government".
(h) AMENDMENTS TO SECTION 2388(h). --
(1) AMENDMENTS. -- Section 2388(h) of such Act "7 USC 1991"
(104 Stat. 4053) is amended --
(A) in paragraph (1), by inserting "and" after the semicolon;
(B) in paragraph (2), by striking "; and" and inserting a
period; and
(C) by striking paragraph (3).
(2) SPECIAL RULE. -- The Consolidated Farm and Rural
Development Act "7 USC 1991 note" shall be applied and
administered as if the amendment made by 2388(h)(3) of the Food,
Agriculture, Conservation, and Trade Act of 1990 had never been
enacted.
(i) REPEAL OF SECTION 2388(i). Subsection (i) of section 2388 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (104 Stat. 4053)
is hereby repealed and the Consolidated Farm and Rural Development Act
"7 USC 1994" shall be applied and administered as if the amendments made
by such subsection had never been enacted.
SEC. 703. AMENDMENTS TO THE RURAL ELECTRIFICATION ACT OF 1936.
(a) AMENDMENT TO SECTION 11A(e). -- Section 11A(e) of the Rural
Electrification Act of 1936 (7 U.S.C. 911a(e)) is amended by striking "1
percent" and inserting "2 percent".
(b) REPEAL OF SECTION 17. -- Section 17 of such Act (7 U.S.C. 917)
is repealed.
(c) AMENDMENTS TO SECTION 501. -- Section 501 of such Act (7 U.S.C.
950aa) is amended --
(1) in paragraph (6), by inserting "and" after the semicolon;
(2) by striking paragraph (7); and
(3) by redesignating paragraph (8) as paragraph (7).
(d) AMENDMENT TO SECTION 502(a)(2). -- Section 502(a)(2) of such Act
(7 U.S.C. 950aa-1(a)(2)) is amended by striking "as defined in this
Act".
SEC. 704. RURAL HEALTH LEADERSHIP DEVELOPMENT.
(a) IN GENERAL. -- Section 502(i)(1) of the Rural Development Act of
1972 (7 U.S.C. 2662) (as redesignated by section 403(a)(2)(B) of this
Act) is amended by adding at the end the following new subparagraph:
"(C) RURAL HEALTH LEADERSHIP DEVELOPMENT. -- The Secretary, in
consultation with the Office of Rural Health Policy of the
Department of Health and Human Services, may make grants to
academic medical centers or land grant colleges and universities,
or any combination thereof, for the establishment of rural health
leadership development education programs that shall assist rural
communities in developing health care services and facilities that
will provide the maximum benefit for the resources invested and
assist community leaders and public officials in understanding
their roles and responsibilities relative to rural health services
and facilities, including --
"(i) community decisions regarding funding for and retention of
rural hospitals;
"(ii) rural physician and allied health professionals
recruitment and retention;
"(iii) the aging rural population and senior services required
to care for the population;
"(iv) the establishment and maintenance of rural emergency
medical services systems; and
"(v) the application of computer-assisted capital budgeting
decision aids for rural health services and facilities.".
(b) CONFORMING AMENDMENT. -- The first sentence of section 502(i)(4)
of the Rural Development Act of 1972 (7 U.S.C. 2662) (as redesignated by
section 403(a)(2)(B) of this Act) is amended by inserting after "to
States" the following "or entities described in paragraph (1)(C)".
SEC. 801. SHORT TITLE.
Section 1901 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 6001 note; 104 Stat. 3838) is amended by striking "This
Act" and inserting "This title".
SEC. 802. PECANS.
Subtitle A of title XIX of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6001 et seq.; 104 Stat. 3838) is amended --
(1) in section 1907(22) (7 U.S.C. 6002(22)), by striking
"inshell" and inserting "in-shell";
(2) in section 1910(b)(8)(G) (7 U.S.C. 6005(b)(8)(G)) --
(A) by striking "paragraph 3(A), (B), and (C)," and inserting
"subparagraphs (A), (B), and (C) of paragraph (3),"; and
(B) by striking "paragraph (3)(D) and (E)" and inserting
"subparagraphs (D) and (E) of paragraph (3)"; and
(3) in section 1915(b)(2) (7 U.S.C. 6010(b)(2)), by striking
"section" after "1913 or".
SEC. 803. MUSHROOMS.
Subtitle B of title XIX of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6101 et seq.; 104 Stat. 3854) is amended --
(1) in section 1925(h) (7 U.S.C. 6104(h)), by striking
"government" and inserting "governmental";
(2) in section 1928(d)(1)(A) (7 U.S.C. 6107(d)(1)(A)), by
striking "United States district court" and inserting "United
States District Court; and
(3) in section 1929(b)(2) (7 U.S.C. 6108(b)(2)), by striking
"section" after "1927 or".
SEC. 804. POTATOES.
Section 310(a)(2) of the Potato Research and Promotion Act (7 U.S.C.
2619(a)(2)) is amended by striking "(2) when" and inserting "(2) When".
SEC. 805. LIMES.
Subtitle D of title XIX of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6501 et seq.; 104 Stat. 3870) is amended --
(1) in section 1955(e)(1)(B) (7 U.S.C. 6204(e)(1)(B)), by
striking "government employees" and inserting "Government
employees";
(2) in section 1958(d)(1) (7 U.S.C. 6207(d)(1)), by striking
"United States district court" and inserting "United States
District Court"; and
(3) in section 1959(b)(2) (7 U.S.C. 6208(b)(2)), by striking
"section" after "1957 or".
SEC. 806. SOYBEANS.
Subtitle E of title XIX of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6301 et seq.; 104 Stat. 3881) is amended --
(1) in section 1969 (7 U.S.C. 6304) --
(A) in subsection (g)(2)(A)(ii), by striking "Argicultural" and
inserting "Agricultural";
(B) in subsection (l)(2)(F)(vii)(V), by striking "that
requests" and inserting "that request"; and
(C) in subsection (q)(4) --
(i) by inserting a comma after "and"; and
(ii) by striking the semicolon after "Board";
(2) in section 1970(b)(3) (7 U.S.C. 6305(b)(3)), by striking
"this Act" and inserting "this subtitle"; and
(3) in section 1974 (7 U.S.C. 6309) --
(A) in subsection (b)(3), by striking "section 1969(k)(4)" and
inserting "section 1969(l)(4)"; and
(B) by redesignating the second subsection (b) as subsection
(c).
SEC. 807. HONEY.
The Honey Research, Promotion, and Consumer Information Act (7 U.S.C.
4601 et seq.) is amended --
(1) in section 9(h) (7 U.S.C. 4608(h)), by inserting "to"
before "an importer"; and
(2) in section 11A(b)(2) (7 U.S.C. 4610a(b)(2)), by striking
"section" after "10 or".
SEC. 808. COTTON.
(a) COTTON PROMOTION ACT. -- The Cotton Research and Promotion Act
(7 U.S.C. 2101 et seq.) is amended --
(1) in section 7(e)(4) (7 U.S.C. 2106(e)(4)), by striking
"title" and inserting "Act";
(2) in section 8(b)(2) (7 U.S.C. 2107(b)(2)), by striking
"section 17C(2)" and inserting "section 17(c)(2)";
(3) in section 10(b) (7 U.S.C. 2109(b)), by striking "section
8(b) or 8(c)" and inserting "subsection (b) or (c) of section 8";
and
(4) in section 11(a) (7 U.S.C. 2110(a)) --
(A) by inserting "of this Act" after "section"; and
(B) by striking "of this Act," after "subsection (b),".
(b) REPORTS. -- Section 1998 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2101 note; 104 Stat. 3913) is amended
by striking "title" each place it appears in subsections (a) and (b) and
inserting "subtitle".
SEC. 809. FLUID MILK.
Section 1999L(b) of the Fluid Milk Promotion Act of 1990 (7 U.S.C.
6411(b); 104 Stat. 3922) is amended by striking "this subsection" and
inserting "this section".
SEC. 810. WOOL.
Section 708 of the National Wool Act of 1954 (7 U.S.C. 1787) is
amended by inserting after the third sentence the following new
sentence: "In any agreement entered into under this section, the
Secretary shall prohibit the use of any funds made available through pro
rata deductions from payments under section 704 of this title in any
manner for the purpose of influencing legislation or government action
or policy, except for the development or recommendation to the Secretary
of amendments to the research and promotion program.".
SEC. 901. APPLICATION OF FOOD STAMP ACT OF 1977 TO DISABLED PERSONS.
Section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012) is amended by
inserting after "title I, II, X, XIV, or XVI of the Social Security Act"
both places it appears in subsections (g)(7) and (i) the following: ",
or are individuals described in paragraphs (2) through (7) of subsection
(r),".
SEC. 902. CATEGORICAL ELIGIBILITY FOR RECIPIENTS OF GENERAL
ASSISTANCE.
The third sentence of section 5(a) of the Food Stamp Act of 1977 (7
U.S.C. 2014(a)) is amended by striking "appropriate for categorical
treatment" and inserting "based on income criteria comparable to or more
restrictive than those under subsection (c)(2), and not limited to
one-time emergency payments that cannot be provided for more than one
consecutive month,".
SEC. 903. EXCLUSIONS FROM INCOME.
Section 5(d) of the Food Stamp Act of 1977 (7 U.S.C. 2014(d)) is
amended --
(1) in paragraph (3) --
(A) in subparagraph (A), by striking "to the extent" and all
that follows through "involved)" and inserting "awarded to a
household member enrolled"; and
(B) in subparagraph (B) --
(i) by inserting after "amount" the following: "used for or";
and
(ii) by striking "or program for" and inserting "program, or
other grantor, for tuition and mandatory fees (including the
rental or purchase of any equipment, materials, and supplies
related to the pursuit of the course of study involved),";
(2) by striking "and" at the end of paragraph (14); and
(3) by inserting before the period at the end the following:
", and (16) any amounts necessary for the fulfillment of a plan
for achieving self-support of a household member as provided under
section 1612(b)(4)(B)(iv) of the Social Security Act (42 U.S.C.
1382a(b)(4)(B)(iv))".
SEC. 904. RESOURCES THAT CANNOT BE SOLD FOR A SIGNIFICANT RETURN.
Section 5(g)(5) of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)(5))
is amended by adding at the end the following new sentences: "A
resource shall be so identified if its sale or other disposition is
unlikely to produce any significant amount of funds for the support of
the household. The Secretary shall not require the State agency to
require verification of the value of a resource to be excluded under
this paragraph unless the State agency determines that the information
provided by the household is questionable.".
SEC. 905. RESOURCE EXEMPTION FOR HOUSEHOLDS EXEMPT UNDER AFDC OR
SSI.
Subsection (j) of section 5 of the Food Stamp Act of 1977 (7 U.S.C.
2014(j)) is amended to read as follows:
"(j) Notwithstanding subsections (a) through (i), a State agency
shall consider a household member who receives supplemental security
income benefits under title XVI of the Social Security Act (42 U.S.C.
1382 et seq.), aid to the aged, blind, or disabled under title I, II, X,
XIV, or XVI of such Act (42 U.S.C. 301 et seq.), or who receives
benefits under a State plan approved under part A of title IV of such
Act (42 U.S.C. 601 et seq.) to have satisfied the resource limitations
prescribed under subsection (g).".
SEC. 906. TECHNICAL AMENDMENT ON TRANSITIONAL HOUSING.
Section 5(k)(2)(F) of the Food Stamp Act of 1977 (7 U.S.C.
2014(k)(2)(F)) is amended by inserting before the semicolon the
following: ", if the State agency calculates a shelter allownce to be
paid under the State plan separate and apart from payments for other
household needs even though it may be paid in combination with other
allowances in some cases".
SEC. 907. PERFORMANCE STANDARDS FOR EMPLOYMENT AND TRAINING
PROGRAMS.
(a) IN GENERAL. -- Subparagraph (L) of section 6(d)(4) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(4)(L)) is amended to read as
follows:
"(L)(i) The Secretary shall establish performance standards and
measures applicable to employment and training programs carried out
under this paragraph that are based on employment outcomes, including
increases in earnings.
"(ii) Final performance standards and measures referred to in clause
(i) shall be published not later than 12 months after the date that the
final outcome-based performance standards are published for job
opportunities and basic skills training programs under part F of title
IV of the Social Security Act (42 U.S.C. 681 et seq.).
"(iii) The standards shall encourage States to serve those
individuals who have greater barriers to employment and shall take into
account the extent to which persons have elected to participate in
employment and training programs under this paragraph. The standards
shall require participants to make levels of efforts comparable to those
required under the regulations set forth in section 273.7(f)(1) of title
7, Code of Federal Regulations in effect on January 1, 1991.
"(iv) The performance standards in effect under subparagraph (K)
shall remain in effect during the period beginning on October 1, 1988,
and ending on the date the Secretary implements the outcome-based
performance standards described in this subparagraph.
"(v) A State agency shall be considered in compliance with applicable
performance standards under subparagraph (K) if the State agency
operates an employment and training program in a manner consistent with
its approved plan and if the program requires participants to make
levels of effort comparable to those required under the regulations set
forth in section 273.7(f)(1) of title 7, Code of Federal Regulations in
effect on January 1, 1991.".
(b) LIMITATION. -- Section 6(d)(4)(K)(i) of such Act is amended --
(1) by striking "50 percent through September 30, 1989" and
inserting "10 percent in fiscal years 1992 and 1993, and 15
percent in fiscal years 1994 and 1995"; and
(2) by adding at the end the following new sentence: "The
Secretary shall not require the plan of a State agency to provide
for the participation of a number of recipients greater than 10
percent in fiscal years 1992 and 1993, and 15 percent in fiscal
years 1994 and 1995, of the persons who are subject to employment
requirements under this section and who are not exempt under
subparagraph (D).".
SEC. 908. SUSPENSION OF CERTAIN REQUIREMENTS, AND STUDY, OF FOOD
STAMP PROGRAM ON INDIAN RESERVATIONS.
(a) SUSPENSION OF REQUIREMENTS. --
(1) STAGGERED ISSUANCE OF COUPONS. -- No State agency shall be
required to implement section 7(h)(1) of the Food Stamp Act of
1977 (7 U.S.C. 2016(h)(1)), "7 USC 2016 note" regarding the
staggering of issuance of food stamp coupons, until April 1, 1993.
The Secretary of Agriculture shall issue final regulations
requiring the staggered issuance of coupons no later than December
1, 1992.
(2) "7 USC 2015 note" EXEMPTION FROM MONTHLY REPORTING SYSTEMS.
-- No State agency shall be required to exempt households
residing on Indian reservations from food stamp program monthly
reporting systems until April 1, 1993. The Secretary shall issue
final regulations requiring the exemption of households residing
on Indian reservations from food stamp program monthly reporting
systems no later than December 1, 1992.
(b) STUDY. --
(1) IN GENERAL. -- Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall report to the Committee on Agriculture, Nutrition and
Forestry of the Senate and the Committee on Agriculture of the
House of Representatives on the difficulties that residents of
Indian reservations experience in obtaining food stamp benefits,
in using food stamp benefits, and in puchasing food economically
with food stamps.
(2) COMPONENTS. -- In carrying out paragraph (1), the
Comptroller General shall --
(A) examine whether monthly reporting requirements are a burden
to food stamp households residing on Indian reservations;
(B) examine whether prices at food stores serving reservations
are increased during the parts of months when food stamps are
issued or are decreased during times of the month when most
households have exhausted their food stamp allotments;
(C) examine whether eligible households residing on
reservations would prefer that the households' food stamp
issuances be --
(i) staggered throughout the month;
(ii) concentrated on the same day of each month; or
(iii) staggered during approximately the first 2 weeks of the
month; and
(D) analyze problems associated with transportation
difficulties in terms of food stamp program participation and any
actions that could be taken at the Federal, State, or local level
to remedy the problems.
(3) CONSULTATION. -- In completing the report and
recommendations, the Comptroller General shall consult with Indian
tribes, State agencies, and other appropriate parties.
SEC. 909. VALUE OF ALLOTMENT.
Section 8(b) of the Food Stamp Act of 1977 (7 U.S.C. 2017(b)) is
amended --
(1) by striking "the allotment provided any eligible household"
and inserting "benefits that may be provided under this Act,
whether through coupons, access devices, or otherwise"; and
(2) by striking "an allotment" and inserting "benefits".
SEC. 910. PRORATING WITHIN A CERTIFICATION PERIOD.
Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C. 2017(c)) is
amended --
(1) in paragraph (1), by adding at the end the following new
sentence: "Households shall receive full months' allotments for
all months within a certification period, except as provided in
the first sentence of this paragraph with respect to an initial
month."; and
(2) in paragraph (2)(B), by striking "previous participation in
such program" and inserting "the expiration of a certification
period or after the termination of the certification of a
household, during a certification period, when the household
ceased to be eligible after notice and an opportunity for a
hearing under section 11(e)(10)".
SEC. 911. RECOVERY OF CLAIMS CAUSED BY NONFRAUDULENT HOUSEHOLD
ERRORS.
The first sentence of section 13(b)(2)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2022(b)(2)(A)) is amended by inserting before the period
the following: ", except that the household shall be given notice
permitting it to elect another means of repayment and given 10 days to
make such an election before the State agency commences action to reduce
the household's monthly allotment".
SEC. 912. "7 USC 2026 note" DEMONSTRATION PROJECTS FOR VEHICLE
EXCLUSION LIMIT.
The Secretary of Agriculture shall solicit requests to participate in
the demonstration projects required by section 17(h) of the Food Stamp
Act of 1977 (7 U.S.C. 2026(h)) by May 1, 1992. The projects shall
commence operations no later than January 1, 1993.
SEC. 913. DEFINITION OF RETAIL FOOD STORE.
Section 11002(f)(3) of the Homeless Eligibility Clarification Act
(Public Law 99-570; 7 U.S.C. 2012 note) is amended by striking "and
(b)" and inserting ", (b), and (c)".
SEC. 921. EXTENSION OF ELDERLY COMMODITY PROCESSING DEMONSTRATIONS.
Section 1114(a)(2)(D) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(2)(D)) is amended by striking "1992 and 1993" and inserting
"1992, 1993, and 1994".
SEC. 922. REDUCTION OF FEDERAL PAPERWORK FOR DISTRIBUTION OF
COMMODITIES.
(a) HUNGER PREVENTION ACT. -- Section 110 of the Hunger Prevention
Act of 1988 (7 U.S.C. 612c note) is amended --
(1) in paragraphs (1) and (2) of subsection (c), by inserting
after "to needy persons" each place it appears the following:
"and to other institutions that can demonstrate, in accordance
with subsection (j)(3), that they serve predominantly needy
persons"; and
(2) by adding at the end the following new subsections:
"(j) PRIORITY SYSTEM FOR STATE DISTRIBUTION OF COMMODITIES. --
"(1) SOUP KITCHENS. -- In distributing commodities under this
section, the distributing agency, under procedures determined
appropriate by the distributing agency, shall offer, or otherwise
make available, its full allocation of commodities for
distribution to soup kitchens and other like organizations that
serve meals to homeless persons, and to food banks for
distribution to such organizations.
"(2) INSTITUTIONS THAT SERVE ONLY LOW-INCOME RECIPIENTS. -- If
distributing agencies determine that they will not likely exhaust
their allocation of commodities under this section through
distribution to institutions referred to in paragraph (1), the
distributing agencies shall make the remaining commodities
available to food banks for distribution to institutions that
distribute commodities to the needy. When such institutions
distribute commodities to individuals for home consumption,
eligibility for such commodities shall be determined through a
means test as determined appropriate by the State distributing
agency.
"(3) OTHER INSTITUTIONS. -- If the distributing agency's
commodity allocation is not likely to be exhausted after
distribution under paragraphs (1) and (2) (as determined by the
food bank), food banks may distribute the remaining commodities to
institutions that serve meals to needy persons and do not employ a
means test to determine eligibility for such meals, provided that
the organizations have documented to the satisfaction of the food
bank, that the organizations do, in fact, serve predominantly
needy persons.
"(k) SETTLEMENT AND ADJUSTMENT OF CLAIMS. --
"(1) IN GENERAL. -- The Secretary or a designee of the
Secretary shall have the authority to --
"(A) determine the amount of, settle, and adjust any claim
arising under this section; and
"(B) waive such a claim if the Secretary determines that to do
so will serve the purposes of this section.
"(2) LITIGATION. -- Nothing contained in this subsection shall
be construed to diminish the authority of the Attorney General of
the United States under section 516 of title 28, United States
Code, to conduct litigation on behalf of the United States.".
(b) EMERGENCY FOOD ASSISTANCE ACT. -- The Emergency Food Assistance
Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end the
following new section:
"SEC. 215. SETTLEMENT AND ADJUSTMENT OF CLAIMS.
"(a) IN GENERAL. -- The Secretary or a designee of the Secretary
shall have the authority to --
"(1) determine the amount of, settle, and adjust any claim
arising under this Act; and
"(2) waive such a claim if the Secretary determines that to do
so will serve the purposes of this Act.
"(b) LITIGATION. -- Nothing contained in this section shall be
construed to diminish the authority of the Attorney General of the
United States under section 516 of title 28, United States Code, to
conduct litigation on behalf of the United States.".
(c) COMMODITY SUPPLEMENTAL FOOD PROGRAM. -- Section 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is
amended by adding at the end the following new subsection:
"(k)(1) The Secretary or a designee of the Secretary shall have the
authority to --
"(A) determine the amount of, settle, and adjust any claim
arising under the commodity supplemental food program; and
"(B) waive such a claim if the Secretary determines that to do
so will serve the purposes of the program.
"(2) Nothing contained in this subsection shall be construed to
diminish the authority of the Attorney General of the United States
under section 516 of title 28, United States Code, to conduct litigation
on behalf of the United States.".
SEC. 931. PURPOSES.
The purposes of this subtitle are to --
(1) provide technical assistance and training through the
Extension Service in the Department of Agriculture to Indian
tribes and Alaska Natives for the development and operation of
subsistence farming programs to improve the nutritional health of
Indians living on or near Indian reservations;
(2) establish the Indian subsistence farming demonstration
grant program within the Department of Agriculture; and
(3) provide a supplemental source of fresh produce for Indians
and Alaska Natives who --
(A) have special dietary needs;
(B) are participating in --
(i) the food stamp program established under the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.); or (ii) the food distribution
program on Indian reservations established under section 4(b) of
such Act (7 U.S.C. 2013(b)); or
(C) have income below 185 percent of the poverty line referred
to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2014(c)(1)).
SEC. 932. DEFINITIONS.
For the purposes of this subtitle:
(1) ELIGIBLE RECIPIENT. -- The term "eligible recipient" means
an Indian who --
(A) is identified by the Secretary as having special dietary
needs;
(B) is participating in --
(i) the food stamp program established under the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.); or
(ii) the food distribution program on Indian reservations
established under section 4(b) of such Act (7 U.S.C. 2013(b)); or
(C) has income below 185 percent of the poverty line referred
to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2014(c)(1)).
(2) INDIAN. -- The term "Indian" means a person who is a
member of an Indian tribe, or who is an Alaska Native and a member
of a Regional Corporation (as defined in section 3(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)).
(3) INDIAN RESERVATION. -- The term "Indian reservation" has
the same meaning given to the term "reservation" under section
3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)).
(4) INDIAN TRIBE. -- The term "Indian tribe" means any Indian
tribe, band, nation, or other organized group or community
(including any Alaska Native village, Regional Corporation, or
Regional Corporation (as defined in or established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)),
which is recognized as eligible for the special services provided
by the United States to Indians because of their status as
Indians.
(5) INTER-TRIBAL CONSORTIUM. -- The term "inter-tribal
consortium" means a partnership between --
(A) an Indian tribe or tribal organization on an Indian
reservation; and
(B) one or more Indian tribes or tribal organizations of other
Indian tribes.
(6) PROGRAM. -- The term "program" means any subsistence
farming program funded or assisted under this subtitle.
(7) SECRETARY. -- The term "Secretary" means the Secretary of
Agriculture.
SEC. 933. INDIAN SUBSISTENCE FARMING DEMONSTRATION GRANT PROGRAM.
(a) IN GENERAL. -- The Secretary may establish an Indian subsistence
farming demonstration grant program that provides grants to any Indian
tribe, or intertribal consortium, for the establishment on Indian
reservations of subsistence farming operations that grow fresh produce
for distribution to eligible recipients.
(b) APPLICATION. -- Any Indian tribe or tribal consortium may submit
to the Secretary an application for a grant under this subtitle. Any
such application shall --
(1) be in such form as the Secretary may prescribe;
(2) be submitted to the Secretary on or before the date
designated by the Secretary; and
(3) specify --
(A) the nature and scope of the subsistence farming project
proposed by the applicant;
(B) the extent to which the project plans to use or incorporate
existing resources and services available on the reservation; and
(C) the number of Indians who are projected as eligible
recipients of produce grown under the project.
SEC. 934. TRAINING AND TECHNICAL ASSISTANCE.
The Extension Service may conduct, with respect to the projects
established under this title, site surveys, workshops, short courses,
training, and technical assistance on such topics as nutrition food
preservation and preparation techniques, spacing, depth of seed
placement, soil types, and other aspects of subsistence farming
operations.
SEC. 935. TRIBAL CONSULTATION.
An Indian tribe participating in any subsistence farming program
established under this subtitle shall consult with appropriate tribal
and Indian Health Service officials regarding the specific dietary needs
of the population to be served by the operation of the Indian
subsistence farming project.
SEC. 936. USE OF GRANTS.
Funds provided under this subtitle may be used for --
(1) the purchase or lease of agricultural machinery, equipment,
and tools for the operation of the program;
(2) the purchase of seeds, fertilizers, and such other
resources as may be required for the operation of the program;
(3) the construction of greenhouses, fences, and other
structures or facilities;
(4) accounting and distribution of produce grown under the
program; and
(5) the employment of persons for the management and operation
of the program.
SEC. 937. AMOUNT AND TERM OF GRANT.
(a) AMOUNT. -- The maximum amount of any grant awarded under this
subtitle shall not exceed $50,000.
(b) TERM. -- The maximum term of any grant awarded under this
subtitle shall be 3 years.
SEC. 938. OTHER REQUIREMENTS.
Each recipient of a grant awarded under this subtitle shall --
(1) furnish the Secretary with such information as the
Secretary may require to --
(A) evaluate the program for which the grant is made;
(B) ensure that the grant funds are expended for the purposes
for which the grant was made; and
(C) ensure that the produce grown is distributed to eligible
recipients on the reservation; and
(2) submit to the Secretary at the close of the term of the
grant a final report that shall include such information as the
Secretary may require.
SEC. 939. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$2,000,000 for each of the fiscal years 1993 through 1995.
SEC. 941. TECHNICAL AMENDMENTS TO THE FOOD STAMP ACT OF 1977.
The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended --
(1) in section 3 (7 U.S.C. 2012) --
(A) in subsection (j), by striking "section 3(p) of this Act"
and inserting "subsection (p)";
(B) in subsection (o)(6), by striking "per centum" and
inserting "percent"; and
(C) by redesignating subsection (u) as subsection (t);
(2) in section 5 (7 U.S.C. 2014) --
(A) in subsection (d)(2), by striking "section 5(f) of this
Act" and inserting "subsection (f)";
(B) in subsection (h)(1), by striking "Disaster Relief and
Emergency Assistance Act" and inserting "Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)"; and
(C) in subsection (k)(2), by moving the margin of subparagraph
(E) to the left so as to align with the margin of subparagraph
(D);
(3) in section 6 (7 U.S.C. 2015) --
(A) in subsection (c)(1)(A), by moving the margin of clause
(ii) to the left so as to align with the margin of clause (i);
(B) in subsection (d)(1)(A) --
(i) by striking "who is physically" and inserting "who is a
physically";
(ii) by striking "Secretary;" in clause (i) and all that
follows through "refuses" in clause (ii) and inserting "Secretary;
(ii) refuses"; and
(iii) by striking "two months" in clause (ii) and all that
follows through "refuses" in clause (iii) and inserting "two
months; or (iii) refuses";
(C) in subsection (d)(4)(B)(vii) --
(i) by striking "Secretary,," and inserting "Secretary,"; and
(ii) by striking "aimed an" and inserting "aimed at";
(D) in subsection (d)(4)(D)(iii), by striking "clauses (i) or
(ii)" and inserting "clause (i) or (ii)"; and
(E) in subsection (d)(4)(I)(i)(II) --
(i) by striking "601 et seq.))" and inserting "601 et seq.)";
and
(ii) by striking ", but in" and inserting "), but in";
(4) in section 9(a)(1) (7 U.S.C. 2018(a)(1)), by redesignating
paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C),
respectively;
(5) in section 11(e) (7 U.S.C. 2020(e)) --
(A) in paragraph (2), by striking the period at the end and
inserting a semicolon;
(B) in paragraph (3) --
(i) in subparagraph (D), by inserting a close parenthesis after
"section 6"; and
(ii) in subparagraph (E), by striking "verified under this Act,
and that the State agency shall provide the household" and
inserting "verified under this Act,
and that the State agency shall provide the household"; and
(C) in paragraph (15), by striking the period at the end and
inserting a semicolon;
(6) in section 11 (7 U.S.C. 2020), by redesignating subsection
(p) as subsection (b) and transferring such subsection to the
location after subsection (a);
(7) in section 16 (7 U.S.C. 2025) --
(A) in subsection (g), by inserting a comma after "1991"; and
(B) in subsection (h)(4), by striking "the Act" and inserting
"this Act";
(8) in the first sentence of section 17(b)(3)(C) (7 U.S.C.
2026(b)(3)(C)), by striking "402(g)(1)(A)" and inserting
"402(g)(1)(A))";
(9) in section 19(b)(1)(A)(i) (7 U.S.C. 2028(b)(1)(A)(i)), by
striking "directly." and inserting "directly";
(10) in section 20(g)(2) (7 U.S.C. 2029(g)(2) --
(A) by moving the margins of subparagraphs (A) and (B) 2 ems to
the left; and
(B) in subparagraph (B), by moving the margins of clauses (i)
and (ii) 2 ems to the left; and
(11) in section 22 (7 U.S.C. 2031) --
(A) by inserting the following section heading above the
section designation:
(B) in subsection (d)(2)(B), by striking "paragraph
(b)(3)(D)(iii)" and inserting "subsection (b)(3)(D)(iii)"; and
(C) in subsection (h), by striking "subsection b(12)" and
inserting "subsection (b)(12)".
SEC. 942. AMENDMENT RELATING TO THE HUNGER PREVENTION ACT OF 1988.
Section 1772(h)(5) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (Public Law 101-624; 104 Stat. 3809) "7 USC 612c note" is
amended by striking "Relief" and inserting "Prevention".
SEC. 1001. ORGANIC CERTIFICATION.
Title XXI of the Food, Agriculture, Conservation, and Trade Act of
1990 (Public Law 101-624; 104 Stat. 3935) is amended --
(1) in section 2105 (7 U.S.C. 6504), by striking the period at
the end of paragraph (2) and inserting "; and";
(2) in section 2110 (7 U.S.C. 6509) --
(A) in subsection (d)(1)(B), by striking "paraciticides" and
inserting "parasiticides"; and
(B) by redesignating subsection (h) as subsection (g);
(3) in section 2111(a)(1) (7 U.S.C. 6510(a)(1)), by striking
"post harvest" and inserting "postharvest";
(4) in section 2112(b) (7 U.S.C. 6511(b)), by striking
"PRE-HARVEST" and inserting "PREHARVEST";
(5) in section 2116(j)(2) (7 U.S.C. 6515(j)(2)), by striking
"certifying such" and inserting "such certifying";
(6) in section 2118(c)(1)(B)(i) (7 U.S.C. 6517(c)(1)(B)(i)), by
striking "paraciticides" and inserting "parasiticides"; and
(7) in section 2119(a) (7 U.S.C. 6518(a)), by striking "(to"
and inserting "to";
(8) in section 2120(f) (7 U.S.C. 6519(f)), by inserting a comma
after "et seq.)" the first place it appears; and
(9) in section 2121(b) (7 U.S.C. 6520(b)), by striking
"District Court for the District" and inserting "district court
for the district".
SEC. 1002. AGRICULTURAL FELLOWSHIPS.
Section 1543(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293; 104 Stat. 3694) is amended by striking
"Program" and inserting "program".
SEC. 1003. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS.
Section 2501 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279) is amended --
(1) in subsection (a)(3), by striking "section" and inserting
"subsection";
(2) in subsection (c)(1)(C), by inserting "program" after
"agricultural"; and
(3) in subsection (d)(3), by striking "Not later than 1 year
after the date of enactment of this Act," and inserting "Not later
than November 28, 1991,".
SEC. 1004. PROTECTION OF PETS.
Section 28(b)(2)(F) of the Animal Welfare Act (7 U.S.C.
2158(b)(2)(F)) is amended by striking "subsection (b)" and inserting
"subsection (a)".
SEC. 1005. CRITICAL AGRICULTURAL MATERIALS.
The Critical Agricultural Materials Act (7 U.S.C. 178 et seq.) is
amended --
(1) in section 5(b)(9) (7 U.S.C. 178c(b)(9)), by striking the
first comma after "industrial purposes"; and
(2) in section 11 (7 U.S.C. 178i), by striking "insure" both
places it appears and inserting "ensure".
SEC. 1006. AMENDMENTS TO FIFRA AND RELATED PROVISIONS.
(a) IN GENERAL. -- The Federal Insecticide, Fungicide, and
Rodenticide Act is amended --
(1) in section 2(e)(1) (7 U.S.C. 136(e)(1)) --
(A) by striking "section 4" and inserting "section 11";
(B) by striking "use" in the second sentence and inserting
"uses"; and
(C) by striking "section 2(ee) of this Act" and inserting
"subsection (ee)";
(2) in section 2(q)(2)(A)(i) (7 U.S.C. 136(q)(2)(A)(i)), by
striking "size of form" and inserting "size or form";
(3) in section 3(c)(1) (7 U.S.C. 136a(c)(1)) --
(A) by striking subparagraphs (E) and (F);
(B) by redesignating subparagraph (D) as subparagraph (F);
(C) by inserting after subparagraph (C) the following:
"(D) the complete formula of the pesticide;
"(E) a request that the pesticide be classified for general use
or for restricted use, or for both; and"; and
(D) in subparagraph (F) (as so redesignated) --
(i) by striking "(i) with" and inserting "(i) "With";
(ii) by striking the semicolon at the end of clauses (i), (ii),
and (iii) and inserting a period;
(iii) by striking "(ii) except" and inserting "(ii) Except";
and
(iv) by striking "(iii) after" and inserting "(iii) After";
(4) by conforming the left margin of paragraph (3) of section
4(f) (7 U.S.C. 136a-1(f)) to the left margin of the preceding
paragraph;
(5) in section 6(f)(3)(B) (7 U.S.C. 136d(f)(3)(B)), by striking
"an unreasonable adverse affect" and inserting "an unreasonable
adverse effect";
(6) in section 11 (7 U.S.C. 136i) --
(A) in the section heading, by striking "APPPLICATORS" and
inserting "APPLICATORS";
(B) in subsection (b), by striking "this paragraph" each place
it appears and inserting "subsection (a)(2)"; and
(C) in subsection (c), by striking "subsections (a) and (b)"
and inserting "subsection (a)";
(7) in section 12(a)(2) (7 U.S.C. 136j(a)(2)) --
(A) by striking "thereunder. It" in subparagraph (F) and
inserting "thereunder, except that it";
(B) by striking "or" at the end of subparagraph (O); and
(C) by striking the period at the end of subparagraph (P) and
inserting a semicolon;
(8) in section 14(a)(2) (7 U.S.C. 1361(a)(2)) --
(A) by striking ": Provided, That" and inserting ", except
that"; and
(B) by striking "use" and inserting "uses";
(9) in section 17(a) (7 U.S.C. 136o), by removing the last
sentence from paragraph (2) and placing it as full measure
sentence under such paragraph;
(10) in section 20(a) (7 U.S.C. 136r(a)), by striking "insure"
and inserting "ensure"; and
(11) in section 26(c) (7 U.S.C. 136w-1(c)), by striking "use"
and inserting "uses".
(b) GENDER. --
(1) Such Act is amended by striking "he" each place it appears
in sections 3(c)(2)(A), 3(c)(5), 3(c)(6), 3(d)(1)(A), 3(d)(1)(B),
3(d)(1)(C), 3(d)(2), 5(b), 5(e), 5(f), 6(a)(1), 6(b), 6(c)(1),
6(c)(3), 7(b), 8(a), 9(c)(3), 10(c), 11(b), 16(b), 16(d), 18,
20(a), 21(b), 25(a)(3), 25(b), 25(c)(5), and 25(d) (7 U.S.C.
136a(c)(2)(A), 136a(c)(5), 136a(c)(6), 136a(d)(1)(A),
136a(d)(1)(B), 136a(d)(1)(C), 136a(d)(2), 136c(b), 136c(e),
136c(f), 136d(a)(1), 136d(b), 136d(c)(1), 136d(c)(3), 136e(b),
136f(a), 136g(c)(3), 136h(c), 136i(b), 136n(b), 136n(d), 136p,
136r(a), 136s(b), 136w(a)(3), 136w(b), 136w(c)(5), and 136w(d))
and inserting "the Administrator".
(2) Such Act is amended by striking "his" each place it appears
in sections 3(c)(2)(A), 3(c)(3)(A), 3(c)(6), 6(b), 6(c)(1), 6(d),
10(b), 11(a)(2), 16(b), 17(c), 18, 21(b), and 25(c)(4) (7 U.S.C.
136a(c)(2)(A), 136a(c)(3)(A), 136a(c)(6), 136d(b), 136d(c)(1),
136d(d), 136h(b), 136i(a)(2), 136n(b), 136o(c), 136p, 136s(b), and
136w(c)(4)) and inserting "the Administrator's".
(3) Such Act is amended --
(A) in section 2(e)(2) (7 U.S.C. 136(e)(2)), by striking "him
or his" and inserting "the applicator or the applicator's";
(B) in section 2(e)(3), by striking "he" and inserting "the
applicator";
(C) in section 6(a)(2) (7 U.S.C. 136d(a)(2), by striking "he"
and inserting "the registrant";
(D) "7 USC 136d" in section 6(c)(3), by striking "him" and
inserting "the Administrator";
(E) in section 6(d), by striking "him" and inserting "the
Administrator";
(F) in section 7(c)(1) (7 U.S.C. 136e(c)(1)), by striking "he"
each place it appears and inserting "the producer";
(G) in section 7(c)(2) --
(i) by striking "him" and inserting "the Administrator"; and
(ii) by striking "he" and inserting "the producer";
(H) in the fourth sentence of section 9(a)(2) (7 U.S.C.
136g(a)(2)), by striking "he" and inserting "the officer or
employee";
(I) in the third sentence of section 9(c)(1), by striking "his"
and inserting "the person's";
(J) in section 10(a) (7 U.S.C. 136h(a)), by striking "his" and
inserting "the applicant's";
(K) in section 11(a)(1) (7 U.S.C. 136i(a)(1)) --
(i) in the ninth sentence, by striking "his" and inserting "the
applicator"; and
(ii) in the last sentence, by striking "him" and inserting "the
Administrator";
(L) in section 12(a)(2)(C) (7 U.S.C. 136j(a)(2)(C)) --
(i) by striking "his" and inserting "the person's"; and
(ii) by striking "he" and inserting "the person";
(M) in section 12(a)(2)(D), by striking "his" and inserting
"the person's";
(N) in section 12(b)(1) --
(i) by striking "he" and inserting "the person";
(ii) by striking "him" and inserting "the person";
(O) in section 12(b)(3), by striking "his official duties" and
inserting "the official duties of the public official"; and
(P) in the second sentence of section 16(b) (7 U.S.C. 136n(b)),
by striking "him" and inserting "the Administrator".
(c) UNEXECUTABLE AMENDMENT. -- The phrase sought to be struck in
section 102(b)(2)(A) of the Federal Insecticide, Fungicide, and
Rodenticide Act Amendments of 1988 (Public Law 100-532; 102 Stat. 2667)
"7 USC 136a" shall be deemed to be "an end-use product".
(d) RECORDKEEPING. -- Section 1491 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 136i-1) is amended --
(1) in subsection (a), by striking "(7 U.S.C. 136a(d)(1)(C))"
and inserting "(7 U.S.C. 136a(d)(1)(C)))"; and
(2) in subsection (d)(1), by inserting "of" after "fine".
(e) MAINTENANCE FEE. -- Paragraph (5) of section 4(i) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is
amended to read as follows:
"(5) MAINTENANCE FEE. --
"(A) Subject to other provisions of this paragraph, each
registrant of a pesticide shall pay an annual fee by January 15 of
each year of --
"(i) $650 for the first registration; and
"(ii) $1,300 for each additional registration, except that no
fee shall be charged for more than 200 registrations held by any
registrant.
"(B) In the case of a pesticide that is registered for a minor
agricultural use, the Administrator may reduce or waive the
payment of the fee imposed under this paragraph if the
Administrator determines that the fee would significantly reduce
the availability of the pesticide for the use.
"(C) The amount of each fee prescribed under subparagraph (A)
shall be adjusted by the Administrator to a level that will result
in the collection under this paragraph of, to the extent
practicable, an aggregate amount of $14,000,000 each fiscal year.
"(D) The maximum annual fee payable under this paragraph by --
"(i) a registrant holding not more than 50 pesticide
registrations shall be $55,000; and
"(ii) a registrant holding over 50 registrations shall be
$95,000.
"(E)(i) For a small business, the maximum annual fee payable
under this paragraph by --
"(I) a registrant holding not more than 50 pesticide
registrations shall be $38,500; and
"(II) a registrant holding over 50 pesticide registrations
shall be $66,500.
"(ii) For purposes of clause (i), the term 'small business'
means a corporation, partnership, or unincorporated business that
--
"(I) has 150 or fewer employees; and
"(II) during the 3-year period prior to the most recent
maintenance fee billing cycle, had an average annual gross revenue
from chemicals that did not exceed $40,000,000.
"(F) If any fee prescribed by this paragraph with respect to
the registration of a pesticide is not paid by a registrant by the
time prescribed, the Administrator, by order and without hearing,
may cancel the registration.
"(G) The authority provided under this paragraph shall
terminate on September 30, 1997.".
(f) REGISTRATION AND EXPEDITED PROCESSING FUND. -- Section
4(k)(3)(A) of such Act (7 U.S.C. 136a-1(k)(3)(A)) is amended by striking
"each fiscal year not more than $2,000,000 of the amounts in the fund"
and inserting "for each of the fiscal years 1992, 1993, and 1994, 1/7th
of the maintenance fees collected, up to $2 million each year".
SEC. 1007. GRAIN STANDARDS.
The United States Grain Standards Act (7 U.S.C. 71 et seq.) is
amended --
(1) in section 3 (7 U.S.C. 75), by striking "The" in
subsections (i), (j), (k), (u), (v), (w), (x), (z), and (aa) and
inserting "the";
(2) in section 16(a) (7 U.S.C. 87e(a)), by striking
"Administrator." in the second sentence and inserting
"Administrator."; and
(3) in section 17B(a) (7 U.S.C. 87f-2(a)) --
(A) by striking "The" and inserting "On December 1 of each
year, the";
(B) by striking "committee on Agriculture" and inserting
"Committee on Agriculture"; and
(C) by striking "one year" and all that follows through "such
committees".
SEC. 1008. PACKERS AND STOCKYARDS.
The Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) is
amended --
(1) in section 202(c) (7 U.S.C. 192(c)), by striking "dealer.
any" and inserting "dealer, any"; and
(2) in section 406(b)(2) (7 U.S.C. 227(b)(2)), by striking the
comma after "unmanufactured form,".
SEC. 1009. REDUNDANT LANGUAGE IN WAREHOUSE ACT.
Section 17(c)(1)(B) of the United States Warehouse Act (7 U.S.C.
259(c)(1)(B)) is amended by striking ", or to a specified person".
SEC. 1010. "7 USC 2006f note" CLARIFICATION OF FOOD, AGRICULTURE,
CONSERVATION, AND TRADE ACT OF 1990.
Notwithstanding any other provision of law, the Secretary of
Agriculture is directed immediately to implement the establishment
within the Department of Agriculture of the Rural Development
Administration established by subtitle A of title XXIII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2006f et
seq.) and the amendments made by such subtitle.
SEC. 1011. PERISHABLE AGRICULTURAL COMMODITIES.
The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et
seq.), is amended --
(1) in the first section (7 U.S.C. 499a) --
(A) by striking out "That when used in this Act -- " and
inserting the following:
"SECTION 1. SHORT TITLE AND DEFINITIONS.
"(a) SHORT TITLE. -- This Act may be cited as the 'Perishable
Agricultural Commodities Act, 1930'.
"(b) DEFINITIONS. -- For purposes of this Act:"; and
(B) by striking the semicolon at the end of paragraphs (1),
(2), (3), (4), (5), (6), and (9) and inserting a period;
(2) in section 4(a) (7 U.S.C. 499d(a)), by striking "anual" in
the material before the first proviso and inserting "annual";
(3) in section 5(c)(2) (7 U.S.C. 499e(c)(2)), by striking "(as"
and inserting ", as";
(4) in section 6 (7 U.S.C. 499f) --
(A) by adding a period at the end of subsection (c); and
(B) by striking the semicolon at the end of subsection (d) and
inserting a period;
(5) in section 7 (7 U.S.C. 499g), by striking the semicolon at
the end of subsections (a), (b), and (c) and inserting a period;
(6) in section 8(a) (7 U.S.C. 499h(a)) --
(A) by redesignating paragraphs (a) and (b) as paragraphs (1)
and (2), respectively; and
(B) by striking the semicolon at the end of the subsection and
inserting a period;
(7) in section 14(a) (7 U.S.C. 499n(a)) --
(A) by striking "(7 U.S.C., Supp. 2, secs. 1 to 17(a))" and
inserting "(7 U.S.C. 1 et seq.)"; and
(B) by striking the semicolon at the end of the subsection and
inserting a period; and
(8) by striking section 18 (7 U.S.C. 499r).
SEC. 1012. "21 USC 1031 note" EGG PRODUCTS INSPECTION.
(a) FINDINGS AND PURPOSES. --
(1) FINDINGS. -- Congress finds that --
(A) food borne illness is a serious health problem;
(B) its incidence can be reduced through proper handling of
food; and
(C) eggs are perishable and therefore are particularly
susceptible to supporting microbial growth if proper temperature
controls are not maintained.
(2) PURPOSES. -- It is the purpose of this section to
prescribe the temperature at which eggs are maintained in order to
reduce the potential for harmful microbial growth to protect the
health and welfare of consumers.
(b) INSPECTION OF EGG PRODUCTS. -- Section 5 of the Egg Products
Inspection Act (21 U.S.C. 1034) is amended by adding at the end the
following new subsection:
"(e)(1) Subject to paragraphs (2), (3), and (4), the Secretary shall
make such inspections as the Secretary considers appropriate of a
facility of an egg handler (including a transport vehicle) to determine
if shell eggs destined for the ultimate consumer --
"(A) are being held under refrigeration at an ambient
temperature of no greater than 45 degrees Fahrenheit after
packing; and
"(B) contain labeling that indicates that refrigeration is
required.
"(2) In the case of a shell egg packer packing eggs for the ultimate
consumer, the Secretary shall make an inspection in accordance with
paragraph (1) at least once each calendar quarter.
"(3) The Secretary of Health and Human Services shall cause such
inspections to be made as the Secretary considers appropriate to ensure
compliance with the requirements of paragraph (1) at food manufacturing
establishments, institutions, and restaurants, other than plants packing
eggs.
"(4) The Secretary shall not make an inspection as provided in
paragraph (1) on any egg handler with a flock of not more than 3,000
layers.
"(5) A representative of the Secretary and the Secretary of Health
and Human Services shall be afforded access to a place of business
referred to in this subsection, including a transport vehicle, for
purposes of making an inspection required under this subsection.".
(c) PROHIBITED ACTS. -- Section 8 of such Act (21 U.S.C. 1037) is
amended --
(1) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
"(c) No egg handler shall possess any eggs after the eggs have been
packed into a container that is destined for the ultimate consumer
unless the eggs are stored and transported under refrigeration at an
ambient temperature of no greater than 45 degrees Fahrenheit, as
prescribed by rules and regulations promulgated by the Secretary.".
(d) PENALTIES. -- Section 12 of such Act (21 U.S.C. 1041) is amended
--
(1) in the first sentence of subsection (a), by striking
"$1,000" and inserting "$5,000";
(2) by designating the last sentence of subsection (a) as
subsection (d) and transferring such subsection to the end of the
section;
(3) by redesignating subsection (b) as subsection (e) and
transferring such subsection to the end of the section;
(4) by redesignating subsection (c) as subsection (b); and
(5) by inserting after subsection (b) the following new
subsection:
"(c)(1)(A) Except as otherwise provided in this subsection, any
person who violates any provision of this Act or any regulation issued
under this Act, other than a violation for which a criminal penalty has
been imposed under this Act, may be assessed a civil penalty by the
Secretary of not more than $5,000 for each such violation. Each
violation to which this subparagraph applies shall be considered a
separate offense.
"(B) No penalty shall be assessed against any person under this
subsection unless the person is given notice and opportunity for a
hearing on the record before the Secretary in accordance with sections
554 and 556 of title 5, United States Code.
"(C) The amount of the civil penalty imposed under this subsection --
"(i) shall be assessed by the Secretary, by written order,
taking into account the gravity of the violation, degree of
culpability, and history of prior offenses; and
"(ii) may be reviewed only as provided in paragraph (2).
"(2)(A) The determination and order of the Secretary under this
subsection shall be final and conclusive unless the person against whom
such a violation is found under paragraph (1) files an application for
judicial review within 30 days after service of the order in the United
States court of appeals for the circuit in which the person has its
principal place of business or in the United States Court of Appeals for
the District of Columbia Circuit.
"(B) Judicial review of any such order shall be based on the record
on which the determination and order are based.
"(C) If the court determines that additional evidence needs to be
taken, the court shall order the hearing to be reopened for this purpose
in such manner and on such terms and conditions as the court considers
proper. The Secretary may modify the findings of the Secretary as to
the facts, or make new findings, on the basis of the additional evidence
so taken.
"(3) If any person fails to pay an assessment of a civil penalty
after the penalty has become a final and unappealable order, or after
the appropriate court of appeals has entered a final judgment in favor
of the Secretary, the Secretary shall refer the matter to the Attorney
General. The Attorney General shall institute a civil action to recover
the amount assessed in an appropriate district court of the United
States. In the collection action, the validity and appropriateness of
the Secretary's order imposing the civil penalty shall not be subject to
review.
"(4) All penalties collected under this subsection shall be paid into
the Treasury of the United States.
"(5) The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty assessed under this subsection.
"(6) Paragraph (1) shall not apply to an official plant.".
(e) REPORTING OF VIOLATION TO UNITED STATES ATTORNEY FOR INSTITUTION
OF CRIMINAL PROCEEDINGS. -- The last sentence of section 13 of such Act
(21 U.S.C. 1042) is amended by inserting before the period at the end
the following: "or an action to assess civil penalties".
(f) IMPORTS. -- Section 17(a) of such Act (21 U.S.C. 1046(a)) is
amended --
(1) by designating the first, second, and third sentences as
paragraphs (1), (2), and (4), respectively; and
(2) by inserting after paragraph (2) (as so designated) the
following new paragraph:
"(3) No eggs packed into a container that is destined for the
ultimate consumer shall be imported into the United States unless the
eggs are accompanied by a certification that the eggs have at all times
after packaging been stored and transported under refrigeration at an
ambient temperature of no greater than 45 degrees Fahrenheit, as
required by sections 5(e) and 8(c).".
(g) RELATION TO OTHER AUTHORITIES. -- The first sentence of section
23(b) of such Act (21 U.S.C. 1052(b)) is amended by striking "and (2)"
and inserting the following: "(2) with respect to egg handlers
specified in paragraphs (1) and (2) of section 5(e), no State or local
jurisdiction may impose temperature requirements pertaining to eggs
packaged for the ultimate consumer which are in addition to, or
different from, Federal requirements, and (3)".
(h) EFFECTIVE DATE. -- This section "21 USC 1034 note" and the
amendments made by this section shall become effective 12 months after
the Secretary of Agriculture promulgates final regulations implementing
this section and the amendments.
SEC. 1013. "7 USC 426 note" PREVENTION OF INTRODUCTION OF BROWN TREE
SNAKES TO HAWAII FROM GUAM.
(a) IN GENERAL. -- The Secretary of Agriculture shall, to the extent
practicable, take such action as may be necessary to prevent the
inadvertent introduction of brown tree snakes into other areas of the
United States from Guam.
(b) INTRODUCTION INTO HAWAII. -- The Secretary shall initiate a
program to prevent, to the extent practicable, the introduction of the
brown tree snake into Hawaii from Guam. In carrying out this section,
the Secretary shall consider the use of sniffer or tracking dogs, snake
traps, and other preventative processes or devices at aircraft and
vessel loading facilities on Guam, Hawaii, or intermediate sites serving
as transportation points that could result in the introduction of brown
tree snakes into Hawaii.
(c) AUTHORITY. -- The Secretary shall use the authority provided
under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.) to carry out
subsections (a) and (b).
(d) CONTROL OF BROWN TREE SNAKES. -- The Act of March 2, 1931 (46
Stat. 1468, chapter 370; 7 U.S.C. 426) is amended by inserting "brown
tree snakes," after "rabbits,".
(e) IMPORTATION OF BROWN TREE SNAKES. -- The first sentence of
section 42(a)(1) of title 18, United States Code, is amended by
inserting "brown tree snakes," after "reptiles,".
SEC. 1014. GRANT TO PREVENT AND CONTROL POTATO DISEASES.
Notwithstanding any other provision of law, funds available to the
Animal and Plant Health Inspection Service of the Department of
Agriculture for fiscal year 1992 shall be made available as a grant in
the amount of $530,000 to the State of Maine Department of Agriculture,
Food, and Rural Resources for potato disease detection, control,
prevention, eradication and related activities, including the payment of
compensation to persons for economic losses associated with such efforts
conducted or to be conducted in the State of Maine. Any unobligated
balances of funds previously appropriated or allocated for potato
disease efforts by the Secretary of Agriculture shall remain available
until expended by the Secretary.
SEC. 1015. COLLECTION OF FEES FOR INSPECTION SERVICES.
Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (21 U.S.C. 136a(a)) is amended --
(1) in paragraph (1) --
(A) by striking "(1) QUARANTINE AND INSPECTION. -- The
Secretary" and inserting the following:
"(1) QUARANTINE AND INSPECTION. --
"(A) IN GENERAL. -- The Secretary";
(B) by indenting 2 ems the left margin of paragraph (1); and
(C) by adding at the end the following new subpragraphs:
"(B) AIRPORT INSPECTION SERVICES. -- For airport inspection
services, the Secretary shall collect no more than $69,000,000 in
fiscal year 1992 and $75,000,000 in fiscal year 1993 from
international airline passengers and commercial aircraft
operators.
"(C) COMMERCIAL TRUCK AND RAILROAD CAR INSPECTION SERVICES. --
For commercial truck and railroad car inspection services, the
Secretary shall collect no more than $3,667,000 in fiscal year
1992 and $3,890,000 in fiscal year 1993 from commercial truck and
railroad car operators.
"(D) COSTS. -- Fees, including fees from international airline
passengers and commercial aircraft operators, may only be
collected to the extent that the Secretary reasonably estimates
that the amount of the fees are commensurate with the costs of
agricultural quarantine and inspection services with respect to
the class of persons or entities paying the fees. The costs of
such services with respect to passengers as a class includes the
costs of related inspections of the aircraft.";
(2) in paragraph (3)(B), by striking clause (ii) and inserting
the following new clause:
"(ii) REIMBURSEMENT. -- The Secretary of the Treasury shall
use the Account to provide reimbursements to any appropriation
accounts that incur the costs associated with the administration
of this subsection and all other activities carried out by the
Secretary at ports in the customs territory of the United States
and at preclearance or preinspection sites outside the customs
territory of the United States in connection with the enforcement
of the animal quarantine laws. Any such reimbursement shall be
subject to appropriations under clause (v)."; and
(3) in paragraph (4), by striking "The" and inserting "Subject
to the limits set forth in paragraph (1), the".
SEC. 1016. EXEMPTION AND STUDY OF CERTAIN FOOD PRODUCTS.
(a) AMENDMENTS TO FEDERAL MEAT INSPECTION ACT. -- Section 23 of the
Federal Meat Inspection Act (21 U.S.C. 623) is amended --
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
"(c)(1) Under such terms and conditions as the Secretary shall
prescribe through rules and regulations issued under section 24 that may
be necessary to ensure food safety and protect public health such as
special handling procedures, the Secretary shall exempt pizzas
containing a meat product from the inspection requirements of this Act
if --
"(A) the meat food product components of the pizzas have been
prepared, inspected, and passed in a cured or cooked form as
ready-to-eat in compliance with the requirements of this Act; and
"(B) the pizzas are to be served in public or private nonprofit
institutions.
"(2) The Secretary may withdraw or modify any exemption under this
subsection whenever the Secretary determines such action is necessary to
ensure food safety and to protect public health. The Secretary may
reinstate or further modify any exemption withdrawn or modified under
this subsection.".
(b) AMENDMENTS TO POULTRY PRODUCTS INSPECTION ACT. -- Section 15 of
the Poultry Products Inspection Act (21 U.S.C. 464) is amended --
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively;
(2) in subsection (e) (as so redesignated), by striking "(c)"
and inserting "(d)"; and
(3) by inserting after subsection (c) the following new
subsection:
"(d)(1) Under such terms and conditions as the Secretary shall
prescribe through rules and regulations issued under this section that
may be necessary to ensure food safety and protect public health such as
special handling procedures, the Secretary shall exempt pizzas
containing a poultry product from the inspection requirements of this
Act if --
"(A) the poultry product components of the pizzas have been
prepared, inspected, and passed in a cured or cooked form as
ready-to-eat in compliance with the requirements of this Act; and
"(B) the pizzas are to be served in public or private nonprofit
institutions.
"(2) The Secretary may withdraw or modify any exemption under this
subsection whenever the Secretary determines such action is necessary to
ensure food safety and to protect public health. The Secretary may
reinstate or further modify any exemption withdrawn or modified under
this subsection.".
(c) "21 USC 464 note" REGULATIONS. -- No later than August 1, 1992,
the Secretary of Agriculture shall issue finaL rules, through prior
notice and comment rulemaking procedures, to implement the exemption
authorized by section 23(c) of the Federal Meat Inspection Act (as added
by subsection (a)) and the exemption authorized by section 15(d) of the
Poultry Products Inspection Act (as added by subsection (bb). Prior to
the issuance of the final rules, the Secretary shall hold at least one
public hearing examining the public health and food safety issues raised
by the granting of the exemptions.
(d) "21 USC 464 note" STUDIES. --
(1) IN GENERAL. -- Not later than 24 months after the date of
enactment of this Act, the Secretary of Agriculture, in
consultation with the National Academy of Sciences, shall conduct
--
(A) a study to develop criteria for, and evaluate, present and
future inspection exemptions for meat food products and poultry
products under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), respectively, which shall examine the potential effect on
consumers, on the affected industries, on public health and food
safety, on the role of the Department of Agriculture, and the
scientific basis for the exemptions; and
(B) a study of the appropriateness of granting an exemption
from the requirements of the Federal Meat Inspection Act or the
Poultry Products Inspection Act, as appropriate, for wholesale
meat outlets selling to hotels, restaurants, or other similar
institutional users provided that the processing of meat by the
outlets is limited to cutting, slicing, grinding, or repackaging
into smaller quantities.
(2) RESULTS. -- On completion of each study required under
paragraph (1), the Secretary shall provide the results of the
study to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 1017. FEES FOR LABORATORY ACCREDITATION.
Section 1327 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 138f) is amended to read as follows:
"SEC. 1327. FEES.
"(a) IN GENERAL. -- At the time that an application for
accreditation is received by the Secretary and annually thereafter, a
laboratory seeking accreditation by the Secretary under the authority of
this subtitle, the Federal Meat Inspection Act (21 U.S.C. 601 et seq.),
or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) shall pay
to the Secretary a nonrefundable accreditation fee. All fees collected
by the Secretary shall be credited to the account from which the
expenses of the laboratory accreditation program are paid and, subject
to subsection (e), shall be available immediately and remain available
until expended to pay the expenses of the laboratory accreditation
program.
"(b) AMOUNT OF FEE. -- The fee required under this section shall be
established by the Secretary in an amount that will offset the cost of
the laboratory accreditation programs administered by the Secretary
under the statutory authorities set forth in subsection (a).
"(c) REIMBURSEMENT OF EXPENSES. -- Each laboratory that is
accredited under a statutory authority set forth in subsection (a) or
that has applied for accreditation under such authority shall reimburse
the Secretary for reasonable travel and other expenses necessary to
perform onsite inspections of the laboratory.
"(d) ADJUSTMENT OF FEES. -- The Secretary may, on an annual basis,
adjust the fees imposed under this section as necessary to support the
full costs of the laboratory accreditation programs carried out under
the statutory authorities set forth in subsection (a).
"(e) APPROPRIATIONS PREREQUISITE. -- No fees collected under this
section may be used to offset the cost of laboratory accreditation
without appropriations made under subsection (f).
"(f) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated each fiscal year such sums as may be necessary for
laboratory accreditation services under this section.".
SEC. 1018. STATE AND PRIVATE FORESTRY TECHNICAL AMENDMENTS.
(a) COOPERATIVE FORESTRY ASSISTANCE. -- The Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended --
(1) in section 5(d) (16 U.S.C. 2103a(d)), by striking "State
Foresters" each place it appears and inserting "State foresters";
(2) in section 7 (16 U.S.C. 2103c) --
(A) in subsection (d)(2), by striking "Not later than 1 year
after the date of enactment of this section," and inserting "Not
later than November 28, 1991,";
(B) in subsection (e), by striking "Within 1 year from the date
of enactment of this section and in consultation with State Forest
Stewardship Advisory Committees established under section 15(b)"
and inserting "Not later than November 28, 1991, and in
consultation with State Forest Stewardship Coordinating Committees
established under section 19(b)"; and
(C) in subsection (f), by striking "subsection (d)" and
inserting "subsection (e)";
(3) in section 9 (16 U.S.C. 2105) --
(A) in subsection (g)(1)(C), by striking "subsection (e)" and
inserting "subsection (f)";
(B) in subsection (g)(3)(E), by striking "subsection (e)" and
inserting "subsection (f)";
(C) in subsection (h)(1), by striking "subsection (f)" and
inserting "subsection (g)"; and
(D) in subsection (h)(2), by striking "subsection (f)(3)" and
inserting "subsection (g)(3)"; and
(4) in section 10(g)(2) (16 U.S.C. 2106(g)(2)), by striking
"fire fighting organization" and inserting "firefighting
organization".
(b) COMMISSION ON STATE AND PRIVATE FORESTS. -- Section 1245(g)(4)
of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101-624; 104 Stat. 3549; 16 U.S.C. 1601 note) is amended by
striking "the Director of the Office Technology Assessment may furnish".
(c) FOREST PRODUCTS INSTITUTE. -- Section 1247(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624;
104 Stat. 3551; 16 U.S.C. 2112 note) is amended by striking "in this
section" the second place it appears.
(d) RENEWABLE RESOURCES EXTENSION. -- Section 3(a) of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1672(a)) is amended --
(1) by striking "and" at the end of paragraph (8);
(2) by striking the period at the end of the first paragraph
(9) (as added by section 1219(b)(1) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104
Stat. 3539) and inserting "; and"; and
(3) by redesignating the second paragraph (9) (as added by
section 1251(b)(3) of such Act (104 Stat. 3552) as paragraph (10).
(e) AMERICA THE BEAUTIFUL. -- Section 1264(n)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624;
104 Stat. 3556; 16 U.S.C. 2101 note) is amended by striking "this Act"
and inserting "this subtitle".
(f) REFORESTATION ASSISTANCE. -- Section 1271(c)(3)(C) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624;
104 Stat. 3558; 16 U.S.C. 2106a) is amended --
(1) by inserting "(16 U.S.C. 2101 et seq.)" after "1978"; and
(2) by striking "(16 U.S.C. 590h, 590l, or 590p)" and inserting
"16 U.S.C. 590p(b))".
SEC. 1019. REPEAL OF PUBLIC LAW 76-543.
Public Law 76-543 "7 USC 516, 517" (54 Stat. 231) is hereby repealed.
SEC. 1101. "7 USC 1421 note" EFFECTIVE DATES.
(a) IN GENERAL. -- Except as otherwise provided in this Act, this
Act and the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) INCLUSION IN FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF
1990. -- The amendments made by the following provisions of this Act
shall take effect as if included in the provision of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624) to
which the amendment relates:
(1) Section 201 (other than section 201(h)).
(2) Section 307.
(3) Subsections (a) through (c), (e), (h), and (i) of section
501.
(4) Subsections (a), (b), (f) through (i), and (l) of section
502.
(5) Section 602(c).
(6) Section 701 (except as provided in subsection (c) of this
section).
(7) Section 702.
(8) Section 703(c).
(c) MISCELLANEOUS AMENDMENTS TO CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT. -- The amendments made by section 701(h) of this Act
to any provision specified therein shall take effect as if such
amendments had been included in the Act that added the provision so
specified at the time such Act became law.
(d) FOOD AND NUTRITION PROGRAMS. --
(1) IN GENERAL. -- Except as otherwise provided in this
subsection, title IX of this Act, and the amendments made by title
IX of this Act, shall take effect and be implemented no later than
February 1, 1992.
(2) PASS ACCOUNTS EXCLUSION. --
(A) IN GENERAL. -- The amendment made by section 903(3) of
this Act shall take effect on the earlier of --
(i) the date of enactment of this Act;
(ii) October 1, 1990, for food stamp households for which the
State agency knew, or had notice, that a member of the household
had a plan for achieving self-support as provided under section
1612(b)(4)(B)(iv) of the Social Security Act (42 U.S.C.
1382a(b)(4)(B)(iv); or
(iii) beginning on the date that a fair hearing was requested
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
contesting the denial of an exclusion for food stamp purposes for
amounts necessary for the fulfillment of such a plan for achieving
self-support.
(B) LIMITATION ON APPLICATION OF SECTION. -- Notwithstanding
section 11(b) of the Food Stamp Act of 1977 (as redesignated by
section 941(6) of this Act), no State agency shall be required to
search its files for cases to which the amendment made by section
903(3) of this Act applies, except where the excludability of
amounts described in section 5(d)(16) of the Food Stamp Act of
1977 (as added by section 903(3) of this Act) was raised with the
State agency prior to the date of enactment of the Act.
(3) PERFORMANCE STANDARDS FOR EMPLOYMENT AND TRAINING PROGRAMS.
-- The amendments made by section 908 of this Act shall take
effect on September 30, 1991.
(4) RECOVERY OF CLAIMS CAUSED BY NONFRAUDULENT HOUSEHOLD
ERRORS. -- The amendment made by section 911 of this Act shall
take effect on the date of enactment of this Act.
(5) DEFINITION OF RETAIL FOOD STORE. -- The amendment made by
section 913 of this Act shall take effect on October 1, 1990, and
shall not apply with respect to any period occurring before such
date.
Approved December 13, 1991.
LEGISLATIVE HISTORY -- H.R. 3029:
HOUSE REPORTS: No. 102-175 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 137 (1991): July 30, 31, considered and
passed House. Nov. 22, considered and passed Senate, amended. Nov. 26,
House concurred in Senate amendment with an amendment. Senate concurred
in House amendment.
Public Law 102-236, 105 Stat. 1812
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 "Abandoned Infants Assistance Act
Amendments "42 USC 670 note" of 1991".
SEC. 2. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C.
670 note) is amended --
(1) in paragraph (3), by striking "the vast majority" and
inserting "an unacceptable number";
(2) in paragraph (6), by striking "the number of cases" and all
that follows and inserting the following: "the number of infants
and young children who are infected with the human
immunodeficiency virus (which is believed to cause acquired immune
deficiency syndrome and which is commonly known as HIV) or who
have been perinatally exposed to the virus or to a dangerous
drug;";
(3) in paragraph (7) --
(A) by striking "more than 80 percent of" and inserting "many
such" before "infants"; and
(B) by striking "with acquired immune deficiency syndrome";
(4) in paragraph (8) --
(A) by inserting "such" before "infants"; and
(B) by striking "with acquired immune deficiency syndrome";
and
(5)(A) in paragraph (9), by striking "and" at the end;
(B) by redesignating paragraph (10) as paragraph (11); and
(C) by inserting after paragraph (9) the following new
paragraph:
"(10) there is a need to support the families of such infants
and young children through the provision of services that will
prevent the abandonment of the infants and children; and".
SEC. 3. PROGRAM OF DEMONSTRATION PROJECTS REGARDING INFANTS AND
YOUNG CHILDREN ABANDONED IN HOSPITALS.
(a) PRIORITY REGARDING CERTAIN INFANTS AND YOUNG CHILDREN. --
(1) IN GENERAL. -- Section 101 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is amended --
(A) by redesignating subsections (b) through (f) as subsections
(c) through (g), respectively; and
(B) by inserting after subsection (a) the following new
subsection:
"(b) PRIORITY IN PROVISION OF SERVICES. -- The Secretary may not
make a grant under subsection (a) unless the applicant for the grant
agrees that, in carrying out the purpose described in subsection (a)
(other than with respect to paragraph (6) of such subsection), the
applicant will give priority to abandoned infants and young children --
"(1) who are infected with the human immunodeficiency virus or
who have been perinatally exposed to the virus; or
"(2) who have been perinatally exposed to a dangerous drug.".
(2) CONFORMING AMENDMENTS. -- Section 101 of the Abandoned
Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended --
(A) in subsection (a) --
(i) in paragraph (6), by striking "with acquired immune
deficiency syndrome" and inserting "described in subsection (b)";
(ii) in each of paragraphs (2), (4), (5), and (7), by striking
", particularly those with acquired immune deficiency syndrome";
and
(iii) in paragraph (3), by striking ", particularly those with
acquired immune deficiency syndrome,"; and
(B) in subsection (d)(1) (as redesignated by paragraph (1)(A)
of this subsection), by striking "(d)" and inserting "(e)".
(b) COMPREHENSIVE SERVICE CENTERS. -- Section 101(a) of the
Abandoned Infants Assistance Act of 1988, as amended by subsection (a)
of this section, is amended --
(1) in paragraph (6), by striking "and" after the semicolon at
the end;
(2) in paragraph (7), by striking the period at the end and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(8) to prevent the abandonment of infants and young children,
and to care for the infants and young children who have been
abandoned, through model programs providing health, educational,
and social services at a single site in a geographic area in which
a significant number of infants and young children described in
subsection (b) reside (with special consideration given to
applications from entities that will provide the services of the
project through community-based organizations).".
(c) OTHER REVISIONS REGARDING PURPOSE OF GRANTS. -- Section 101(a)
of the Abandoned Infants Assistance Act of 1988, as amended by
subsections (a) and (b) of this section, is amended --
(1) in paragraph (1), by inserting before the semicolon the
following: ", including the provision of services to members of
the natural family for any condition that increases the
probability of abandonment of an infant or young child"; and
(2) in paragraph (5), by inserting before the semicolon the
following: "who are unable to reside with their families or to be
placed in foster care".
(d) ADMINISTRATION OF GRANT. -- Section 101(d) of the Abandoned
Infants Assistance Act of 1988, as redesignated and amended by
subsection (a) of this section, is amended --
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) in the matter preceding subparagraph (A) (as so
redesignated), by striking "(d) ADMINISTRATION" and all that
follows through "The Secretary" and inserting the following:
"(d) ADMINISTRATION OF GRANT. --
"(1) The Secretary";
(3) by moving each of subparagraphs (A) through (D) (as so
redesignated) 2 ems to the right; and
(4) by adding at the end the following new paragraph:
"(2) Subject to the availability of amounts made available in
appropriations Acts for the fiscal year involved, the duration of
a grant under subsection (a) shall be for a period of 3 years,
except that the Secretary --
"(A) may terminate the grant if the Secretary determines that
the entity involved has substantially failed to comply with the
agreements required as a condition of the provision of the grant;
and
"(B) shall continue the grant for one additional year if the
Secretary determines that the entity has satisfactorily complied
with such agreements.".
SEC. 4. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
(a) DISSEMINATION OF INFORMATION TO INDIVIDUALS WITH SPECIAL NEEDS.
-- Section 102 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended --
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
"(b) DISSEMINATION OF INFORMATION TO INDIVIDUALS WITH SPECIAL NEEDS.
--
"(1)(A) The Secretary may enter into contracts or cooperative
agreements with public or nonprofit private entities for the
development and operation of model projects to disseminate the
information described in subparagraph (B) to individuals who are
disproportionately at risk of dysfunctional behaviors that lead to
the abandonment of infants or young children.
"(B) The information referred to in subparagraph (A) is
information on the availability to individuals described in such
subparagraph, and the families of the individuals, of financial
assistance and services under Federal, State, local, and private
programs providing health services, mental health services,
educational services, housing services, social services, or other
appropriate services.
"(2) The Secretary may not provide a contract or cooperative
agreement under paragraph (1) to an entity unless --
"(A) the entity has demonstrated expertise in the functions
with respect to which such financial assistance is to be provided;
and
"(B) the entity agrees that in disseminating information on
programs described in such paragraph, the entity will give
priority --
"(i) to providing the information to individuals described in
such paragraph who --
"(I) engage in the abuse of alcohol or drugs, who are infected
with the human immunodeficiency virus, or who have limited
proficiency in speaking the English language; or
"(II) have been historically underserved in the provision of
the information; and
"(ii) to providing information on programs that are operated in
the geographic area in which the individuals involved reside and
that will assist in eliminating or reducing the extent of
behaviors described in such paragraph.
"(3) In providing contracts and cooperative agreements under
paragraph (1), the Secretary may not provide more than 1 such
contract or agreement with respect to any geographic area.
"(4) Subject to the availability of amounts made available in
appropriations Acts for the fiscal year involved, the duration of
a contract or cooperative agreement under paragraph (1) shall be
for a period of 3 years, except that the Secretary may terminate
such financial assistance if the Secretary determines that the
entity involved has substantially failed to comply with the
agreements required as a condition of the provision of the
assistance.".
(b) STUDY. -- Section 102(c) of the Abandoned Infants Assistance Act
of 1988, "42 USC 670 note" as amended by subsection (a) of this
subsection, is amended --
(1) in paragraph (1)(A), by striking "infants who have acquired
immune deficiency syndrome" and inserting "infants and young
children who are infants and young children described in section
101(b)"; and
(2) in paragraph (2), by striking "The Secretary and all that
follows through "Act," and inserting the following: "Not later
than April 1, 1992, the Secretary shall".
SEC. 5. DEFINITIONS.
Section 103 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
"SEC. 103. DEFINITIONS.
"For purposes of this title:
"(1) The terms 'abandoned' and 'abandonment', with respect to
infants and young children, mean that the infants and young
children are medically cleared for discharge from acute-care
hospital settings, but remain hospitalized because of a lack of
appropriate out-of-hospital placement alternatives.
"(2) The term 'dangerous drug' means a controlled substance, as
defined in section 102 of the Controlled Substances Act.
"(3) The term 'natural family' shall be broadly interpreted to
include natural parents, grandparents, family members, guardians,
children residing in the household, and individuals residing in
the household on a continuing basis who are in a care-giving
situation with respect to infants and young children covered under
this Act.".
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended by striking "For the purpose" and all that
follows and inserting the following:
"(a) IN GENERAL. --
"(1) For the purpose of carrying out this title (other than
section 102(b)), there are authorized to be appropriated
$20,000,000 for fiscal year 1992, $25,000,000 for fiscal year
1993, $30,000,000 for fiscal year 1994, and $35,000,000 for fiscal
year 1995.
"(2)(A) Of the amounts appropriated under paragraph (1) for any
fiscal year in excess of the amount appropriated under this
subsection for fiscal year 1991, as adjusted in accordance with
subparagraph (B), the Secretary shall make available not less than
50 percent for grants under section 101(a) to carry out projects
described in paragraph (8) of such section.
"(B) For purposes of subparagraph (A), the amount relating to
fiscal year 1991 shall be adjusted for a fiscal year to a greater
amount to the extent necessary to reflect the percentage increase
in the consumer price index for all urban consumers (U.S. city
average) for the 12-month period ending with March of the
preceding fiscal year.
"(3) Not more than 5 percent of the amounts appropriate under
paragraph (1) for any fiscal year may be obligated for carrying
out section 102(a).
"(b) DISSEMINATION OF INFORMATION FOR INDIVIDUALS WITH SPECIAL NEEDS.
-- For the purpose of carrying out section 102(b), there is authorized
to be appropriated $5,000,000 for each of the fiscal years 1992 through
1995.
"(c) ADMINISTRATIVE EXPENSES. --
"(1) For the purpose of the administration of this title by the
Secretary, there is authorized to be appropriated for each fiscal
year specified in subsection (a)(1) an amount equal to 5 percent
of the amount authorized in such subsection to be appropriated for
the fiscal year. With respect to the amounts appropriated under
such subsection, the preceding sentence may not be construed to
prohibit the expenditure of the amounts for the purpose described
in such sentence.
"(2) The Secretary may not obligate any of the amounts
appropriated under paragraph (1) for a fiscal year unless, from
the amounts appropriated under subsection (a)(1) for the fiscal
year, the Secretary has obligated for the purpose described in
such paragraph an amount equal to the amounts obligated by the
Secretary for such purpose in fiscal year 1991.
"(d) AVAILABILITY OF FUNDS. -- Amounts appropriated under this
section shall remain available until expended.".
SEC. 7. CONFORMING AMENDMENT.
The heading for title I of the Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note) is amended to read as follows:
SEC. 8. TERMINATION OF PROGRAM.
Section 105 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is repealed.
SEC. 9. OLDER WORKERS BENEFIT PROTECTION ACT AMENDMENT.
Amend section 105 of the Older Workers Benefit Protection Act (Public
Law 101-433) "29 USC 623 note" by striking the semicolon at the end of
paragraph (b)(1) and inserting thereafter the following: "; or that is
a result of pattern collective bargaining in an industry where the
agreement setting the pattern was ratified after September 20, 1990, but
prior to the date of enactment, and the final agreement in the industry
adhering to the pattern was ratified after the date of enactment, but
not later than November 20, 1990;".
Approved December 12, 1991.
LEGISLATIVE HISTORY -- S. 1532 (H.R. 2722):
HOUSE REPORTS: No. 102-209, Pt. 1 (Comm. on Education and Labor) and
Pt. 2 (Comm. on Energy and Commerce) both accompanying H.R. 2722.
SENATE REPORTS: No. 102-161 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 29, considered and
passed Senate. Nov. 19, H.R. 2722 considered and passed House; S.
1532, amended, passed in lieu. Nov. 26, Senate concurred in House
amendments with an amendment. House concurred in Senate amendment.
Public Law 102-235, 105 Stat. 1806
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "29 USC 1501 note" SHORT TITLE.
This Act "29 USC 1501 note" may be cited as the "Nontraditional
Employment for Women Act".
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS. -- The Congress finds that --
(1) over 7,000,000 families in the United States live in
poverty, and over half of those families are single parent
households headed by women;
(2) women stand to improve their economic security and
independence through the training and other services offered under
the Job Training Partnership Act;
(3) women participating under the Job Training Partnership Act
tend to be enrolled in programs for traditionally female
occupations;
(4) many of the Job Training Partnership Act programs that have
low female enrollment levels are in fields of work that are
nontraditional for women;
(5) employment in traditionally male occupations leads to
higher wages, improved job security, and better long-range
opportunities than employment in traditionally female-dominated
fields;
(6) the long-term economic security of women is served by
increasing nontraditional employment opportunities for women; and
(7) older women reentering the work force may have special
needs in obtaining training and placement in occupations providing
economic security.
(b) STATEMENT OF PURPOSE. -- The purposes of this Act are --
(1) to encourage efforts by the Federal, State, and local
levels of government aimed at providing a wider range of
opportunities for women under the Job Training Partnership Act;
(2) to provide incentives to establish programs that will
train, place, and retain women in nontraditional fields; and
(3) to facilitate coordination between the Job Training
Partnership Act and the Carl D. Perkins Vocational and Applied
Technology Education Act to maximize the effectiveness of
resources available for training and placing women in
nontraditional employment.
SEC. 3. "29 USC 1503" DEFINITION.
Section 4 of the Job Training Partnership Act (hereinafter referred
to as the "Act") is amended by adding at the end thereof the following
new paragraph:
"(30) The term 'nontraditional employment' as applied to women
refers to occupations or fields of work where women comprise less
than 25 percent of the individuals employed in such occupation or
field of work.".
SEC. 4. SERVICE DELIVERY AREA JOB TRAINING PLAN.
Section 104(b) of the Act "29 USC 1514" is amended --
(1) by redesignating paragraphs (5), (6), (7), (8), (9), (10),
and (11) as paragraphs (6), (7), (8), (9), (10), (11), and (12),
respectively;
(2) by inserting after paragraph (4) the following new
paragraph:
"(5) goals for --
"(A) the training of women in nontraditional employment; and
"(B) the training-related placement of women in nontraditional
employment and apprenticeships;
and a description of efforts to be undertaken to accomplish
such goals, including efforts to increase awareness of such
training and placement opportunities;"; and
(3) in paragraph (12), as redesignated in paragraph (1) above,
by --
(A) striking "and" at the end of subparagraph (B);
(B) striking the period at the end of subparagraph (C) and
inserting in lieu thereof a semicolon; and
(C) adding after subparagraph (C) the following new
subparagraphs:
"(D) the extent to which the service delivery area has met its
goals for the training and training-related placement of women in
nontraditional employment and apprenticeships; and
"(E) a statistical breakdown of women trained and placed in
nontraditional occupations, including --
"(i) the type of training received, by occupation;
"(ii) whether the participant was placed in a job or
apprenticeship, and, if so, the occupation and the wage at
placement;
"(iii) the participant's age;
"(iv) the participant's race; and
"(v) information on retention of the participant in
nontraditional employment.".
SEC. 5. GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN.
(a) IN GENERAL. -- Section 121(b) of the Act "29 USC 1531" is
amended by --
(1) redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) The plan shall include goals for --
"(A) the training of women in nontraditional employment through
funds available under the Job Training Partnership Act, the Carl
D. Perkins Vocational and Applied Technology Education Act, and
other sources of Federal and State support;
"(B) the training-related placement of women in nontraditional
employment and apprenticeships;
"(C) a description of efforts to be undertaken to accomplish
such goals, including efforts to increase awareness of such
training and placement opportunities; and
"(D) a description of efforts to coordinate activities provided
pursuant to the Job Training Partnership Act and the Carl D.
Perkins Vocational and Applied Technology Education Act to train
and place women in nontraditional employment.".
(b) SPECIAL PROGRAMS. -- Section 121(c) "29 USC 1531" of the Act is
amended by --
(1) redesignating paragraphs (9) and (10) as paragraphs (10)
and (11), respectively; and
(2) inserting after paragraph (8) the following new paragraph:
"(9) providing programs and related services to encourage the
recruitment of women for training, placement, and retention in
nontraditional employment;".
SEC. 6. STATE JOB TRAINING COORDINATING COUNCIL.
Section 122(b) "29 USC 1532" of the Act is amended by --
(1) redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) inserting after paragraph (4) the following new paragraphs:
"(5) review the reports made pursuant to subparagraphs (D) and
(E) of section 104(b)(12) and make recommendations for technical
assistance and corrective action, based on the results of such
reports;
"(6) prepare a summary of the reports made pursuant to
subparagraphs (D) and (E) of section 104(b)(12) detailing
promising service delivery approaches developed in each service
delivery area for the training and placement of women in
nontraditional occupations, and disseminate annually such summary
to service delivery areas, service providers throughout the State,
and the Secretary;
"(7) review the activities of the Governor to train, place, and
retain women in nontraditional employment, including activities
under section 123, prepare a summary of activities and an analysis
of results, and disseminate annually such summary to service
delivery areas, service providers throughout the State, and the
Secretary;
"(8) consult with the sex equity coordinator established under
section 111(b) of the Carl D. Perkins Vocational and Applied
Technology Education Act, obtain from the sex equity coordinator a
summary of activities and an analysis of results in training women
in nontraditional employment under the Carl D. Perkins Vocational
and Applied Technology Education Act, and disseminate annually
such summary to service delivery areas, service providers
throughout the State, and the Secretary;".
SEC. 7. STATE EDUCATION COORDINATION AND GRANTS.
(a) STATE EDUCATION COORDINATION AND GRANTS. -- Section 123(a) of
the Act "29 USC 1533" is amended by --
(1) striking "and" at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon and "and"; and
(3) inserting the following new paragraph at the end thereof:
"(4) to provide statewide coordinated approaches, including
model programs, to train, place, and retain women in
nontraditional employment.".
(b) USE OF FUNDS. -- Section 123(c) "29 USC 1533" is amended --
(1) in paragraph (2)(B) by striking "(1) and (3)" and inserting
in lieu thereof "(1), (3), and (4)"; and
(2) in paragraph (3) by striking "(1) and (3)" and inserting in
lieu thereof "(1), (3), and (4)".
SEC. 8. USE OF FUNDS.
Section 204 "29 USC 1604" of the Act is amended by --
(1) redesignating paragraphs (27) and (28) as paragraphs (28)
and (29), respectively; and
(2) inserting after paragraph (26) the following new paragraph:
"(27) outreach, to develop awareness of, and encourage
participation in, education, training services, and work
experience programs to assist women in obtaining nontraditional
employment, and to facilitate the retention of women in
nontraditional employment, including services at the site of
training or employment,".
SEC. 9. DEMONSTRATION PROGRAMS.
Part D of title IV of the Act is amended by adding at the end thereof
the following new section:
"SEC. 457. "29 USC 1737" (a)(1) From funds available under this part
for each of the fiscal years 1992, 1993, 1994, and 1995, the Secretary
shall use $1,500,000 in each such fiscal year to make grants to States
to develop demonstration and exemplary programs to train and place women
in nontraditional employment.
"(2) The Secretary may award no more than 6 grants in each fiscal
year.
"(b) In awarding grants pursuant to subsection (a), the Secretary
shall consider --
"(1) the level of coordination between the Job Training
Partnership Act and other resources available for training women
in nontraditional employment;
"(2) the extent of private sector involvement in the
development and implementation of training programs under the Job
Training Partnership Act;
"(3) the extent to which the initiatives proposed by a State
supplement or build upon existing efforts in a State to train and
place women in nontraditional employment;
"(4) whether the proposed grant amount is sufficient to
accomplish measurable goals;
"(5) the extent to which a State is prepared to disseminate
information on its demonstration training programs; and
"(6) the extent to which a State is prepared to produce
materials that allow for replication of such State's demonstration
training programs.
"(c)(1) Each State receiving financial assistance pursuant to this
section may use such funds to --
"(A) award grants to service providers in the State to train
and otherwise prepare women for nontraditional employment;
"(B) award grants to service delivery areas that plan and
demonstrate the ability to train, place, and retain women in
nontraditional employment; and
"(C) award grants to service delivery areas on the basis of
exceptional performance in training, placing, and retaining women
in nontraditional employment.
"(2) Each State receiving financial assistance pursuant to subsection
(c)(1)(A) may only award grants to --
"(A) community based organizations,
"(B) educational institutions, or
"(C) other service providers,
that have demonstrated success in occupational skills training.
"(3) Each State receiving financial assistance under this section
shall ensure, to the extent possible, that grants are awarded for
training, placing, and retaining women in growth occupations with
increased wage potential.
"(4) Each State receiving financial assistance pursuant to subsection
(c)(1)(B) or (c)(1)(C) may only award grants to service delivery areas
that have demonstrated ability or exceptional performance in training,
placing, and retaining women in nontraditional employment that is not
attributable or related to the activities of any service provider
awarded funds under subsection (c)(1)(A).
"(d) In any fiscal year in which a State receives a grant pursuant to
this section such State may retain an amount not to exceed 10 percent of
such grant to --
"(1) pay administrative costs,
"(2) facilitate the coordination of statewide approaches to
training and placing women in nontraditional employment, or
"(3) provide technical assistance to service providers.
"(e) The Secretary shall provide for evaluation of the demonstration
programs carried out pursuant to this section, including evaluation of
the demonstration programs' effectiveness in --
"(1) preparing women for nontraditional employment, and
"(2) developing and replicating approaches to train and place
women in nontraditional employment.".
SEC. 10. "29 USC 1737 note" REPORT AND RECOMMENDATIONS.
(a) REPORT. -- The Secretary of Labor shall report to the Congress
within 5 years of the date of enactment of this Act on --
(1) the extent to which States and service delivery areas have
succeeded in training, placing, and retaining women in
nontraditional employment, together with a description of the
efforts made and the results of such efforts; and
(2) the effectiveness of the demonstration programs established
by section 457 of the Job Training Partnership Act in developing
and replicating approaches to train and place women in
nontraditional employment, including a summary of activities
performed by grant recipients under the demonstration programs
authorized by section 457 of the Job Training Partnership Act.
(b) RECOMMENDATIONS. -- The report described in subsection (a) shall
include recommendations on the need to continue, expand, or modify the
demonstration programs established by section 457 of the Job Training
Partnership Act, as well as recommendations for legislative and
administrative changes necessary to increase nontraditional employment
opportunities for women under the Job Training Partnership Act.
SEC. 11. "29 USC 1501 note" DISCRIMINATION.
(a) For purposes of this legislation, nothing in this Act shall be
construed to mean that Congress is taking a position on the issue of
comparable worth.
(b) Nothing in this Act shall be construed to require, sanction or
authorize discrimination in violation of title VII of the Civil Rights
Act of 1964 or any other Federal law prohibiting discrimination on the
basis of race, color, religion, sex, national origin, handicap, or age.
No individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in
any program under this Act because of race, color, religion, sex,
national origin, age, handicap, political affiliation or belief.
Failure to meet the goals in the Act shall not itself constitute a
violation of title VII of the Civil Rights Act of 1964 or any other
Federal law prohibiting discrimination on the basis of race, color,
religion, sex, national origin, handicap, or age.
SEC. 12. "29 USC 1514 note" EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
the date of enactment of this Act, except that the requirements imposed
by sections 4, 5, and 6 of this Act shall apply to the plan or report
filed or reviewed for program years beginning on or after July 1, 1992.
Approved December 12, 1991.
LEGISLATIVE HISTORY -- S. 367:
SENATE REPORTS: No. 102-65 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed Senate and House.
Public Law 102-234, 105 Stat. 1793
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 "Medicaid Voluntary
Contribution and Provider-Specific Tax Amendments of 1991".
SEC. 2. PROHIBITION ON USE OF VOLUNTARY CONTRIBUTIONS, AND
LIMITATION ON THE USE OF PROVIDER-SPECIFIC TAXES TO OBTAIN FEDERAL
FINANCIAL PARTICIPATION UNDER MEDICAID.
(a) IN GENERAL. -- Section 1903 of the Social Security Act (42
U.S.C. 1396b) is amended by adding at the end the following new
subsection.
"(w)(1)(A) Notwithstanding the previous provisions of this section,
for purposes of determining the amount to be paid to a State (as defined
in paragraph (7)(D)) under subsection (a)(1) for quarters in any fiscal
year, the total amount expended during such fiscal year as medical
assistance under the State plan (as determined without regard to this
subsection) shall be reduced by the sum of any revenues received by the
State (or by a unit of local government in the State) during the fiscal
year --
"(i) from provider-related donations (as defined in paragraph
(2)(A)), other than --
"(I) bona fide provider-related donations (as defined in
paragraph (2)(B)), and
"(II) donations described in paragraph (2)(C);
"(ii) health care related taxes (as defined in paragraph
(3)(A)), other than broad-based health cared related taxes (as
defined in paragraph (3)(B));
"(iii) from a broad-based health care related tax, if there is
in effect a hold harmless provision (described in paragraph (4))
with respect to the tax; or
"(iv) only with respect to State fiscal years (or portions
thereof) occurring on or after January 1, 1992, and before October
1, 1995, from broad-based health care related taxes to the extent
the amount of such taxes collected exceeds the limit established
under paragraph (5).
"(B) Notwithstanding the previous provisions of this section, for
purposes of determining the amount to be paid to a State under
subsection (a)(7) for all quarters in a Federal fiscal year (beginning
with fiscal year 1993), the total amount expended during the fiscal year
for administrative expenditures under the State plan (as determined
without regard to this subsection) shall be reduced by the sum of any
revenues received by the State (or by a unit of local government in the
State) during such quarters from donations described in paragraph
(2)(C), to the extent the amount of such donations exceeds 10 percent of
the amounts expended under the State plan under this title during the
fiscal year for purposes described in paragraphs (2), (3), (4), (6), and
(7) of subsection (a).
"(C)(i) Except as otherwise provided in clause (ii), subparagraph
(A)(i) shall apply to donations received on or after January 1, 1992.
"(ii) Subject to the limits described in clause (iii) and
subparagraph (E), subparagraph (A)(i) shall not apply to donations
received before the effective date specified in subparagraph (F) if such
donations are received under programs in effect or as described in State
plan amendments or related documents submitted to the Secretary by
September 30, 1991, and applicable to State fiscal year 1992, as
demonstrated by State plan amendments, written agreements, State budget
documentation, or other documentary evidence in existence on that date.
"(iii) In applying clause (ii) in the case of donations received in
State fiscal year 1993, the maximum amount of such donations to which
such clause may be applied may not exceed the total amount of such
donations received in the corresponding period in State fiscal year 1992
(or not later than 5 days after the last day of the corresponding
period).
"(D)(i) Except as otherwise provided in clause (ii), subparagraphs
(A)(ii) and (A)(iii) shall apply to taxes received on or after January
1, 1992.
"(ii) Subparagraphs (A)(ii) and (A)(iii) shall not apply to
impermissible taxes (as defined in clause (iii)) received before the
effective date specified in subparagraph (F) to the extent the taxes
(including the tax rate or base) were in effect, or the legislation or
regulations imposing such taxes were enacted or adopted, as of November
22, 1991.
"(iii) In this subparagraph and subparagraph (E), the term
'impermissible tax' means a health care related tax for which a
reduction may be made under clause (ii) or (iii) of subparagraph (A).
"(E)(i) In no case may the total amount of donations and taxes
permitted under the exception provided in subparagraphs (C)(ii) and
(D)(ii) for the portion of State fiscal year 1992 occurring during
calendar year 1992 exceed the limit under paragraph (5) minus the total
amount of broad-based health care related taxes received in the portion
of that fiscal year.
"(ii) In no case may the total amount of donations and taxes
permitted under the exception provided in subparagraphs (C)(ii) and
(D)(ii) for State fiscal year 1993 exceed the limit under paragraph (5)
minus the total amount of broad-based health care related taxes received
in that fiscal year.
"(F) In this paragraph in the case of a State --
"(i) except as provided in clause (iii), with a State fiscal
year beginning on or before July 1, the effective date is October
1, 1992,
"(ii) except as provided in clause (iii), with a State fiscal
year that begins after July 1, the effective date is January 1,
1993, or
"(iii) with a State legislature which is not scheduled to have
a regular legislative session in 1992, with a State legislature
which is not scheduled to have a regular legislative session in
1993, or with a provider-specific tax enacted on November 4, 1991,
the effective date is July 1, 1993.
"(2)(A) In this subsection (except as provided in paragraph (6)), the
term 'provider-related donation' means any donation or other voluntary
payment (whether in cash or in kind) made (directly or indirectly) to a
State or unit of local government by --
"(i) a health care provider (as defined in paragraph (7)(B)),
"(ii) an entity related to a health care provider (as defined
in paragraph (7)(C)), or
"(iii) an entity providing goods or services under the State
plan for which payment is made to the State under paragraph (2),
(3), (4), (6), or (7) of subsection (a).
"(B) For purposes of paragraph (1)(A)(i)(I), the term 'bona fide
provider-related donation' means a provider-related donation that has no
direct or indirect relationship (as determined by the Secretary) to
payments made under this title to that provider, to providers furnishing
the same class of items and services as that provider, or to any related
entity, as established by the State to the satisfaction of the
Secretary. The Secretary may by regulation specify types of
provider-related donations described in the previous sentence that will
be considered to be bona fide provider-related donations.
"(C) For purposes of paragraph (1)(A)(i)(II), donations described in
this subparagraph are funds expended by a hospital, clinic, or similar
entity for the direct cost (including costs of training and of preparing
and distributing outreach materials) of State or local agency personnel
who are stationed at the hospital, clinic, or entity to determine the
eligibility of individuals for medical assistance under this title and
to provide outreach services to eligible or potentially eligible
individuals.
"(3)(A) In this subsection (except as provided in paragraph (6)), the
term 'health care related tax' means a tax (as defined in paragraph
(7)(F)) that --
"(i) is related to health care items or services, or to the
provision of, the authority to provide, or payment for, such items
or services, or
"(ii) is not limited to such items or services but provides for
treatment of individuals or entities that are providing or paying
for such items or services that is different from the treatment
provided to other individuals or entities.
In applying clause (i), a tax is considered to relate to health care
items or services if at least 85 percent of the burden of such tax falls
on health care providers.
"(B) In this subsection, the term 'broad-based health care related
tax' means a health care related tax which is imposed with respect to a
class of health care items or services (as described in paragraph
(7)(A)) or with respect to providers of such items or services and
which, except as provided in subparagraphs (D) and (E) --
"(i) is imposed at least with respect to all items or services
in the class furnished by all non-Federal, nonpublic providers in
the State (or, in the case of a tax imposed by a unit of local
government, the area over which the unit has jurisdiction) or is
imposed with respect to all non-Federal, nonpublic providers in
the class; and
"(ii) is imposed uniformly (in accordance with subparagraph
(C)).
"(C)(i) Subject to clause (ii), for purposes of subparagraph (B)(ii),
a tax is considered to be imposed uniformly if --
"(I) in the case of a tax consisting of a licensing fee or
similar tax on a class of health care items or services (or
providers of such items or services), the amount of the tax
imposed is the same for every provider providing items or services
within the class;
"(II) in the case of a tax consisting of a licensing fee or
similar tax imposed on a class of health care items or services
(or providers of such services) on the basis of the number of beds
(licensed or otherwise) of the provider, the amount of the tax is
the same for each bed of each provider of such items or services
in the class;
"(III) in the case of a tax based on revenues or receipts with
respect to a class of items or services (or providers of items or
services) the tax is imposed at a uniform rate for all items and
services (or providers of such items or services) in the class on
all the gross revenues or receipts, or net operating revenues,
relating to the provision of all such items or services (or all
such providers) in the State (or, in the case of a tax imposed by
a unit of local government within the State, in the area over
which the unit has jurisdiction); or
"(IV) in the case of any other tax, the State establishes to
the satisfaction of the Secretary that the tax is imposed
uniformly.
"(ii) Subject to subparagraphs (D) and (E), a tax imposed with
respect to a class of health care items and services is not considered
to be imposed uniformly if the tax provides for any credits, exclusions,
or deductions which have as their purpose or effect the return to
providers of all or a portion of the tax paid in a manner that is
inconsistent with subclauses (I) and (II) of subparagraph (E)(ii) or
provides for a hold harmless provision described in paragraph (4).
"(D) A tax imposed with respect to a class of health care items and
services is considered to be imposed uniformly --
"(i) notwithstanding that the tax is not imposed with respect
to items or services (or the providers thereof) for which payment
is made under a State plan under this title or title XVIII, or
"(ii) in the case of a tax described in subparagraph
(C)(i)(III), notwithstanding that the tax provides for exclusion
(in whole or in part) of revenues or receipts from a State plan
under this title or title XVIII.
"(E)(i) A State may submit an application to the Secretary requesting
that the Secretary treat a tax as a broad-based health care related tax,
notwithstanding that the tax does not apply to all health care items or
services in class (or all providers of such items and services),
provides for a credit, deduction, or exclusion, is not applied
uniformly, or otherwise does not meet the requirements of subparagraph
(B) or (C). Permissible waivers may include exemptions for rural or
sole-community providers.
"(ii) The Secretary shall approve such an application if the State
establishes to the satisfaction of the Secretary that --
"(I) the net impact of the tax and associated expenditures
under this title as proposed by the State is generally
redistributive in nature, and
"(II) the amount of the tax is not directly correlated to
payments under this title for items or services with respect to
which the tax is imposed.
The Secretary shall by regulation specify types of credits, exclusions,
and deductions that will be considered to meet the requirements of this
subparagraph.
"(4) For purposes of paragraph (1)(A)(iii), there is in effect a hold
harmless provision with respect to a broad-based health care related tax
imposed with respect to a class of items or services if the Secretary
determines that any of the following applies:
"(A) The State or other unit of government imposing the tax
provides (directly or indirectly) for a payment (other than under
this title) to taxpayers and the amount of such payment is
positively correlated either to the amount of such tax or to the
difference between the amount of the tax and the amount of payment
under the State plan.
"(B) All or any portion of the payment made under this title to
the taxpayer varies based only upon the amount of the total tax
paid.
"(C) The State or other unit of government imposing the tax
provides (directly or indirectly) for any payment, offset, or
waiver that guarantees to hold taxpayers harmless for any portion
of the costs of the tax.
The provisions of this paragraph shall not prevent use of the tax to
reimburse health care providers in a class for expenditures under this
title nor preclude States from relying on such reimbursement to justify
or explain the tax in the legislative process.
"(5)(A) For purposes of this subsection, the limit under this
subparagraph with respect to a State is an amount equal to 25 percent
(or, if greater, the State base percentage, as defined in subparagraph
(B)) of the non-Federal share of the total amount expended under the
State plan during a State fiscal year (or portion thereof), as it would
be determined pursuant to paragraph (1)(A) without regard to paragraph
(1)(A)(iv).
"(B)(i) In subparagraph (A), the term 'State base percentage' means,
with respect to a State, an amount (expressed as a percentage) equal to
--
"(I) the total of the amount of health care related taxes
(whether or not broad-based) and the amount of provider-related
donations (whether or not bona fide) projected to be collected (in
accordance with clause (ii)) during State fiscal year 1992,
divided by
"(II) the non-Federal share of the total amount estimated to be
expended under the State plan during such State fiscal year.
"(ii) For purposes of clause (i)(I), in the case of a tax that is not
in effect throughout State fiscal year 1992 or the rate (or base) of
which is increased during such fiscal year, the Secretary shall project
the amount to be collected during such fiscal year as if the tax (or
increase) were in effect during the entire State fiscal year.
"(C)(i) The total amount of health care related taxes under
subparagraph (B)(i)(I) shall be determined by the Secretary based on
only those taxes (including the tax rate or base) which were in effect,
or for which legislation or regulations imposing such taxes were enacted
or adopted, as of November 22, 1991.
"(ii) The amount of provider-related donations under subparagraph
(B)(i)(I) shall be determined by the Secretary based on programs in
effect on September 30, 1991, and applicable to State fiscal year 1992,
as demonstrated by State plan amendments, written agreements, State
budget documentation, or other documentary evidence in existence on that
date.
"(iii) The amount of expenditures described in subparagraph
(B)(i)(II) shall be determined by the Secretary based on the best data
available as of the date of the enactment of this subsection.
"(6)(A) Notwithstanding the provisions of this subsection, the
Secretary may not restrict States' use of funds where such funds are
derived from State or local taxes (or funds appropriated to State
university teaching hospitals) transferred from or certified by units of
government within a State as the non-Federal share of expenditures under
this title, regardless of whether the unit of government is also a
health care provider, except as provided in section 1902(a)(2), unless
the transferred funds are derived by the unit of government from
donations or taxes that would not otherwise be recognized as the
non-Federal share under this section.
"(B) For purposes of this subsection, funds the use of which the
Secretary may not restrict under subparagraph (A) shall not be
considered to be a provider-related donation or a health care related
tax.
"(7) For purposes of this subsection:
"(A) Each of the following shall be considered a separate class
of health care items and services:
"(i) Inpatient hospital services.
"(ii) Outpatient hospital services.
"(iii) Nursing facility services (other than services of
intermediate care facilities for the mentally retarded).
"(iv) Services of intermediate care facilities for the mentally
retarded.
"(v) Physicians' services.
"(vi) Home health care services.
"(vii) Outpatient prescription drugs.
"(viii) Services of health maintenance organizations (and other
organizations with contracts under section 1903(m)).
"(ix) Such other classification of health care items and
services consistent with this subparagraph as the Secretary may
establish by regulation.
"(B) The term 'health care provider' means an individual or
person that receives payments for the provision of health care
items or services.
"(C) An entity is considered to be 'related' to a health care
provider if the entity --
"(i) is an organization, association, corporation or
partnership formed by or on behalf of health care providers;
"(ii) is a person with an ownership or control interest (as
defined in section 1124(a)(3)) in the provider;
"(iii) is the employee, spouse, parent, child, or sibling of
the provider (or of a person described in clause (ii); or
"(iv) has a similar, close relationship (as defined in
regulations) to the provider.
"(D) The term 'State' means only the 50 States and the District
of Columbia but does not include any State whose entire program
under this title is operated under a waiver granted under section
1115.
"(E) The 'State fiscal year' means, with respect to a specified
year, a State fiscal year ending in that specified year.
"(F) The term 'tax' includes any licensing fee, assessment, or
other mandatory payment, but does not include payment of a
criminal or civil fine or penalty (other than a fine or penalty
imposed in lieu of or instead of a fee, assessment, or other
mandatory payment).
"(G) The term 'unit of local government' means, with respect to
a State, a city, county, special purpose district, or other
governmental unit in the State.".
(b) CONFORMING AMENDMENTS. -- (1) Section 1902(t) of such Act (42
U.S.C. 1396a(t)) is amended --
(A) by striking "Except as provided in section 1903(i),
nothing" and inserting "Nothing", and
(B) by striking "taxes (whether or not of general
applicability)" and inserting "taxes of general applicability".
(2) Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended by
striking paragraph (10) inserted by section 4701(b)(2)(B) of the Omnibus
Budget Reconciliation Act of 1990.
(c) EFFECTIVE DATE. -- (1) The amendments "42 USC 1396a note" made
by this section shall take effect January 1, 1992, without regard to
whether or not regulations have been promulgated to carry out such
amendments by such date.
(2) Except as specifically provided in section 1903(w) "42 USC 1396b
note" of the Social Security Act and notwithstanding any other provision
of such Act, the Secretary of Health and Human Services shall not, with
respect to expenditures prior to the effective date specified in section
1903(w)(1)(F) of such Act, disallow any claim submitted by a State for,
or otherwise withhold Federal financial participation with respect to,
amounts expended for medical assistance under title XIX of the Social
Security Act by reason of the fact that the source of the funds used to
constitute the non-Federal share of such expenditures is a tax imposed
on, or a donation received from, a health care provider, or on the
ground that the amount of any donation or tax proceeds must be credited
against the amount of the expenditure.
(3) The interim final rule promulgated by the Secretary of Health and
Human Services on October 31, 1991 (56 Federal Register 56132), relating
to the State share of financial participation under the medicaid
program, is hereby nullified and is of no effect. No part of such rule
shall be effective except pursuant to a rule promulgated after the date
of the enactment of this Act and consistent with this section (and the
amendments made by this section).
SEC. 3. RESTRICTIONS ON AGGREGATE PAYMENTS FOR DISPROPORTIONATE
SHARE HOSPITALS.
(a) REPEAL OF PROHIBITION OF UPPER PAYMENT LIMIT FOR DISPROPORTIONATE
SHARE HOSPITALS. -- Section 1902(h) of the Social Security Act (42
U.S.C. 1396a(h)) is amended by striking "to limit" the first place it
appears and all that follows through "special needs or".
(b) LIMITATION ON AGGREGATE PAYMENT ADJUSTMENTS. --
(1) IN GENERAL. -- Section 1923 of such Act (42 U.S.C.
1396r-4) is amended by adding at the end the following new
subsection:
"(f) DENIAL OF FEDERAL FINANCIAL PARTICIPATION FOR PAYMENTS IN EXCESS
OF CERTAIN LIMITS. --
"(1) IN GENERAL. --
"(A) APPLICATION OF STATE-SPECIFIC LIMITS. -- Except as
provided in subparagraph (D), payment under section 1903(a) shall
not be made with respect to any payment adjustment made under this
section for hospitals in a State (as defined in paragraph (4)(B))
for quarters --
"(i) in fiscal year 1992 (beginning on or after January 1,
1992), unless --
"(I) the payment adjustments are made --
"(a) in accordance with the State plan in effect or amendments
submitted to the Secretary by September 30, 1991,
"(b) in accordance with the State plan in effect or amendments
submitted to the Secretary by November 26, 1991, or modification
thereof, if the amendment designates only disproportionate share
hospitals with a medicaid or low-income utilization percentage at
or above the Statewide arithmetic mean, or
"(c) in accordance with a payment methodology which was
established and in effect as of September 30, 1991, or in
accordance with legislation or regulations enacted or adopted as
of such date; or
"(II) the payment adjustments are the minimum adjustments
required in order to meet the requirements of subsection (c)(1);
or
"(ii) in a subsequent fiscal year, to the extent that the total
of such payment adjustments exceeds the State disproportionate
share hospital (in this subsection referred to as 'DSH') allotment
for the year (as specified in paragraph (2)).
"(B) NATIONAL DSH PAYMENT LIMIT. -- The national DSH payment
limit for a fiscal year is equal to 12 percent of the total amount
of expenditures under State plans under this title for medical
assistance during the fiscal year.
"(C) PUBLICATION OF STATE DSH ALLOTMENTS AND NATIONAL DSH
PAYMENT LIMIT. -- Before the beginning of each fiscal year
(beginning with fiscal year 1993), the Secretary shall, consistent
with section 1903(d), estimate and publish --
"(i) the national DSH payment limit for the fiscal year, and
"(ii) the State DSH allotment for each State for the year.
"(D) CONDITIONAL EXCEPTION FOR CERTAIN STATES. -- Subject to
subparagraph (E), beginning with payments for quarters beginning
on or after January 1, 1996, and at the option of a State,
subparagraph (A) shall not apply in the case of a State which
defines a hospital as a disproportionate share hospital under
subsection (a)(1) only if the hospital meets any of the following
requirements:
"(i) The hospital's medicaid inpatient utilization rate (as
defined in subsection (b)(2)) is at or above the mean medicaid
inpatient utilization rate for all hospitals in the State.
"(ii) The hospital's low-income utilization rate (as defined in
subsection (b)(3)) is at or above the mean low-income utilization
rate for all hospitals in the State.
"(iii) The number of inpatient days of the hospital
attributable to patients who (for such days) were eligible for
medical assistance under the State plan is equal to at least 1
percent of the total number of such days for all hospitals in the
State.
"(iv) The hospital meets such alternative requirements as the
Secretary may establish by regulation, taking into account the
special circumstances of children's hospitals, hospitals located
in rural areas, and sole community hospitals.
"(E) CONDITION FOR OPTION. -- The option specified in
subparagraph (D) shall not apply for payments for a quarter
beginning before the date of enactment of legislation establishing
a limit on payment adjustments under this section which would
apply in the case of a state exercising such option.
"(2) DETERMINATION OF STATE DSH ALLOTMENTS. --
"(A) IN GENERAL. -- Subject to subparagraph (B), the State DSH
allotment for a fiscal year is equal to the State DSH allotment
for the previous fiscal year (or, for fiscal year 1993, the State
base allotment as defined in paragraph (4)(C)), increased by --
"(i) the State growth factor (as defined in paragraph (4)(E))
for the fiscal year, and
"(ii) the State supplemental amount for the fiscal year (as
determined under paragraph (3)).
"(B) EXCEPTIONS. --
"(i) LIMIT TO 12 PERCENT OR BASE ALLOTMENT. -- A State DSH
allotment under subparagraph (A) for a fiscal year shall not
exceed 12 percent of the total amount of expenditures under the
State plan for medical assistance during the fiscal year, except
that, in the case of a high DSH State (as defined in paragraph
(4)(A)), the State DSH allotment shall equal the State based
allotment.
"(ii) EXCEPTION FOR MINIMUM REQUIRED ADJUSTMENT. -- No State
DSH allotment shall be less than the minimum amount of payment
adjustments the State is required to make in the fiscal year to
meet the requirements of subsection (c)(1).
"(3) STATE SUPPLEMENTAL AMOUNTS. -- The Secretary shall
determine a supplemental amount for each State that is not a high
DSH State for a fiscal year as follows:
"(A) DETERMINATION OF REDISTRIBUTION POOL. -- The Secretary
shall subtract from the national DSH payment limit (specified in
paragraph (1)(B)) for the fiscal year the following:
"(i) the total of the State base allotments for high DSH
States;
"(ii) the total of State DSH allotments for the previous fiscal
year (or, in the case of fiscal year 1993, the total of State base
allotments) for all States other than high DSH States;
"(iii) the total of the State growth amounts for all States
other than high DSH States for the fiscal year; and
"(iv) the total additions to State DSH allotments the Secretary
estimates will be attributable to paragraph (2)(B)(ii).
"(B) DISTRIBUTION OF POOL BASED ON TOTAL MEDICAID EXPENDITURES
FOR MEDICAL ASSISTANCE. -- The supplemental amount for a State
for a fiscal year is equal to the lesser of --
"(i) the product of the amount determined under subparagraph
(A) and the ratio of --
"(I) the total amount of expenditures made under the State plan
under this title for medical assistance during the fiscal year, to
"(II) the total amount of expenditures made under the State
plans under this title for medical assistance during the fiscal
year for all States which are not high DSH States in the fiscal
year, or
"(ii) the amount that would raise the State DSH allotment to
the maximum permitted under paragraph (2)(B).
"(4) DEFINITIONS. -- In this subsection:
"(A) HIGH DSH STATE. -- The term 'high DSH State' means, for a
fiscal year, a State for which the State base allotment exceeds 12
percent of the total amount of expenditures made under the State
plan under this title for medical assistance during the fiscal
year.
"(B) STATE. -- The term 'State' means only the 50 States and
the District of Columbia but does not include any State whose
entire program under this title is operated under a waiver granted
under section 1115.
"(C) STATE BASE ALLOTMENT. -- The term 'State base allotment'
means, with respect to a State, the greater of --
"(i) the total amount of payment adjustments made under
subsection (c) under the State plan during fiscal year 1992
(excluding any such payment adjustments for which a reduction may
be made under paragraph (1)(A)(i)), or
"(ii) $1,000,000.
The amount under clause (i) shall be determined by the
Secretary and shall include only payment adjustments described in
paragraph (1)(A)(i)(I).
"(D) STATE GROWTH AMOUNT. -- The term 'State growth amount'
means, with respect to a State for a fiscal year, the lesser of --
"(i) the product of the State growth factor and the State DSH
payment limit for the previous fiscal year, or
"(ii) the amount by which 12 percent of the total amount of
expenditures made under the State plan under this title for
medical assistance during the fiscal year exceeds the State DSH
allotment for the previous fiscal year.
"(E) STATE GROWTH FACTOR. -- The term 'State growth factor'
means, for a State for a fiscal year, the percentage by which the
expenditures described in section 1903(a) in the State in the
fiscal year exceed such expenditures in the previous fiscal
year.".
(2) CONFORMING AMENDMENTS. -- (A) Such section 1923 is further
amended --
(i) in subsection (a)(2)(B), by striking "subsection (c)," and
inserting "subsections (c) and (f),"; and
(ii) in subsection (c), by striking "In order" and inserting
"Subject to subsection (f), in order".
(B) Section 1903(a)(1) of such Act (42 U.S.C. 1396b(a)(1)) is
amended by inserting "and section 1923(f)" after "of this
section".
(c) "42 USC 1396r-4" LIMITS ON AUTHORITY TO RESTRICT DSH
DESIGNATIONS. -- Subsection (b) of such section is amended by adding at
the end the following new paragraph:
"(4) The Secretary may not restrict a State's authority to
designate hospitals as disproportionate share hospitals under this
section. The previous sentence shall not be construed to affect
the authority of the Secretary to reduce payments pursuant to
section 1903(w)(1)(A)(iii) if the Secretary determines that, as a
result of such designations, there is in effect a hold harmless
provision described in section 1903(w)(4).".
(d) "42 USC 1396r-4 note" STUDY OF DSH PAYMENT ADJUSTMENTS. --
(1) IN GENERAL. -- The Prospective Payment Assessment
Commission shall conduct a study concerning --
(A) the feasibility and desirability of establishing maximum
and minimum payment adjustments under section 1923(c) of the
Social Security Act for hospitals deemed disproportionate share
hospitals under State medicaid plans, and
(B) criteria (other than criteria described in clause (i) or
(ii) of section 1923(f)(1)(D) of such Act) that are appropriate
for the designation of disproportionate share hospitals under
section 1923 of such Act.
(2) ITEMS INCLUDED IN STUDY. -- The Commission shall include
in the study --
(A) a comparison of the payment adjustments for hospitals made
under such section and the additional payments made under title
XVIII of such Act for hospitals serving a significantly
disproportionate number of low-income patients under the medicare
program; and
(B) an analysis of the effect the establishment of limits on
such payment adjustments will have on the ability of the hospitals
to be reimbursed for the resource costs incurred by the hospitals
in treating individuals entitled to medical assistance under State
medicaid plans and other low-income patients.
(3) REPORT. -- Not later than January 1, 1994, the Commission
shall submit a report on the study conducted under paragraph (1)
to the Committee on Finance of the Senate and the Committee on
Energy and Commerce of the House of Representatives. Such report
shall include such recommendations respecting the designation of
disproportionate share hospitals and the establishment of maximum
and minimum payment adjustments for such hospitals under section
1923 of the Social Security Act as may be appropriate.
(e) EFFECTIVE DATE. -- (1) "42 USC 1396a note" The amendments made
by this section shall take effect January 1, 1992.
(2) The proposed rule promulgated by the Secretary of Health and
Human Services on October 31, 1991 (56 Federal Register 56141), relating
to the standards for defining disproportionate share hospitals under the
medicaid program, shall be withdrawn and canceled. No part of such
proposed rule shall be effective except pursuant to a rule promulgated
after the date of the enactment of this Act and consistent with this
section (and the amendments made by this section).
SEC. 4. REPORTING REQUIREMENT.
(a) IN GENERAL. -- Section 1903(d) of the Social Security Act (42
U.S.C. 1396b(d)) is amended by adding at the end the following:
"(6)(A) Each State (as defined in subsection (w)(7)(D)) shall
include, in the first report submitted under paragraph (1) after the end
of each fiscal year, information related to --
"(i) provider-related donations made to the State or units of
local government during such fiscal year, and
"(ii) health care related taxes collected by the State or such
units during such fiscal year.
"(B) Each State shall include, in the first report submitted under
paragraph (1) after the end of each fiscal year, information related to
the total amount of payment adjustments made, and the amount of payment
adjustments made to individual providers (by provider), under section
1923(c) during such fiscal year.".
(b) "42 USC 1396b note" EFFECTIVE DATE. -- The amendment made by
subsection (a) shall apply to fiscal years ending after the date of the
enactment of this Act.
SEC. 5. "42 USC 1396b note" INTERIM FINAL REGULATIONS.
(a) IN GENERAL. -- Subject to subsection (b), the Secretary of
Health and Human Services shall issue such regulations (on an interim
final or other basis) as may be necessary to implement this Act and the
amendments made by this Act.
(b) REGULATIONS CHANGING TREATMENT OF INTERGOVERNMENTAL TRANSFERS.
-- The Secretary may not issue any interim final regulation that changes
the treatment (specified in section 433.45(a) of title 42, Code of
Federal Regulations) of public funds as a source of State share of
financial participation under title XIX of the Social Security Act,
except as may be necessary to permit the Secretary to deny Federal
financial participation for public funds described in section
1903(w)(6)(A) of such Act (as added by section 2(a) of this Act) that
are derived from donations or taxes that would not otherwise be
recognized as the non-Federal share under section 1903(w) of such Act.
(c) CONSULTATION WITH STATES. -- The Secretary shall consult with
the States before issuing any regulations under this Act.
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 3595:
HOUSE REPORTS: No. 102-310 (Comm. on Energy and Commerce) and
102-409 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 19, considered and
passed House. Nov. 26, considered and passed Senate, amended. House
agreed to conference report. Nov. 27, Senate agreed to conference
report.
Public Law 102-233, 105 Stat. 1761
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 "Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act "12 USC 1421 note" of
1991".
SEC. 101. THRIFT RESOLUTION FUNDING PROVISIONS.
Section 21A(i) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(i))
is amended by adding at the end the following new paragraph:
"(3) ADDITIONAL INTERIM FUNDING. -- In addition to amounts
provided under paragraph (2), the Secretary of the Treasury shall
provide to the Corporation such sums as may be necessary not to
exceed $25 billion to carry out the purposes of this section until
April 1, 1992.".
SEC. 102. APPOINTMENT BY DIRECTOR OF THE OFFICE OF THRIFT
SUPERVISION.
Section 11(c)(6)(B) of the Federal Deposit Insurance Act (12 U.S.C.
1821(c)(6)(B)) is amended to read as follows:
"(B) RECEIVER. -- Whenever the Director of the Office of
Thrift Supervision appoints a receiver under the provisions of
section 5(d)(2)(C) of the Home Owners' Loan Act for the purpose of
liquidation or winding up any savings association's affairs --
"(i) before October 1, 1993, the Resolution Trust Corporation
shall be appointed;
"(ii) after September 30, 1993, the Resolution Trust
Corporation shall be appointed if the Resolution Trust Corporation
had been placed in control of the depository institution at any
time on or before such date; and
"(iii) after September 30, 1993, the Corporation shall be
appointed unless the Resolution Trust Corporation is required to
be appointed under clause (ii).".
SEC. 103. EXTENSION OF RESOLUTION TRUST CORPORATION DUTY.
(a) IN GENERAL. -- Section 21A(b)(3)(A)(ii) of the Federal Home Loan
Bank Act (12 U.S.C. 1441a(b)(3)(A)(ii)(II)) is amended to read as
follows:
"(ii) for which a conservator or receiver is appointed after
December 31, 1988, and before October 1, 1993 (including any
institution described in paragraph (6)).".
(b) CONTINUATION OF RTC RECEIVERSHIP OR CONSERVATORSHIP. -- Section
21A(b)(6) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(6)) is
amended to read as follows:
"(6) CONTINUATION OF RTC RECEIVERSHIP OR CONSERVATORSHIP. --
If the Corporation is appointed as conservator or receiver for any
insured depository institution described in paragraph (3)(A)
before October 1, 1993, and a conservator or receiver is appointed
for such institution on or after such date, the Corporation may be
appointed as conservator or receiver for such institution on or
after October 1, 1993.".
SEC. 104. TERMINATION OF FICO BORROWING AUTHORITY.
Section 21(e)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(e)(2)) is amended to read as follows:
"(2) TERMINATION OF BORROWING AUTHORITY. -- No obligation of
the Financing Corporation shall be issued after the date of
enactment of the Resolution Trust Corporation Thrift Depositor
Protection Refinance Act of 1991.".
SEC. 105. REQUIREMENT TO PAY RTC WORKING CAPITAL DEBT BEFORE
TRANSFERRING FUNDS TO REFCORP.
Section 21A(o)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(o)(2)) is amended by inserting after "Thereafter" the following:
", if there are no liabilities of the Corporation outstanding,".
SEC. 106. RTC REPORTS ON ASSET SALES, LOANS SECURED BY ASSETS,
BUDGETS, AND OTHER MATTERS.
(a) QUARTERLY REPORTS. -- Section 21A(k)(7) of the Federal Home Loan
Bank Act (12 U.S.C. 1441a(k)(7)) is amended to read as follows:
"(7) QUARTERLY REPORTS. -- Not later than May 31, August 31,
November 30, and the last day of February of each year, the
Corporation shall submit a report to the Committee on Banking,
Finance and Urban Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
containing the following information for the quarter ending on the
last day of the month ending before the month in which such report
is required to be submitted:
"(A) ASSET SALES. -- The report shall contain the following
information with respect to assets of institutions described in
subsection (b)(3)(A) which were disposed of by the Corporation
during the quarter covered by the report:
"(i) The total amount of the actual sales of assets during the
quarter.
"(ii) The value of the assets as determined on the basis of the
amount at which each such asset was accounted for on the books of
the institution.
"(iii) The fair market value of the assets as estimated by the
Corporation for purposes of securing amounts borrowed from the
Federal Financing Bank by the Corporation.
"(iv) The net recovery on asset sales during the quarter.
"(v) A subtotal of the value of the assets disposed of during
the quarter in each of the following categories:
"(I) Cash and securities.
"(II) Mortgage loans for 1- to 4-family dwellings.
"(III) Construction and land loans.
"(IV) Other mortgage loans.
"(V) Consumer loans.
"(VI) Commercial loans.
"(VII) Real estate owned assets.
"(VIII) Other assets.
"(B) AUCTION SALES. -- The report shall contain information
regarding auction sales of RTC assets, including the following
information:
"(i) The date and location of each auction sale during the
quarter.
"(ii) The total value of the sales of assets sold during an
auction during the quarter.
"(iii) The total value of assets sold at each auction, as
determined on the basis of the amount at which each such asset was
accounted for on the books of the institution.
"(iv) The total fair market value of assets sold at each
auction, as estimated by the Corporation.
"(v) The total actual selling price of assets sold during each
auction held during the quarter.
"(vi) The net recovery or loss on assets sold during an auction
during the quarter, by category listed in subclauses (I) through
(VII) of clause (vii).
"(vii) A subtotal of the value of the assets sold during an
auction during the quarter in each of the following categories:
"(I) Cash and securities.
"(II) Mortgage loans for 1- to 4-family dwellings.
"(III) Construction and land loans.
"(IV) Other mortgage loans.
"(V) Consumer loans.
"(VI) Commercial loans.
"(VII) Real estate owned assets.
"(VIII) Other assets.
"(C) FEDERAL FINANCING BANK LOAN STATUS. -- The report shall
contain the following information with respect to loans from the
Federal Financing Bank to the Corporation:
"(i) The total amount of loans outstanding at the beginning of
the quarter.
"(ii) The total amount of loans originated during the quarter.
"(iii) The total amount of loans repaid during the quarter.
"(iv) The total amount of loans outstanding at the end of the
quarter.
"(D) SELLER FINANCING. -- The report shall contain information
regarding the Corporation's use of seller financing to encourage
the sales of assets during the quarter, including the following:
"(i) A total of the amount of funds used for seller financing
purposes during the quarter.
"(ii) The number of applications received by the Corporation
which requested seller financing.
"(iii) A breakdown of the type of assets sold, according to the
categories listed in subclauses (I) through (VIII) of subparagraph
(B)(vii).
"(iv) Projections of the total amount of seller financing which
will be needed during the succeeding 2 quarters.".
(b) SEMIANNUAL REPORT ON NATIONAL AND REGIONAL ADVISORY BOARDS. --
Section 21A(k)(4)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(k)(4)(B)) is amended --
(1) by striking "and" at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting "; and"; and
(3) by inserting after clause (iv) the following new clause:
"(v) descriptions of the operations and activities of the national
and regional advisory boards established under subsection (d) and
financial statements detailing the expenses of such boards.".
(c) RTC AND OVERSIGHT BOARD BUDGET REPORTS. -- Section 21A(k) of the
Federal Home Loan Bank Act (12 U.S.C. 1441a(k)) is amended by adding at
the end the following new paragraph:
"(10) BUDGET REPORTS. --
"(A) IN GENERAL. -- Before the end of each calendar quarter,
the Oversight Board and the Corporation shall submit a report to
the Committee on Banking, Finance and Urban Affairs of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate containing the complete annual budget,
as approved by the Oversight Board.
"(B) ACTIVITIES RELATING TO PHASING OUT RTC OPERATIONS. --
Beginning with the report due in the 1st quarter of 1994, the
report shall include information on the Corporation's activities
to phase down its operations and reduce the number of employees
and the amount of office space and other overhead as the
Corporation completes its duties under this section and approaches
termination.".
(d) EMPLOYEE REPORTS. -- Section 21A(k) of the Federal Home Loan
Bank Act (12 U.S.C. 1441a(k)) is amended by inserting after paragraph
(10) (as added by subsection (c) of this section) the following new
paragraph:
"(11) EMPLOYEE REPORTS. -- The Corporation shall submit
semiannual reports to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing the
following information:
"(A) The total number of employees of the Oversight Board and
the total number of individuals performing services directly on
behalf of the Corporation.
"(B) The total number of individuals performing services for
the Corporation as an employee of the Federal Deposit Insurance
Corporation or any other agency, including the Government
Accounting Office and the number from each such agency.
"(C) The total number of individuals employed in each job
classification and employment status, including employment on a
temporary basis or for an agreed upon period of time.".
(e) SUPPLEMENTAL UNAUDITED FINANCIAL STATEMENTS. --
(1) INTERIM FINANCIAL STATEMENTS. -- Section 21A(k)(5) of the
Federal Home Loan Bank Act (12 U.S.C. 1441a(k)(5)) is amended by
inserting at the end the following new subparagraph:
"(C) SUPPLEMENTAL UNAUDITED FINANCIAL STATEMENTS. -- In
addition to the annual report required under paragraph (4), the
Oversight Board and the Corporation shall submit to the Congress,
not later than September 30 of each calendar year, an unaudited
financial statement for the 6-month period ending on June 30 of
such year.".
(2) EFFECTIVE DATE. -- The amendment "12 USC 1441a note" made
by this subsection shall apply with respect to annual reports
required to be submitted after the end of the 90-day period
beginning on the date of the enactment of this Act.
SEC. 201. STAFF OF THE RESOLUTION TRUST CORPORATION; CHIEF
EXECUTIVE OFFICER.
Section 21A(b)(9) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(b)(9)) is amended --
(1) in subparagraph (B), by amending clause (i) to read as
follows:
"(i) FDIC. -- The Corporation shall use employees (selected by
the Corporation) of the Federal Deposit Insurance Corporation and
the Federal Deposit Insurance Corporation shall provide such
personnel to the Corporation for its use. Notwithstanding the
foregoing, the Federal Deposit Insurance Corporation need not
provide to the Corporation any employee of the Federal Deposit
Insurance Corporation who was employed by the Federal Deposit
Insurance Corporation on the date of enactment of the Resolution
Trust Corporation Thrift Depositor Protection Refinance Act of
1991 and who had not theretofore been provided to the Corporation
by the Federal Deposit Insurance Corporation. In addition to
persons otherwise employed by the Federal Deposit Insurance
Corporation, the Federal Deposit Insurance Corporation shall
employ, and shall provide to the Corporation, such persons as the
Corporation may request from time to time. Federal Deposit
Insurance Corporation employees provided to the Corporation shall
be subject to the direction and control of the Corporation and any
of them may be returned to the Federal Deposit Insurance
Corporation at any time by the Corporation in the discretion of
the Corporation. The Corporation shall reimburse the Federal
Deposit Insurance Corporation for the actual costs incurred in
providing such employees. Any permanent employee of the Federal
Deposit Insurance Corporation who was performing services on
behalf of the Corporation immediately prior to the date of
enactment of the Resolution Trust Corporation Thrift Depositor
Protection Refinance Act of 1991 shall continue to be provided to
the Corporation after that date unless the Corporation determines
the services of any such employee to be unnecessary, in which case
such employee shall be returned to a similar position performing
services on behalf of the Federal Deposit Insurance Corporation.
In any ensuing reduction-in-force or reorganization within the
Federal Deposit Insurance Corporation, any such employee shall
compete with the same rights as any other Federal Deposit
Insurance Corporation employee. The Corporation may use
administrative services of the Federal Deposit Insurance
Corporation and, if it does so, shall reimburse the Federal
Deposit Insurance Corporation for the actual costs of providing
such services. Any employee or officer in the executive service
of the Federal Deposit Insurance Corporation who was performing
services on behalf of the Corporation at level E-4 or above
immediately prior to the date of enactment of the Resolution Trust
Corporation Thrift Depositor Protection Refinance Act of 1991
shall continue to be assigned to perform substantially similar
services on behalf of the Corporation after such date unless the
Corporation --
"(I) determines that the services of any such employees are
unnecessary, or
"(II) reassigns or substantially alters the responsibilities or
duties of any such employees.
If an action described in subclause (I) or (II) occurs, any
such employee with at least 20 years of service, as defined by
chapter 83 or chapter 84 of title 5, United States Code, shall be
entitled to an annuity under section 8336(d) or section 8414(b)(1)
of title 5, United States Code, notwithstanding the fact that such
employee has not attained the age of 50 years or has declined
another position with the Federal Deposit Insurance Corporation,
and the annuity of such employee shall not be reduced because of
the age of such employee. The Federal Deposit Insurance
Corporation shall reimburse the appropriate retirement insurance
fund for any increased costs it incurs as a result of the
annuities authorized pursuant to this clause."; and
(2) by adding at the end thereof the following new
subparagraph:
"(C) CHIEF EXECUTIVE OFFICER. -- There is established the
office of chief executive officer of the Corporation. The chief
executive officer of the Corporation shall be appointed by the
President, by and with the advice and consent of the Senate, and
shall serve at the pleasure of the President.".
SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TREASURY PAYMENTS TO FUND. -- Section 11(a)(6)(E) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(a)(6)(E)) is amended --
(1) by striking "1992" and inserting "1993"; and
(2) by striking "1999" and inserting "2000".
(b) AUTHORIZATION OF APPROPRIATIONS. -- Section 11(a)(6)(J) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(6)(J)) is amended --
(1) by striking "1991" each place it appears and inserting
"1992";
(2) by striking "1992" and inserting "1993"; and
(3) by striking "1999" and inserting "2000".
(c) FSLIC RESOLUTION FUND. -- Section 11A(a)(2)(B) of the Federal
Deposit Insurance Act (12 U.S.C. 1821a(a)(2)(B)) is amended by striking
"1991" and inserting "1992".
(d) SOURCE OF FUNDS. -- Section 11A(b)(4) of the Federal Deposit
Insurance Act (12 U.S.C. 1821a(b)(4)) is amended by striking "1991" and
inserting "1992".
SEC. 301. SHORT TITLE.
This title may be cited as the "Resolution Trust Corporation Thrift
Depositor Protection Reform Act "12 USC 1421 note" of 1991".
SEC. 302. THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD; AMENDMENTS
TO REFERENCES IN THE FEDERAL HOME LOAN BANK ACT.
(a) REDESIGNATION. -- The Oversight Board, as established by section
21A(a)(1) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(a)(1)), "12
USC 1441a note" is redesignated the Thrift Depositor Protection
Oversight Board.
(b) IN GENERAL. -- Except as provided in subsection (c), the Federal
Home Loan Bank Act (12 U.S.C. 1421 et seq.) is amended by striking
"Oversight Board" each place it appears and inserting "Thrift Depositor
Protection Oversight Board".
(c) EXCEPTION. -- Subsection (b) does not apply to section 21A(k)(7)
of the Federal Home Loan Bank Act (12 U.S.C. 1441a(k)(7)).
SEC. 303. ACCOUNTABILITY OF THRIFT DEPOSITOR PROTECTION OVERSIGHT
BOARD.
Section 21A(a)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(a)(2)) is amended --
(1) by striking "be accountable for" and inserting "monitor the
operations of"; and
(2) after "(hereinafter referred to in this section as the
'Corporation')," by inserting "and shall be accountable for the
duties assigned to the Thrift Depositor Protection Oversight Board
by this Act.".
SEC. 304. MEMBERSHIP OF THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD.
Section 21A(a)(3) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(a)(3)) is amended --
(1) in subparagraph (A) --
(A) by striking "5 members" and inserting "7 members";
(B) by striking clause (iii);
(C) by redesignating clause (iv) as clause (vi); and
(D) by inserting after clause (ii) the following:
"(iii) the Director of the Office of Thrift Supervision;
"(iv) the Chairperson of the Board of Directors of the Federal
Deposit Insurance Corporation;
"(v) the chief executive officer of the Corporation; and";
and
(2) in subparagraph (E) by striking "3 members" and inserting
"4 members".
SEC. 305. DUTIES AND AUTHORITIES OF THRIFT DEPOSITOR PROTECTION
OVERSIGHT BOARD.
Section 21A(a)(6) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(a)(6)) is amended --
(1) by amending subparagraph (A) to read as follows:
"(A) To review overall strategies, policies, and goals
established by the Corporation for its activities, which shall
include such items as the Thrift Depositor Protection Oversight
Board deems likely to have a material effect upon the financial
condition of the Corporation, the results of its operations, or
its cash flows, and such items as the Thrift Depositor Protection
Oversight Board deems to involve substantial issues of public
policy. After consultation with the Corporation, the Thrift
Depositor Protection Oversight Board may require the modification
of any such overall strategies, policies, and goals and their
implementation. Overall strategies, policies, and goals shall
include such items as --
"(i) overall strategies, policies, and goals for case
resolutions, the management and disposition of assets, the use of
private contractors;
"(ii) the use of notes, guarantees, or other obligations by the
Corporation;
"(iii) financial goals, plans, and budgets; and
"(iv) restructuring agreements described in subsection
(b)(10)(B).";
(2) in subparagraph (B), by inserting "financial plans,
budgets, and" after "implementation"; and
(3) by amending subparagraph (C) to read as follows:
"(C) To review all rules, regulations, standards, principles,
procedures, guidelines, and statements that may be adopted or
announced by the Corporation. The provisions of this subparagraph
shall not apply to internal administrative policies and procedures
(including such matters as personnel practices, divisions and
organization of staffing, delegations of authority, and practices
respecting day-to-day administration of the Corporation's affairs)
and determinations or actions described in paragraph (8) of this
subsection:
Provided, That if the Thrift Depositor Protection Oversight
Board requires the modification of any overall strategies,
policies and goals, it shall, within 30 days of the date at which
it directs the RTC make such modification, provide the House and
Senate Banking Committees with an explanation that identifies
which ground justifies the review and giving reasons why the
modification is necessary to satisfy these grounds.".
SEC. 306. LIMITATION OF AUTHORITY OF THRIFT DEPOSITOR PROTECTION
OVERSIGHT BOARD.
Section 21A(a)(8)(A) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(a)(8)(A)) is amended --
(1) by striking "(i) involving" and inserting "involving (i)";
and
(2) by striking "provide general policies and procedures" and
inserting "review overall strategies, policies, and goals
established by the Corporation".
SEC. 307. OPEN MEETINGS.
Section 21A(c)(10) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(10)) is amended --
(1) by striking "4" and inserting "6"; and
(2) by adding a sentence at the end, to read as follows: "The
Thrift Depositor Protection Oversight Board shall maintain a
transcript of its open meetings.".
SEC. 308. STRATEGIC PLAN.
Section 21A(a)(14)(A) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(a)(14)(A)) is amended to read as follows:
"(A) IN GENERAL. -- The chief executive officer of the
Corporation is authorized to implement the strategic plan for
conducting the Corporation's functions and activities submitted by
the former Oversight Board to the Congress, dated December 31,
1989.".
SEC. 309. MANAGEMENT AND DUTIES OF THE RESOLUTION TRUST CORPORATION.
(a) MANAGEMENT. -- Section 21A(b)(1)(C) of the Federal Home Loan
Bank Act (12 U.S.C. 1441a(b)(1)(C)) is amended to read as follows:
"(C) MANAGEMENT BY CHIEF EXECUTIVE OFFICER. -- The Corporation
shall be managed by or under the direction of its chief executive
officer.".
(b) DUTIES. -- Section 21A(b)(3)(B) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(b)(3)(B)) is amended to read as follows:
"(B) To develop and establish overall strategies, policies, and
goals for the Corporation, subject to review by the Thrift
Depositor Protection Oversight Board pursuant to subsection
(a)(6)(A) of this section.".
(c) REAL AND PERSONAL PROPERTY. -- Section 21A(b)(10)(E) is amended
by adding after "real and personal property," the following: "using any
legally available private sector methods including without limitation,
securitization of debt or equity, limited partnerships, mortgage
investment conduits, and real estate investment trusts,".
SEC. 310. ABOLITION OF BOARD OF DIRECTORS OF THE RESOLUTION TRUST
CORPORATION.
Section 21A(b) of the Federal Home Loan Bank Act (12 U.S.C. 141a(b))
is amended by striking paragraph (8) and redesignating paragraphs (9),
(10), (11), (12), (13), and (14) as paragraphs (8), (9), (10), (11),
(12), and (13), respectively.
SEC. 311. POWERS OF CHIEF EXECUTIVE OFFICER OF THE RESOLUTION TRUST
CORPORATION; CONSULTATION.
Section 21A(b)(8) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(b)(9)), as redesignated, is amended --
(1) in subparagraph (A), by striking "Unless the Oversight
Board exercises its authority under subsection (m) of this
section" and inserting "Except for its chief executive officer";
and
(2) by adding, after subparagraph (C), the following new
subparagraph:
"(D) POWERS OF THE CHIEF EXECUTIVE OFFICER. -- The chief
executive officer may exercise all of the powers of the
Corporation and act for and on behalf of the Corporation, and may
delegate such authority, as deemed appropriate by the chief
executive officer, including the power to subdelegate authority,
to persons designated by the chief executive officer who are
employees of the Federal Deposit Insurance Corporation utilized by
the Corporation or who provide services for the Corporation.".
SEC. 312. NATIONAL HOUSING ADVISORY BOARD.
Section 21A(d) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(d))
is amended --
(1) by redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
"(2) NATIONAL HOUSING ADVISORY BOARD. --
"(A) ESTABLISHMENT. -- The Thrift Depositor Protection
Oversight Board shall establish a National Housing Advisory Board
to advise the Thrift Depositor Protection Oversight Board on
policies and programs related to the provision of affordable
housing.
"(B) MEMBERSHIP. -- The National Housing Advisory Board shall
consist of --
"(i) the Secretary of Housing and Urban Development; and
"(ii) the chairpersons of any regional advisory boards
established pursuant to paragraph (3).
"(C) MEETINGS. -- The National Housing Advisory Board shall
meet 4 times a year, or more frequently if requested by the Thrift
Depositor Protection Oversight Board.".
SEC. 313. RIGHTS OF EMPLOYEES UPON SUNSET.
The Financial Institutions Reform, Recovery, and Enforcement Act of
1989 is amended --
(1) "12 USC 1437 note" in section 404(9) --
(A) by striking "of such Corporation shall be transferred to"
and inserting "of the Federal Deposit Insurance Corporation
assigned to the Resolution Trust Corporation shall be reassigned
to a position within"; and
(B) by striking "of this subsection" and inserting "of this
section"; and
(2) in section 404(2) --
(A) by inserting "grade," after "status, tenure,"; and
(B) by inserting "or, if the employee is a temporary employee,
separated in accordance with the terms of the appointment" after
"cause".
SEC. 314. TECHNICAL AND CONFORMING AMENDMENTS TO THE FEDERAL HOME
LOAN BANK ACT.
Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is
amended --
(1) in subsection (a) --
(A) in paragraph (7), by striking "(b)(12)" and inserting
"(b)(11)";
(B) in paragraph (8) --
(i) by striking "(A)"; and
(ii) by striking subparagraph (B); and
(C) in paragraph (10) --
(i) by striking "establish and review the general policy of"
and inserting "review overall strategies, policies, and goals
established by"; and
(ii) by striking "standards, policies, and procedures necessary
to carry out" and inserting "matters as pertain to";
(2) in subsection (b) --
(A) in paragraph (3), by striking "and through the Federal
Deposit Insurance Corporation (or any replacement authorized
pursuant to subsection (m))";
(B) in paragraph (9) as redesignated --
(i) by striking subparagraph (B) and redesignating
subparagraphs (C) through (N) as subparagraphs (B) through (M),
respectively;
(ii) in subparagraph (M), as redesignated, by striking "on
behalf of the Federal Deposit Insurance Corporation, acting as
exclusive manager"; and
(C) in paragraph (11), as redesignated --
(i) by amending subparagraph (A) to read as follows:
"(A) STRATEGIES, POLICIES, AND GOALS. -- The Corporation shall
adopt the rules, regulations, standards, procedures, guidelines,
and statements necessary to implement the strategic plan submitted
by the former Oversight Board to Congress dated December 31, 1989.
The Corporation may establish overall strategies, policies, and
goals for its activities and may issue such rules, regulations,
standards, principles, procedures, guidelines, and statements as
the Corporation considers necessary or appropriate to carry out
its duties.";
(ii) by amending subparagraph (B) to read as follows:
"(B) REVIEW, ETC. -- Such overall strategies, policies, and
goals, and such rules, regulations, standards, principles,
procedures, guidelines, and statements --
"(i) shall be provided by the Corporation to the Thrift
Depositor Protection Oversight Board promptly or prior to
publication or announcement to the extent practicable;
"(ii) shall be subject to the review of the Thrift Depositor
Protection Oversight Board as provided in subsection (a)(6)(A)
(with respect to overall strategies, policies, and goals); and
"(iii) shall be promulgated pursuant to subchapter II of
chapter 5, of title 5 United States Code."; and
(iii) in subparagraphs (D) and (E), by striking "Board of
Directors" each place it appears and inserting "chief executive
officer";
(3) by striking subsections (m) and (n) and redesignating
subsections (o), (p), (q), and (r) as subsections (m), (n), (o),
and (p) respectively;
(4) in subsection (n), as redesignated, in paragraph (5), by
striking "Directors, officers," and inserting "Officers"; and
(5) in subsection (o), as redesignated --
(A) in paragraph (1) by striking "director,"; and
(B) in paragraph (2) --
(i) by striking ". -- ";
(ii) by striking subparagraph (A);
(iii) by striking the designation "(B)"; and
(iv) by striking "on behalf of the Federal Deposit Insurance
Corporation, acting as exclusive manager".
SEC. 315. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) INSPECTOR GENERAL ACT. -- Section 11(1) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking "the Oversight Board
and the Board of Directors of the Resolution Trust Corporation" and
inserting "; the Chairperson of the Thrift Depositor Protection
Oversight Board and the chief executive officer of the Resolution Trust
Corporation".
(b) THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD. -- Section 5313 of
title 5, United States Code, is amended by striking "Oversight Board,
Resolution Trust Corporation" and inserting "Thrift Depositor Protection
Oversight Board".
(c) CHIEF EXECUTIVE OFFICER. -- Section 5314 of title 5, United
States Code, is amended by adding at the end the following: "chief
executive officer, Resolution Trust Corporation.".
(d) RESOLUTION TRUST CORPORATION FUNDING ACT OF 1991. -- Section
102(c)(1) of the Resolution Trust Corporation Funding Act of 1991 (12
U.S.C. 1441a note) is amended by striking "Chairman of the Resolution
Trust Corporation" and inserting "chief executive officer of the
Resolution Trust Corporation".
SEC. 316. REMOVAL AND REMAND.
Section 21A(l)(3) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(l)(3)) is amended to read as follows:
"(3) REMOVAL AND REMAND. --
"(A) IN GENERAL. -- The Corporation, in any capacity and
without bond or security, may remove any action, suit, or
proceeding from a State court to the United States district court
with jurisdiction over the place where the action, suit, or
proceeding is pending, to the United States district court for the
District of Columbia, or to the United States district court with
jurisdiction over the principal place of business of any
institution for which the Corporation has been appointed
conservator or receiver if the action, suit, or proceeding is
brought against the institution or the Corporation as conservator
or receiver of such institution. The removal of any such suit or
proceeding shall be instituted --
"(i) not later than 90 days after the date the Corporation is
substituted as a party, or
"(ii) not later than 30 days after service on the Corporation,
if the Corporation is named as a party in any capacity and if such
suit is filed after August 9, 1989.
"(B) SUBSTITUTION. -- The Corporation shall be deemed
substituted in any action, suit, or proceeding for a party upon
the filing of a copy of the order appointing the Corporation as
conservator or receiver for that party of the filing of such other
pleading informing the court that the Corporation has been
appointed conservator or receiver for such party.
"(C) APPEAL. -- The Corporation may appeal any order of remand
entered by a United States district court.".
SEC. 317. "12 USC 1441a note" SAVINGS PROVISIONS.
(a) SAVINGS PROVISIONS. --
(1) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS NOT AFFECTED. --
This title shall not affect the validity of any right, duty, or
obligation of the United States, the Corporation, the Oversight
Board, or any other person, that --
(A) arises under or pursuant to the Federal Home Loan Bank Act,
or any other provision of law applicable with respect to the
Oversight Board; and
(B) existed on the day before the effective date of the
Resolution Trust Corporation Thrift Depositor Protection Reform
Act of 1991.
(2) CONTINUATION OF SUITS. -- No action or other proceeding
commenced by or against the Oversight Board, with respect to any
function of the Oversight Board, shall abate by reason of the
enactment of this Act, except that the Thrift Depositor Protection
Oversight Board shall continue as party to any such action or
proceeding, notwithstanding the change of name of the Oversight
Board.
(b) CONTINUATION OF ORDERS, RESOLUTIONS, DETERMINATIONS, AND
REGULATIONS. -- All orders, resolutions, determinations, and
regulations that --
(1) have been issued, made, prescribed, or allowed to become
effective by the Oversight Board (including orders, resolutions,
determinations, and regulations which relate to the conduct of
conservatorships and receiverships), or by a court of competent
jurisdiction, in the performance of functions under the Federal
Home Loan Bank Act; and
(2) are in effect on the effective date of the Resolution Trust
Corporation Thrift Depositor Protection Reform Act of 1991,
shall continue in effect according to the terms of such orders,
resolutions, determinations, and regulations, and shall be enforceable
by or against the Thrift Depositor Protection Oversight Board, or the
Resolution Trust Corporation, by any court of competent jurisdiction, or
by operation of law, notwithstanding the change of name of the Oversight
Board.
SEC. 318. "12 USC 1441 note" EFFECTIVE DATE OF THIS TITLE.
The effective date of the Resolution Trust Corporation Thrift
Depositor Protection Reform Act of 1991 shall be February 1, 1992.
SEC. 401. INCREASED PARTICIPATION OF MINORITIES AND WOMEN IN
CONTRACTING PROCESS.
Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is
amended by inserting after subsection (s) (as added by section 227 of
this Act) the following new subsection:
"(t) REVIEW AND EVALUATION PROCEDURE FOR CONTRACTS. --
"(1) IN GENERAL. -- In the review and evaluation of proposals,
the Corporation shall provide additional incentives to minority-
or women-owned businesses by awarding any such business an
additional 10 percent of the total technical points and an
additional 5 percent of the total cost preference points
achievable in the technical and cost rating process applicable
with respect to such proposals.
"(2) CERTAIN JOINT VENTURES INCLUDED. -- Paragraph (1) shall
apply to any proposal submitted by a joint venture in which a
minority- or woman-owned business has participation of not less
than 25 percent.
"(3) AUTHORITY TO ADJUST TECHNICAL AND COST PREFERENCE POINTS.
-- The Corporation may adjust the technical and cost preference
points applicable in evaluating proposals to the extent necessary
to ensure the maximum participation level possible for minority-
or women-owned businesses.
"(4) DEFINITIONS. -- For purposes of this subsection. --
"(A) MINORITY-OWNED BUSINESS. -- The term 'minority-owned
business' means a business --
"(i) more than 50 percent of the ownership or control of which
is held by 1 or more minority individuals; and
"(ii) more than 50 percent of the net profit or loss of which
accrues to 1 or more minority individuals.
"(B) WOMEN-OWNED BUSINESS. -- The term 'women's business'
means a business --
"(i) more than 50 percent of the ownership or control of which
is held by 1 or more women;
"(ii) more than 50 percent of the net profit or loss of which
accrues to 1 or more women; and
"(iii) a significant percentage of senior management positions
of which are held by women.".
SEC. 402. OPERATION OF BRANCH FACILITIES BY MINORITIES AND WOMEN.
(a) ACQUISITION OF BRANCH FACILITIES FROM THE RTC. -- Section 21A of
the Federal Home Loan Bank Act (12 U.S.C. 1441a) is amended by inserting
after subsection (t) (as added by section 301 of this title) the
following new subsection:
"(u) ACQUISITION OF BRANCH FACILITIES IN MINORITY NEIGHBORHOODS. --
"(1) IN GENERAL. -- In the case of any savings association for
which the Corporation has been appointed conservator or receiver,
the Corporation may make available any branch of such association
which is located in any predominantly minority neighborhood to any
minority depository institution or women's depository institution
on the following terms:
"(A) The branch may be made available on a rent-free lease
basis for not less than 5 years.
"(B) Of all expenses incurred in maintaining the operation of
the facilities in which such branch is located, the institution
shall be liable only for the payment of applicable real property
taxes, real property insurance, and utilities.
"(C) The lease may provide an option to purchase the branch
during the term of the lease.
"(2) DEFINITIONS. -- For purposes of this subsection --
"(A) MINORITY DEPOSITORY INSTITUTION. -- The term 'minority
institution' means a depository institution (as defined in section
3(c) of the Federal Deposit Insurance Act) --
"(i) more than 50 percent of the ownership or control of which
is held by 1 or more minority individuals; and
"(ii) more than 50 percent of the net profit or loss of which
accrues to 1 or more minority individuals.
"(B) WOMEN'S DEPOSITORY INSTITUTION. -- The term 'women's
depository institution' means a depository institution (as defined
in section 3(c) of the Federal Deposit Insurance Act) --
"(i) more than 50 percent of the ownership or control of which
is held by 1 or more women;
"(ii) more than 50 percent of the net profit or loss of which
accrues to 1 or more women; and
"(iii) a significant percentage of senior management positions
of which are held by women.
"(C) MINORITY. -- The term 'minority' has the meaning given to
such term by section 1204(c)(3) of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989.".
(b) COMMUNITY REINVESTMENT CREDIT FOR DEPOSITORY INSTITUTIONS
PROVIDING ASSISTANCE. -- The Community Reinvestment Act of 1977 (12
U.S.C. 2901 et seq.) is amended by adding at the end the following new
section:
"SEC. 808. "12 USC 2907" OPERATION OF BRANCH FACILITIES BY
MINORITIES AND WOMEN.
"(a) IN GENERAL. -- In the case of any depository institution which
donates, sells on favorable terms (as determined by the appropriate
Federal financial supervisory agency), or makes available on a rent-free
basis any branch of such institution which is located in any
predominantly minority neighborhood to any minority depository
institution or women's depository institution, the amount of the
contribution or the amount of the loss incurred in connection with such
activity shall be treated as meeting the credit needs of the
institution's community for purposes of this title.
"(b) DEFINITIONS. -- For purposes of this section --
"(1) MINORITY DEPOSITORY INSTITUTION. -- The term 'minority
institution' means a depository institution (as defined in section
3(c) of the Federal Deposit Insurance Act) --
"(A) more than 50 percent of the ownership or control of which
is held by 1 or more minority individuals; and
"(B) more than 50 percent of the net profit or loss of which
accrues to 1 or more minority individuals.
"(2) WOMEN'S DEPOSITORY INSTITUTION. -- The term 'women's
depository institution' means a depository institution (as defined
in section 3(c) of the Federal Deposit Insurance Act) --
"(A) more than 50 percent of the ownership or control of which
is held by 1 or more women;
"(B) more than 50 percent of the net profit or loss of which
accrues to 1 or more women; and
"(C) a significant percentage of senior management positions of
which are held by women.
"(3) MINORITY. -- The term 'minority' has the meaning given to
such term by section 1204(c)(3) of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989.".
SEC. 403. ACQUISITION OF FAILING MAJORITY ASSOCIATIONS BY MINORITY
INSTITUTIONS.
Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is
amended by inserting after subsection (u) (as added by section 302 of
this title) the following new subsection:
"(v) ASSISTANCE UNDER CIRCUMSTANCES FOR ACQUISITION OF MAJORITY-OWNED
INSTITUTIONS. --
"(1) IN GENERAL. -- In addition to the assistance provided
pursuant to the minority interim capital assistance program
established by the Oversight Board by regulation pursuant to the
strategic plan under subsection (a), the Corporation may provide
assistance for minority-owned depository institutions and minority
investors for the acquisition of any savings association for which
the Corporation has been appointed conservator or receiver and
which, before such appointment, was not a minority-owned
association, if the Corporation has not received acceptable bids
for the acquisition of such association without offering such
assistance.
"(2) ADDITIONAL ASSETS. -- In connection with the acquisition
of any savings association for which the Corporation provides
assistance under paragraph (1), the Corporation may transfer
assets of other savings associations for which the Corporation has
been appointed conservator or receiver.
"(3) DEFINITIONS. -- For purposes of this subsection --
"(A) MINORITY. -- The term 'minority' has the meaning given to
such term by section 1204(c)(3) of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989.
"(B) ACQUISITION. -- The term 'acquisition' means any
transaction in which a savings association is acquired (as defined
in section 13(c)(8) of the Federal Deposit Insurance Act).".
SEC. 404. STATUTORY ESTABLISHMENT OF PROGRAM.
Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is
amended by inserting after subsection (v) (as added by section 303 of
this title) the following new subsection:
"(w) MINORITY INTERIM CAPITAL ASSISTANCE PROGRAM. --
"(1) IN GENERAL. -- The minority interim capital assistance
program established by the Oversight Board by regulation pursuant
to the strategic plan under subsection (a) is hereby established
by law.
"(2) ASSISTANCE UNDER CIRCUMSTANCES FOR ACQUISITION OF
MAJORITY-OWNED INSTITUTIONS. -- In addition to the assistance
provided pursuant to the program established under paragraph (1),
the Corporation shall provide assistance under such program for
minority-owned depository institutions and minority investors for
the acquisition of any savings association for which the
Corporation has been appointed conservator or receiver and which,
before such appointment, was not a minority-owned association, if
the Corporation has not received acceptable bids for the
acquisition of such association without offering such assistance.
"(3) EXTENSION OF INTERIM FINANCING PERIOD. -- The period for
repayment of capital assistance provided under the minority
interim capital assistance program shall be not less than 2 years.
"(4) INTEREST RATE. -- The rate of interest imposed by the
Corporation in connection with any interim financing provided
under the minority interim capital assistance program may not
exceed the average cost of funds to the Corporation as of the time
such rate is established.
"(5) DEFINITIONS. -- For purposes of this subsection --
"(A) MINORITY. -- The term 'minority' has the meaning given to
such term by section 1204(c)(3) of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989.
"(B) ACQUISITION. -- The term 'acquisition' means any
transaction in which a savings association is acquired (as defined
in section 13(c)(8) of the Federal Deposit Insurance Act).".
SEC. 405. GOAL FOR PARTICIPATION OF SMALL BUSINESS CONCERNS.
Section 21A(b)(14) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(b)(14)) is amended to read as follows:
"(14) GOAL FOR PARTICIPATION OF SMALL BUSINESS CONCERNS. --
The Corporation shall have an annual goal that presents the
maximum practicable opportunity for small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals to participate in the
performance of contracts awarded by the Corporation.".
SEC. 501.
(a) CREDIT ENHANCEMENT TO PROVIDE HOUSING OPPORTUNITIES FOR
LOW-INCOME PERSONS. --
(1) IN GENERAL. -- Section 21A(b)(10)(K) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(b)(10)(K)) is amended to read as
follows:
"(K) To make loans and, with respect to eligible residential
properties, develop risk sharing structures and other credit
enhancements to assist in the provision of property ownership,
rental, and cooperative housing opportunities for lower- and
moderate-income families.".
(2) CREDIT ENHANCEMENT FOR CERTAIN TAX-EXEMPT BONDS. --
Section 21A(c)(8)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(8)(B)) is amended --
(A) by striking "(B) CREDIT ENHANCEMENT. -- With respect to"
and inserting the following:
"(B) CREDIT ENHANCEMENT. --
"(i) IN GENERAL. -- With respect to"; and
(B) by adding at the end the following new clause:
"(ii) CERTAIN TAX-EXEMPT BONDS. -- The Corporation may provide
credit enhancements with respect to tax-exempt bonds issued on
behalf of nonprofit organizations pursuant to section 103, and
subpart A of part IV of subchapter A of chapter 1, of the Internal
Revenue Code of 1986, with respect to the disposition of eligible
residential properties for the purposes described in clause (i).".
SEC. 601. INCLUSION OF ELIGIBLE RESIDENTIAL PROPERTY UNDER
CONSERVATORSHIP.
Section 21A(c)(9) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(9)) is amended --
(1) by striking subparagraphs (C) and (D) and inserting the
following new subparagraphs:
"(C) CORPORATION. -- The term 'Corporation' means the
Resolution Trust Corporation.
"(D) ELIGIBLE MULTIFAMILY HOUSING PROPERTY. --
"(i) BASIC DEFINITION. -- The term 'eligible multi-family
housing property' means a property consisting of more than 4
dwelling units --
"(I) to which the Corporation acquires title either in its
corporate capacity or as receiver (including its capacity as the
sole owner of a subsidiary corporation of a depository institution
under receivership, which subsidiary has as its principal business
the ownership of real property), but not in its capacity as an
operating conservator; and
"(II) that has an appraised value that does not exceed the
applicable dollar amount set forth in section 221(d)(3)(ii) of the
National Housing Act for elevator-type structures (without regard
to any increase of such amount for high-cost areas).
"(ii) EXPANDED DEFINITION. -- Notwithstanding clause (i) to
the extent or in such amounts as are provided in appropriations
Acts for additional costs and losses to the Corporation resulting
from this clause taking effect, the term 'eligible multifamily
housing property' shall mean a property consisting of more than 4
dwelling units --
"(I) to which the Corporation acquires title in its corporate
capacity, its capacity as conservator, or its capacity as receiver
(including its capacity as the sole owner of a subsidiary
corporation of a depository institution under conservatorship or
receivership, which subsidiary has as its principal business the
ownership of real property); and
"(II) that has an appraised value that does not exceed the
applicable dollar amount set forth in section 221(d)(3)(ii) of the
National Housing Act for elevator-type structures (without regard
to any increase of such amount for high-cost areas)."; and
(2) by striking subparagraph (F) and inserting the following
new subparagraph:
"(F) ELIGIBLE SINGLE FAMILY PROPERTY. -- The term 'eligible
single family property' means a 1- to 4-family residence
(including a manufactured home) --
"(I) to which the Corporation acquires title in its corporate
capacity, its capacity as conservator, or its capacity as receiver
(including its capacity as the sole owner of a subsidiary
corporation of a depository institution under conservatorship or
receivership, which subsidiary has as its principal business the
ownership of real property); and
"(II) that has an appraised value that does not exceed the
applicable dollar amount set forth in the first sentence of
section 203(b)(2) of the National Housing Act (without regard to
any increase of such amount for high-cost areas).".
SEC. 602. TIME LIMITATIONS ON SALE OF ELIGIBLE SINGLE FAMILY
PROPERTY.
Section 21A(c)(2)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(2)(B)), as amended by Public Law 102-139, is amended --
(1) in the first sentence, by striking "For" and inserting
"Except as provided in the last sentence of this subparagraph
for"; and
(2) by adding at the end the following new sentence: "To the
extent or in such amounts as are provided in appropriations Acts
for additional costs and losses to the Corporation resulting from
this sentence taking effect, for purposes of this subsection the
period referred to in the first and third sentences shall be
considered to be the 180-day period following the date on which
the Corporation first makes an eligible single family property
available for sale.".
SEC. 603. ACTIVE MARKETING OF ELIGIBLE SINGLE FAMILY PROPERTY TO
LOWER-INCOME VETERANS.
Section 21A(c)(2)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(2)(B)) is amended --
(1) in clause (i) of the first sentence, by inserting
"(including qualifying households with members who are veterans)"
after "households";
(2) in subclause (I) of clause (ii) of the first sentence, by
inserting "(including lower-income families with members who are
veterans)" after "lower-income families"; and
(3) in the fourth sentence, by inserting "and to lower-income
families with members who are veterans" before the period.
SEC. 604. PREVENTION OF SPECULATION ON ELIGIBLE SINGLE-FAMILY
PROPERTY.
(a) RESIDENCY REQUIREMENTS. --
(1) QUALIFYING HOUSEHOLDS. -- Section 21A(c)(9)(K) of the
Federal Home Loan Bank Act (12 U.S.C. 1441a(c)(9)(K)) is amended
by striking "and (ii) whose adjusted income" and inserting the
following: "(ii) who agrees to occupy the property as a principal
residence for at least 12 months (except as provided in paragraph
(2)(D)); (iii) who certifies in writing that the household
intends to occupy the property as a principal residence for at
least 12 months (except as provided in paragraph (2)(D)); and
(iv) whose income".
(2) LOWER-INCOME FAMILIES. -- The first sentence of section
21A(c)(2)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(2)) is amended by striking "by such families." and
inserting the following: "by any such family who, except as
provided in subparagraph (D), agrees to occupy the property as a
principal residence for at least 12 months and who certifies in
writing that the family intends to occupy the property for at
least 12 months.".
(b) RECAPTURE OF PROFITS FROM RESALE. -- Section 21A(c)(2) of the
Federal Home Loan Bank Act (12 U.S.C. 1441a(c)(2)) is amended by adding
at the end the following new subparagraphs:
"(C) RECAPTURE OF PROFITS FROM RESALE. -- Except as provided
in subparagraph (D), if any eligible single family property sold
(i) to a qualifying household, or (ii) to a lower-income family
pursuant to subparagraph (B)(ii)(II), paragraph (12)(C)(i), or
paragraph (13)(B), is resold by the qualifying household or
lower-income family during the 1-year period beginning upon
initial acquisition by the household or lower-income family, the
Corporation shall recapture 75 percent of the amount of any
proceeds from the resale that exceed the sum of (I) the original
sale price for the acquisition of the property by the qualifying
household or lower-income family; (II) the costs of any
improvements to the property made after the date of the
acquisition, and (III) any closing costs in connection with the
acquisition.
"(D) EXCEPTIONS TO RECAPTURE REQUIREMENT. --
"(i) RELOCATION. -- The Corporation (or its successor) may in
its discretion waive the applicability (I) to any qualifying
household of the requirement under subparagraph (C) and the
requirements relating to residency of a qualifying household under
paragraphs (9)(L)(ii) and (iii), and (II) to any lower-income
family of the requirement under subparagraph (C) and the residency
requirements under subparagraph (B)(ii)(II). The Corporation may
grant any such a waiver only for good cause shown, including any
necessary relocation of the qualifying household or lower-income
family.
"(ii) OTHER RECAPTURE PROVISIONS. -- The requirement under
subparagraph (C) shall not apply to any eligible single family
property for which, upon resale by the qualifying household or
lower-income family during the 1-year period beginning upon
initial acquisition by the household or family, a portion of the
sale proceeds or any subsidy provided in connection with the
acquisition of the property by the household or family is required
to be recaptured or repaid under any other Federal, State, or
local law (including section 143(m) of the Internal Revenue Code
of 1986) or regulation or under any sale agreement.".
SEC. 605. AVOIDANCE OF DISPLACEMENT UNDER SINGLE FAMILY PROPERTY
DISPOSITION PROGRAM.
Section 21A(c)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(2)) is amended by adding after subparagraph (D) (as added by
section 504(b) of this Act) the following new subparagraph:
"(E) EXCEPTION TO AVOID DISPLACEMENT OF EXISTING RESIDENTS. --
Notwithstanding the first sentence of subparagraph (B), during the
180-day period following the date on which the Corporation makes
an eligible single family property available for sale, the
Corporation may sell the property to the household residing in the
property, but only if (i) such household was residing in the
property at the time notice regarding the property was provided to
clearinghouses under subparagraph (A), (ii) such sale is necessary
to avoid the displacement of, and unnecessary hardship to, the
resident household, (iii) the resident household intends to occupy
the property as a principal residence for at least 12 months, and
(iv) and the resident household certifies in writing that the
household intends to occupy the property for at least 12 months.".
SEC. 606. PERIODS FOR EXPRESSION OF SERIOUS INTEREST AND RESTRICTED
BIDS FOR ELIGIBLE MULTIFAMILY HOUSING PROPERTY.
Section 21A(c)(3) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(3)) is amended --
(1) in the first sentence of subparagraph (B), by striking the
first comma and all that follows through "first";
(2) in subparagraph (C), by striking "determining that a
property is ready for sale" and inserting the following: "the
expiration of the period referred to in subparagraph (B) for a
property,"; and
(3) in subparagraph (D), by inserting after the period at the
end the following new sentence: "If, before the expiration of
such 45-day period, any offer to purchase a property initially
accepted by the Corporation is subsequently rejected or fails (for
any reason), the Corporation shall accept another offer to
purchase the property made during such period that complies with
the terms and conditions established by the Corporation (if such
another offer is made). The preceding sentence may not be
construed to require a qualifying multifamily purchaser whose
offer is accepted during the 45-day period to purchase the
property before the expiration of the period.".
SEC. 607. LOWER-INCOME OCCUPANCY REQUIREMENTS FOR ELIGIBLE
MULTIFAMILY HOUSING PROPERTY.
Section 21A(c)(3)(E) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(3)(E)) is amended to read as follows:
"(E) LOWER-INCOME OCCUPANCY REQUIREMENTS. --
"(i) SINGLE PROPERTY PURCHASES. -- With respect to any
purchase of a single eligible multifamily housing property by a
qualifying multifamily purchaser under subparagraph (D) --
"(I) not less than 35 percent of all dwelling units purchased
shall be made available for occupancy by and maintained as
affordable for lower-income and very low-income families during
the remaining useful life of the building property structure in
which the units are located: Provided, That
"(II) not less than 20 percent of all dwelling units purchased
shall be made available for occupancy by and maintained as
affordable by very low-income families during the remaining useful
life of the building or structure in which the units are located.
"(ii) AGGREGATION REQUIREMENTS FOR MULTIPROPERTY PURCHASES. --
With respect to any purchase under subparagraph (D) by a
qualifying multifamily purchaser involving more than one eligible
multifamily housing property as a part of the same negotiation --
"(I) the provisions of clause (i) shall apply in the aggregate
to the properties so purchased; except that
"(II) to the extent or in such amounts as are provided in
appropriations Acts for additional costs and losses to the
Corporation resulting from this subclause taking effect, not less
than (a) 40 percent of the aggregate number of all dwelling units
purchased shall be made available for occupancy by and maintained
as affordable for lower-income and very low-income families during
the remaining useful life of the building property structure in
which the units are located, (b) 20 percent of the aggregate
number of all dwelling units purchased shall be made available for
occupancy by and maintained as affordable for very low-income
families during the remaining useful life of the building property
structure in which the units are located, and (c) not less than 10
percent of the dwelling units in each separate property purchased
shall be made available for occupancy by and maintained as
affordable for lower-income families during the remaining useful
life of the property in which the units are located.
The requirements of this subparagraph shall be contained in the
deed or other recorded instrument.".
SEC. 608. EXTENSION OF RESTRICTED OFFER PERIOD FOR ELIGIBLE
MULTIFAMILY HOUSING PROPERTY.
Section 21A(c)(3) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(3)) is amended --
(1) by redesignating subparagraph (G) as subparagraph (H); and
(2) by inserting after subparagraph (F) the following new
subparagraph:
"(G) EXTENSION OF RESTRICTED OFFER PERIODS. -- Notwithstanding
subparagraph (F), the Corporation may provide notice to
clearinghouses regarding, and offer for sale under the provisions
of subparagraphs (A) through (D), any eligible multifamily housing
property --
"(i) in which no qualifying multifamily purchaser has expressed
serious interest during the period referred to in subparagraph
(B), or
"(ii) for which no qualifying multifamily purchaser has made a
bona fide offer before the expiration of the period referred to in
subparagraph (D),
except that the Corporation may, in the discretion of the
Corporation, alter the duration of the periods referred to in
subparagraphs (B) and (D) in offering any property for sale under
this subparagraph.".
SEC. 609. SALE PRICE.
Section 21A(c)(6)(A)(i) of Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(6)(A)(i)) is amended to read as follows:
"(i) SALE PRICE. -- The Corporation shall establish a market
value for each eligible multifamily housing property. The
Corporation shall sell eligible multifamily housing property at
the net realizable market value. The Corporation may agree to
sell eligible multifamily housing property at a price below the
net realizable market value to the extent necessary to facilitate
an expedited sale of such property and enable a public agency or
nonprofit organization to comply with the lower-income occupancy
requirements applicable to such property under paragraph (3). The
Corporation may sell eligible single family property or eligible
condominium property to qualifying households, nonprofit
organizations, and public agencies without regard to any minimum
sale price.".
SEC. 610. AUTHORITY FOR RTC TO PARTICIPATE IN MULTIFAMILY FINANCING
POOLS.
Section 21A(c)(6)(A)(ii) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(6)(A)(ii)) is amended by adding at the end the following new
sentence: "In providing financing for combinations of eligible
multifamily housing properties under this subsection, the Corporation
may hold a participating share, including a subordinate participation.".
SEC. 611. CREDIT ENHANCEMENT FOR CERTAIN TAX-EXEMPT BONDS.
Section 21A(c)(8)(B) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(8)(B)) is amended --
(1) by striking "(B) CREDIT ENHANCEMENT. -- With respect to"
and inserting the following:
"(B) CREDIT ENHANCEMENT. --
"(i) IN GENERAL. -- With respect to"; and
(2) by adding at the end the following new clause:
"(ii) CERTAIN TAX-EXEMPT BONDS. -- The Corporation may provide
credit enhancements with respect to tax-exempt bonds issued on
behalf of nonprofit organizations pursuant to section 103, and
subpart A of part IV of subchapter A of chapter 1, of the Internal
Revenue Code of 1986, with respect to the disposition of eligible
residential properties for the purposes described in clause (i).".
SEC. 612. "12 USC 1441a note" PERMANENT EFFECTIVENESS OF EXEMPTION
FOR TRANSACTIONS WITH INSURED DEPOSITORY INSTITUTIONS.
Notwithstanding section 203 of the Resolution Trust Corporation
Funding Act of 1991, the amendment made by section 201(b) of such Act
shall apply on and after the date of the enactment of this Act.
SEC. 613. TRANSFER OF CERTAIN ELIGIBLE RESIDENTIAL PROPERTIES TO
STATE HOUSING AGENCIES FOR DISPOSITION.
Section 21A(c) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c))
is amended by adding at the end the following new paragraph:
"(12) TRANSFER OF CERTAIN ELIGIBLE RESIDENTIAL PROPERTIES TO
STATE HOUSING AGENCIES FOR DISPOSITION. -- Notwithstanding
paragraphs (2), (3), (5), and (6), the Corporation may transfer
eligible residential properties to the State housing finance
agency or any other State housing agency for the State in which
the property is located, or to any local housing agency in whose
jurisdiction the property is located. Transfers of eligible
residential properties under this paragraph may be conducted by
direct sale, consignment sale, or any other method the Corporation
considers appropriate and shall be subject to the following
requirements:
"(A) INDIVIDUAL OR BULK TRANSFER. -- The Corporation may
transfer such properties individually or in bulk, as agreed to by
the Corporation and the State housing finance agency or State or
local housing agency.
"(B) ACQUISITION PRICE AND DISCOUNT. -- The acquisition price
paid by the State housing finance agency or State or local housing
agency to the Corporation for properties transferred under this
paragraph shall be an amount agreed to by the Corporation and the
transferee agency.
"(C) LOWER-INCOME USE. -- Any State housing finance agency or
State or local housing agency acquiring properties under this
paragraph shall offer to sell or transfer the properties only as
follows:
"(i) ELIGIBLE SINGLE FAMILY PROPERTIES. -- For eligible single
family properties --
"(I) to purchasers described under clauses (i) and (ii) of
paragraph (2)(B);
"(II) if the purchaser is a purchaser described under paragraph
(2)(B)(ii)(I), subject to the rent limitations under paragraph
(4)(A);
"(III) subject to the requirement in the second sentence of
paragraph (2)(B); and
"(IV) subject to recapture by the Corporation of excess
proceeds from resale of the properties under subparagraphs (C) and
(D) of paragraph (2).
"(ii) ELIGIBLE MULTIFAMILY HOUSING PROPERTIES. -- For eligible
multifamily housing properties --
"(I) to qualifying multifamily purchasers;
"(II) subject to the lower-income occupancy requirements under
paragraph (3)(E);
"(III) subject to the provisions of paragraph (3)(H);
"(IV) subject to a preference, among financially acceptable
offers, to the offer that would reserve the highest percentage of
dwelling units for occupancy or purchase by very low-income
families and lower-income families and would retain such
affordability for the longest term; and
"(V) subject to the rent limitations under paragraph (4)(A).
"(D) AFFORDABILITY. -- The State housing finance agency or
State or local housing agency shall endeavor to make the
properties transferred under this paragraph more affordable to
lower-income families based upon the extent to which the
acquisition price of a property under subparagraph (B) is less
than the market value of the property.".
SEC. 614. SUSPENSION OF OFFER PERIODS FOR SALES OF ELIGIBLE
RESIDENTIAL PROPERTY TO NONPROFIT ORGANIZATIONS AND PUBLIC AGENCIES.
Section 21A(c) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c))
is amended by adding after paragraph (12) (as added by section 513 of
this Act) the following new paragraph:
"(13) EXCEPTION FOR SALES TO NONPROFIT ORGANIZATIONS AND PUBLIC
AGENCIES. --
"(A) SUSPENSION OF OFFER PERIODS. -- With respect to any
eligible residential property, the Corporation may (in the
discretion of the Corporation) suspend any of the requirements of
subparagraphs (A) and (B) of paragraph (2) and subparagraphs (A)
through (D) of paragraph (3), as applicable, but only to the
extent that for the duration of the suspension the Corporation
negotiates the sale of the property to a nonprofit organization or
public agency. If the property is not sold pursuant to such
negotiations, the requirements of any provisions suspended shall
apply upon the termination of the suspension. Any time period
referred to in such paragraphs shall toll for the duration of any
suspension under this subparagraph.
"(B) USE RESTRICTIONS. --
"(i) ELIGIBLE SINGLE FAMILY PROPERTY. -- Any eligible single
family property sold under this paragraph shall be (I) made
available for occupancy by and maintained as affordable for
lower-income families for the remaining useful life of the
property, or made available for purchase by such families, (II)
subject to the rent limitations under paragraph (4)(A), (III)
subject to the requirements relating to residency of a qualifying
household under paragraph (9)(L) and to residency of a
lower-income family under paragraph (2)(B)(ii), and (IV) subject
to recapture by the Corporation of excess proceeds from resale of
the property under subparagraphs (C) and (D) of paragraph (2).
"(ii) ELIGIBLE MULTIFAMILY HOUSING PROPERTY. -- Any eligible
multifamily housing property sold under this paragraph shall
comply with the lower-income occupancy requirements under
paragraph (3)(E) and shall be subject to the rent limitations
under paragraph (4)(A).".
SEC. 615. SALE OF ELIGIBLE CONDOMINIUM PROPERTY.
(a) IN GENERAL. -- Section 21A(c) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(c)) is amended by adding after paragraph (13) (as added
by section 514 of this Act) the following new paragraph:
"(14) RULES GOVERNING DISPOSITION OF ELIGIBLE CONDOMINIUM
PROPERTY. --
"(A) NOTICE TO CLEARINGHOUSES. -- Within a reasonable period
of time after acquiring title to an eligible condominium property,
the Corporation shall provide written notice to clearinghouses.
Such notice shall contain basic information about the property.
Each clearinghouse shall make such information available, upon
request, to purchasers described in clauses (i) through (iv) of
subparagraph (B). The Corporation shall allow such purchasers
reasonable access to an eligible condominium property for purposes
of inspection.
"(B) OFFERS TO SELL. -- For the 180-day period following the
date on which the Corporation makes an eligible condominium
property available for sale, the Corporation may offer to sell the
property, at the discretion of the Corporation, to 1 or more of
the following purchasers:
"(i) Qualifying households.
"(ii) Nonprofit organizations.
"(iii) Public agencies.
"(iv) For-profit entities.
"(C) LOWER-INCOME OCCUPANCY REQUIREMENTS. --
"(i) IN GENERAL. -- Except as provided in clause (ii), any
nonprofit organization, public agency, or for-profit entity that
purchases an eligible condominium property shall (I) make the
property available for occupancy by and maintain it as affordable
for lower-income families for the remaining useful life of the
property, or (II) make the property available for purchase by any
such family who, except as provided in subparagraph (E), agrees to
occupy the property as a principal residence for at least 12
months and who certifies in writing that the family intends to
occupy the property for at least 12 months. The restriction
described in subclause (I) of the preceding sentence shall be
contained in the deed or other recorded instrument.
"(ii) MULTIPLE-UNIT PURCHASES. -- If any nonprofit
organization, public agency, or for-profit entity purchases more
than 1 eligible condominium property as a part of the same
negotiation or purchase, the Corporation may (in the discretion of
the Corporation) waive the requirement under clause (i) and
provide instead that not less than 35 percent of all eligible
condominium properties purchased shall be (I) made available for
occupancy by and maintained as affordable for lower-income
families for the remaining useful life of the property, or (II)
made available for purchase by any such family who, except as
provided in subparagraph (E), agrees to occupy the property as a
principal residence for at least 12 months and who certifies in
writing that the family intends to occupy the property for at
least 12 months. The restriction described subclause (I) of the
preceding sentence shall be contained in the deed or other
recorded instrument.
"(iii) SALE TO OTHER PURCHASERS. -- If, upon the expiration of
the 180-day period referred to in subparagraph (B), no purchaser
described in clauses (i) through (iv) of subparagraph (B) has made
a bona fide offer to purchase the property, the Corporation may
offer to sell the property to any other purchaser.
"(D) RECAPTURE OF PROFITS FROM RESALE. -- Except as provided
in subparagraph (E), if any eligible condominium property sold (i)
to a qualifying household, or (ii) to a lower-income family
pursuant to subparagraph (C)(i)(II) or (C)(ii)(II), is resold by
the qualifying household or lower-income family during the 1-year
period beginning upon initial acquisition by the household or
family, the Corporation shall recapture 75 percent of the amount
of any proceeds from the resale that exceed the sum of (I) the
original sale price for the acquisition of the property by the
qualifying household or lower-income family, (II) the costs of any
improvements to the property made after the date of the
acquisition, and (III) any closing costs in connection with the
acquisition.
"(E) EXCEPTION TO RECAPTURE REQUIREMENT. -- The Corporation
(or its successor) may in its discretion waive the applicability
to any qualifying household or lower-income family of the
requirement under subparagraph (D) and the requirements relating
to residency of a qualifying household or lower-income family
(under paragraph (9)(L) and subparagraph (C) of this paragraph,
respectively). The Corporation may grant any such a waiver only
for good cause shown, including any necessary relocation of the
qualifying household or lower-income family.
"(F) LIMITATIONS ON MULTIPLE UNIT PURCHASES. -- The
Corporation may not sell or offer to sell as part of the same
negotiation or purchase any eligible condominium properties that
are not located in the same condominium project (as such term is
defined in section 604 of the Housing and Community Development
Act of 1980). The preceding sentence may not be construed to
require all eligible condominium properties offered or sold as
part of the same negotiation or purchase to be located in the same
structure.
"(G) RENT LIMITATIONS. -- Rents charged to tenants of eligible
condominium properties made available for occupancy by very
low-income families shall not exceed 30 percent of the adjusted
income of a family whose income equals 50 percent of the median
income for the area, as determined by the Secretary, with
adjustment for family size. Rents charged to tenants of eligible
condominium properties made available for occupancy by
lower-income families other than very low-income families shall
not exceed 30 percent of the adjusted income of a family whose
income equals 65 percent of the median income for the area, as
determined by the Secretary, with adjustment for family size.".
(b) CONFORMING AMENDMENT. -- Section 21A(c)(11)(B) of the Federal
Home Loan Bank Act (12 U.S.C. 1441a(c)(11)(B)) is amended by striking
"specified under paragraphs (2) and (3)" and inserting "applicable under
paragraphs (2), (3), (12)(C), (13)(B), and (14)(C)".
SEC. 616. REPORTS TO CONGRESS REGARDING AFFORDABLE HOUSING PROGRAM.
Section 21A(c) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(c))
is amended by adding after paragraph (14) (as added by section 515 of
this Act) the following new paragraph:
"(15) REPORTS TO CONGRESS. --
"(A) IN GENERAL. -- The Corporation shall submit to the
Congress semiannual reports under this paragraph regarding the
disposition of eligible residential properties under this
subsection during the most recently concluded reporting period.
The first report under this paragraph shall be submitted not later
than the expiration of the 4-month period beginning upon the
conclusion of the first reporting period under subparagraph (B).
Subsequent reports shall be submitted not less than every 6 months
after such expiration.
"(B) REPORTING PERIODS. -- For purposes of this paragraph, the
term 'reporting period' means the 6-month period for which a
report under this paragraph is made, except that the first
reporting period shall be the period beginning on the date of the
enactment of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 and ending on the date of the enactment of
the Resolution Trust Corporation Refinancing, Restructuring, and
Improvement Act of 1991. Each successive reporting period shall
begin upon the conclusion of the preceding reporting period.
"(C) INFORMATION REGARDING PROPERTIES SOLD. -- Each report
under this paragraph shall contain information regarding each
eligible residential property sold by the Corporation during the
applicable reporting period, as follows:
"(i) A description of the property, the location of the
property, and the number of dwelling units in the property.
"(ii) The appraised value of the property.
"(iii) The sale price of the property.
"(iv) For eligible single family properties --
"(I) the income and race of the purchaser of the property, if
the property is sold to an occupying household or is sold for
resale to an occupying household; and
"(II) whether the property is reserved for residency by very
low- or lower-income families, if the property is sold for use as
rental property.
"(v) For eligible multifamily housing properties, the number
and percentage of dwelling units in the property reserved for
occupancy by very low- and lower-income families.
"(vi) The number of eligible single family properties sold
after the expiration of the offer period for such properties
referred to in paragraph (2)(B).
"(vii) The number of eligible multifamily housing properties
sold after the expiration of the periods for such properties
referred to in subparagraphs (B) and (D) of paragraph (3).
"(D) NUMBER OF PROPERTIES WITHIN WINDOWS. -- Each report under
this paragraph shall contain the following information:
"(i) The number of eligible single family properties for which
the offer period referred to in paragraph (2)(B) had not expired
before the conclusion of the applicable reporting period (or had
not yet commenced).
"(ii) The number of eligible multifamily housing properties for
which the 90-day period referred to in paragraph (3)(B) had not
expired before the conclusion of the applicable reporting period
(or had not yet commenced).".
SEC. 617. DEFINITIONS.
Section 21A(c)(9) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(9)), as amended by sections 501 and 504(a)(1) of this Act, is
further amended --
(1) by striking subparagraph (A) and inserting the following
new subparagraph:
"(A) ADJUSTED INCOME AND INCOME. -- The terms 'adjusted
income' and 'income' shall have the meaning given such terms in
section 3(b) of the United States Housing Act of 1937.";
(2) by redesignating subparagraphs (D) through (P) as
subparagraphs (E) through (Q), respectively; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
"(D) ELIGIBLE CONDOMINIUM PROPERTY. -- The term 'eligible
condominium property' means a condominium unit, as such term is
defined in section 604 of the Housing and Community Development
Act of 1980 --
"(i) to which the Corporation acquires title in its corporate
capacity, its capacity as conservator, or its capacity as receiver
(including its capacity as the sole owner of a subsidiary
corporation of a depository institution under conservatorship or
receivership, which subsidiary has as its principal business the
ownership of real property); and
"(ii) that has an appraised value that does not exceed the
applicable dollar amount set forth in the first sentence of
section 203(b)(2) of the National Housing Act (without regard to
any increase of such amount for high cost areas).".
SEC. 618. "12 USC 1831n note" RISK-WEIGHTING OF HOUSING LOANS FOR
PURPOSES OF CAPITAL REQUIREMENTS.
(a) SINGLE FAMILY HOUSING LOANS. --
(1) 50 PERCENT RISK-WEIGHTED CLASSIFICATION. --
(a) IN GENERAL. -- To provide consistent regulatory treatment
of loans made for the construction of single family housing, not
later than the expiration of the 120-day period beginning on the
date of this Act each Federal banking agency shall amend the
regulations and guidelines of the agency establishing minimum
acceptable capital levels to provide that any single family
residence construction loan described under subparagraph (B) shall
be considered as a loan within the 50 percent risk-weighted
category.
(B) REQUIREMENTS. -- Subparagraph (A) shall apply to any
construction loan --
(i) made for the construction of a residence consisting of 1 to
4 dwelling units;
(ii) under which the lender has acquired from the lender
originating the mortgage loan for purchase of the residence,
before the making of the construction loan --
(I) documentation demonstrating that the buyer of the residence
intends to purchase the residence and has the ability to obtain a
mortgage loan sufficient to purchase the residence; and
(II) any other documentation from the mortgage lender that the
appropriate Federal banking agency may consider appropriate to
provide assurance of the buyer's intent to purchase the property
(including written commitments and letters of intent);
(iii) under which the borrower requires the buyer of the
residence to make a nonrefundable deposit to the borrower in an
amount (as determined by the appropriate Federal banking agency)
of not less than 1 percent of the principal amount of mortgage
loan obtained by the borrower for purchase of the residence, for
use in defraying costs relating to any cancellation of the
purchase contract of the buyer; and
(iv) that meets any other underwriting characteristics that the
appropriate Federal banking agency may establish, consistent with
the purposes of the minimum acceptable capital requirements to
maintain the safety and soundness of financial institutions.
(2) 100 PERCENT RISK-WEIGHTED CLASSIFICATION. -- Not later
than the expiration of the 120-day period beginning on the date of
this Act each Federal banking agency shall amend the regulations
and guidelines of the agency establishing minimum acceptable
capital levels to provide that --
(A) any single family residence construction loan for a
residence for which the purchase contract is canceled shall be
considered as a loan within the 100 percent risk-weighted
category; and
(B) the lender of any single family residence construction loan
shall promptly notify the appropriate Federal banking agency of
any such cancellation.
(b) MULTIFAMILY HOUSING LOANS. --
(1) 50 PERCENT RISK-WEIGHTED CLASSIFICATION. --
(A) IN GENERAL. -- To provide consistent regulatory treatment
of loans made for the purchase of multifamily rental and homeowner
properties, not later than the expiration of the 120-day period
beginning on the date of this Act each Federal banking agency
shall amend the regulations and guidelines of the agency
establishing minimum acceptable capital levels to provide that any
multifamily housing loan described under subparagraph (B) and any
security collateralized by such a loan shall be considered as a
loan or security within the 50 percent risk-weighted category.
(B) REQUIREMENTS. -- Subparagraph (A) shall apply to any loan
--
(i) secured by a first lien on a residence consisting of more
than 4 dwelling units;
(ii) under which --
(I) the rate of interest does not change over the term of the
loan, (b) the principal obligation does not exceed 80 percent of
the appraised value of the property, and (c) the ratio of annual
net operating income generated by the property (before payment of
any debt service on the loan) to annual debt service on the loan
is not less than 120 percent; or
(II) the rate of interest changes over the term of the loan,
(b) the principal obligation does not exceed 75 percent of the
appraised value of the property, and (c) the ratio of annual net
operating income generated by the property (before payment of any
debt service on the loan) to annual debt service on the loan is
not less than 115 percent;
(iii) under which --
(I) amortization of principal and interest occurs over a period
of not more than 30 years;
(II) the minimum maturity for repayment of principal is not
less than 7 years; and
(III) timely payment of all principal and interest, in
accordance with the terms of the loan, occurs for a period of not
less than 1 year; and
(iv) that meets any other underwriting characteristics that the
appropriate Federal banking agency may establish, consistent with
the purposes of the minimum acceptable capital requirements to
maintain the safety and soundness of financial institutions.
(2) SALE PURSUANT TO PRO RATA LOSS SHARING ARRANGEMENTS. --
Not later than the expiration of the 120-day period beginning on
the date of this Act, each Federal banking agency shall amend the
regulations and guidelines of the agency establishing minimum
acceptable capital levels to provide that any loan fully secured
by a first lien on a multifamily housing property that is sold
subject to a pro rata loss sharing arrangement by an institution
subject to the jurisdiction of the agency shall be treated as sold
to the extent that loss is incurred by the purchaser of the loan.
For purposes of this paragraph, the term "pro rata loss sharing
arrangement" means an agreement providing that the purchaser of a
loan shares in any loss incurred on the loan with the selling
institution on a pro rata basis.
(3) SALE PURSUANT TO OTHER ARRANGEMENTS FOR LOSS. -- Not later
than the expiration of the 180-day period beginning on the date of
the enactment of this Act, each Federal banking agency shall amend
the regulations and guidelines of the agency establishing minimum
acceptable capital levels to take into account other loss sharing
arrangements, in connection with the sale by an institution
subject to the jurisdiction of the agency of any loan that is
fully secured by a first lien on multifamily housing property, for
purposes of determining the extent to which such loans shall be
treated as sold. For purposes of this paragraph, the term "other
loss sharing arrangement" means an agreement providing that the
purchaser of a loan shares in any loss incurred on the loan with
the selling institution on other than a pro rata basis.
(c) APPROPRIATE FEDERAL BANKING AGENCY. -- For purposes of this
section, the term "Federal banking agency" means the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency, and the Director of the
Office of Thrift Supervision.
SEC. 619. "12 USC 1441a note" APPLICABILITY.
The amendments made by this title shall not apply to any eligible
residential property or eligible condominium property of the Resolution
Trust Corporation, that is subject to an agreement for sale entered into
by the Corporation before the date of the enactment of this Act.
SEC. 701. REAL ESTATE APPRAISALS.
(a) CERTIFICATION AND LICENSING REQUIREMENTS. -- Section 1116 of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 3345) is amended by adding at the end the following new
subsection:
"(e) AUTHORITY OF THE APPRAISAL SUBCOMMITTEE. -- The Appraisal
Subcommittee shall not set qualifications or experience requirements for
the States in licensing real estate appraisers. Recommendations of the
Subcommittee shall be nonbinding on the States.
(b) USE OF STATE CERTIFIED AND STATE LICENSED APPRAISERS. --
(1) EFFECTIVE DATE FOR USE. -- Section 1119(a)(1) of the
Financial Institutions Reform, Recovery and Enforcement Act of
1989 (12 U.S.C. 3348(a)(1)) is amended by striking "July 1, 1991"
and inserting "December 31, 1992".
(2) EXTENSION OF EFFECTIVE DATE. -- Section 1119(b) of the
Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (12 U.S.C. 3348(b)) is amended --
(A) in the first sentence, by striking "leading to inordinate
delays" and inserting ", or in any geographical political
subdivision of a State, leading to significant delays"; and
(B) in the second sentence, by striking "inordinate" and
inserting "significant".
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 3435:
HOUSE REPORTS: No. 102-358, Pts. 1 and 2 (Comm. on Banking, Finance
and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House. Nov. 27, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
12, Presidential statement.
Public Law 102-232, 105 Stat. 1733
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act "8 USC 1101 note" may be cited as the
"Miscellaneous and Technical Immigration and Naturalization Amendments
of 1991".
(b) TABLE OF CONTENTS. -- The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 101. Short title of title.
Sec. 102. Court authority to administer oaths of allegiance for
naturalization.
Sec. 201. Short title of title.
Sec. 202. Repeal of numerical limitations on P-1 and P-3
nonimmigrants; GAO report.
Sec. 203. Standards for classification of P-1 nonimmigrants.
Sec. 204. Consultation requirement.
Sec. 205. Amendments relating to O nonimmigrants.
Sec. 206. Amendments relating to P nonimmigrants.
Sec. 207. Other amendments.
Sec. 208. Effective date.
Sec. 301. Short title of title; reference to the Immigration and
Nationality Act.
Sec. 302. Corrections relating to title I of the Immigration Act of
1990.
Sec. 303. Corrections relating to title II of the Immigration Act of
1990.
Sec. 304. Corrections relating to title III of the Immigration Act
of 1990.
Sec. 305. Corrections relating to title IV of the Immigration Act of
1990.
Sec. 306. Corrections relating to title V of the Immigration Act of
1990.
Sec. 307. Corrections relating to title VI of the Immigration Act of
1990.
Sec. 308. Corrections relating to title VII of the Immigration Act
of 1990.
Sec. 309. Additional miscellaneous corrections.
Sec. 310. Effective dates.
SEC. 101. SHORT TITLE OF TITLE.
This title "8 USC 1101 note" may be cited as the "Judicial
Naturalization Ceremonies Amendments of 1991".
SEC. 102. COURT AUTHORITY TO ADMINISTER OATHS OF ALLEGIANCE FOR
NATURALIZATION.
(a) IN GENERAL. -- Subsection (b) of section 310 of the Immigration
and Nationality Act (8 U.S.C. 1421), as amended by section 401(a) of the
Immigration Act of 1990, is amended to read as follows:
"(b) COURT AUTHORITY TO ADMINISTER OATHS. --
"(1) JURISDICTION. -- Subject to section 337(c) --
"(A) GENERAL JURISDICTION. -- Except as provided in
subparagraph (B), each applicant for naturalization may choose to
have the oath of allegiance under section 337(a) administered by
the Attorney General or by an eligible court described in
paragraph (5). Each such eligible court shall have authority to
administer such oath of allegiance to persons residing within the
jurisdiction of the court.
"(B) EXCLUSIVE AUTHORITY. -- An eligible court described in
paragraph (5) that wishes to have exclusive authority to
administer the oath of allegiance under section 337(a) to persons
residing within the jurisdiction of the court during the period
described in paragraph (3)(A)(i) shall notify the Attorney General
of such wish and, subject to this subsection, shall have such
exclusive authority with respect to such persons during such
period.
"(2) INFORMATION. --
"(A) GENERAL INFORMATION. -- In the case of a court exercising
authority under paragraph (1), in accordance with procedures
established by the Attorney General --
"(i) the applicant for naturalization shall notify the Attorney
General of the intent to be naturalized before the court, and
"(ii) the Attorney General --
"(I) shall forward to the court (not later than 10 days after
the date of approval of an application for naturalization in the
case of a court which has provided notice under paragraph (1)(B)
such information as may be necessary to administer the oath of
allegiance under section 337(a), and
"(II) shall promptly forward to the court a certificate of
naturalization (prepared by the Attorney General).
"(B) ASSIGNMENT OF INDIVIDUALS IN THE CASE OF EXCLUSIVE
AUTHORITY. -- If an eligible court has provided notice under
paragraph (1)(B), the Attorney General shall inform each person
(residing within the jurisdiction of the court), at the time of
the approval of the person's application for naturalization, of --
"(i) the court's exclusive authority to administer the oath of
allegiance under section 337(a) to such a person during the period
specified in paragraph (3)(A)(i), and
"(ii) the date or dates (if any) under paragraph (3)(B) on
which the court has scheduled oath administration ceremonies.
If more than one eligible court in an area has provided notice
under paragraph (1)(B), the Attorney General shall permit the
person, at the time of the approval, to choose the court to which
the information will be forwarded for administration of the oath
of allegiance under this section.
"(3) SCOPE OF EXCLUSIVE AUTHORITY. --
"(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED. -- The
exclusive authority of a court to administer the oath of
allegiance under paragraph (1)(B) shall apply with respect to a
person --
"(i) only during the 45-day period beginning on the date on
which the Attorney General certifies to the court that an
applicant is eligible for naturalization, and
"(ii) only if the court has notified the Attorney General,
prior to the date of certification of eligibility, of the day or
days (during such 45-day period) on which the court has scheduled
oath administration ceremonies.
"(B) AUTHORITY OF ATTORNEY GENERAL. -- Subject to subparagraph
(C), the Attorney General shall not administer the oath of
allegiance to a person under subsection (a) during the period in
which exclusive authority to administer the oath of allegiance may
be exercised by an eligible court under this subsection with
respect to that person.
"(C) WAIVER OF EXCLUSIVE AUTHORITY. -- Notwithstanding the
previous provisions of this paragraph, a court may waive exclusive
authority to administer the oath of allegiance under section
337(a) to a person under this subsection if the Attorney General
has not provided the court with the certification described in
subparagraph (A)(i) within a reasonable time before the date
scheduled by the court for oath administration ceremonies. Upon
notification of a court's waiver of jurisdiction, the Attorney
General shall promptly notify the applicant.
"(4) ISSUANCE OF CERTIFICATES. -- The Attorney General shall
provide for the issuance of certificates of naturalization at the
time of administration of the oath of allegiance.
"(5) ELIGIBLE COURTS. -- For purposes of this section, the
term 'eligible court' means --
"(A) a District Court of the United States in any State, or
"(B) any court of record in any State having a seal, a clerk,
and jurisdiction in actions in law or equity, or law and equity,
in which the amount in controversy is unlimited.".
(b) CONFORMING AMENDMENTS. --
(1) FUNCTIONS OF CLERKS. -- Section 339(a) of such Act (8
U.S.C. 1450(a)) is amended --
(A) by striking paragraph (1) and inserting the following:
"(1) deliver to each person administered the oath of allegiance
by the court pursuant to section 337(a) the certificate of
naturalization prepared by the Attorney General pursuant to
section 310(b)(2)(A)(ii),",
(B) in paragraph (2), by inserting "a list of applicants
actually taking the oath at each scheduled ceremony and" after
"Attorney General",
(C) by striking paragraph (3),
(D) in paragraph (4), by striking the period at the end and
inserting ", and" and by redesignating such paragraph as paragraph
(3),
(E) by inserting after paragraph (3), as so redesignated, the
following new paragraph:
"(4) be responsible for all blank certificates of
naturalization received by them from time to time from the
Attorney General and shall account to the Attorney General for
them whenever required to do so.", and
(F) by adding at the end the following:
"No certificate of naturalization received by any clerk of court which
may be defaced or injured in such manner as to prevent its use as herein
provided shall in any case be destroyed, but such certificates shall be
returned to the Attorney General.".
(2) EXPEDITED ADMINISTRATION OF OATH. -- Subsection (c) of
section 337 of such Act (8 U.S.C. 1448) is amended to read as
follows:
"(c) Notwithstanding section 310(b), an individual may be granted an
expedited judicial oath admistration ceremony or administrative
naturalization by the Attorney General upon demonstrating sufficient
cause. In determining whether to grant an expedited judicial oath
administration ceremony, a court shall consider special circumstances
(such as serious illness of the applicant or a member of the applicant's
immediate family, permanent disability sufficiently incapacitating as to
prevent the applicant's personal appearance at the scheduled ceremony,
developmental disability or advanced age, or exigent circumstances
relating to travel or employment). If an expedited judicial oath
administration ceremony is impracticable, the court shall refer such
individual to the Attorney General who may provide for immediate
administrative naturalization.".
(3) FEES. -- Section 344 of such Act (8 U.S.C. 1455) is
amended by adding at the end the following new subsection:
"(f)(1) The Attorney General shall pay over to courts administering
oaths of allegiance to persons under this title a specified percentage
of all fees described in subsection (a)(1) collected by the Attorney
General with respect to persons administered the oath of allegiance by
the respective courts. The Attorney General, annually and in
consultation with the courts, shall determine the specified percentage
based on the proportion, of the total costs incurred by the Service and
courts for essential services directly related to the naturalization
process, which are incurred by courts.
"(2) The Attorney General shall provide on an annual basis to the
Committees on the Judiciary of the House of Representatives and the
Senate a detailed report on the use of the fees described in paragraph
(1) and shall consult with such Committees before increasing such
fees.".
(c) "8 USC 1421 note" EFFECTIVE DATE. -- The amendments made by this
title shall take effect 30 days after the date of the enactment of this
Act.
SEC. 201. "8 USC 1101 note" SHORT TITLE OF TITLE.
This title may be cited as the "O and P Nonimmigrant Amendments of
1991".
SEC. 202. REPEAL OF NUMERICAL LIMITATIONS ON P-1 AND P-3
NONIMMIGRANTS; GAO REPORT.
(a) IN GENERAL. -- Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)), as added by section 205(a) of the
Immigration Act of 1990, is amended --
(1) by adding "or" at the end of subparagraph (A),
(2) by striking ", or" at the end of subparagraph (B) and
inserting a period, and
(3) by striking subparagraph (C).
(b) "8 USC 1101 note" REPORT. -- (1) By not later than October 1,
1994, the Comptroller General of the United States shall submit to the
Committees on the Judiciary of the Senate and of the House of
Representatives a report containing information relating to the
admission of artists, entertainers, athletes, and related support
personnel as nonimmigrants under subparagraphs (O) and (P) of section
101(a)(15) of the Immigration and Nationality Act, and information on
the laws, regulations, and practices in effect in other countries that
affect United States citizens and permanent resident aliens in the arts,
entertainment, and athletics, in order to evaluate the impact of such
admissions, laws, regulations, and practices on such citizens and
aliens.
(2) Not later than 30 days after the date the Committee of the
Judiciary on the Senate receives the report under paragraph (1), the
Chairman of the Committee shall make the report available to interested
parties and shall hold a hearing respecting the report. No later than
90 days after the date of receipt of the report, such Committee shall
report to the Senate its findings and any legislation it deems
appropriate.
SEC. 203. STANDARDS FOR CLASSIFICATION OF P-1 NONIMMIGRANTS.
(a) SUBSTITUTION OF NEW STANDARDS. -- Clause (i) of section
101(a)(15)(P) of the Immigration and Nationality Act, as added by
section 207(a)(3) of the Immigration Act of 1990, "8 USC 1101" is
amended to read as follows:
"(i)(a) is described in section 214(c)(4)(A) (relating to
athletes), or (b) is described in section 214(c)(4)(B) (relating
to entertainment groups);".
(b) NEW STANDARDS. -- Section 214(c)(4) of such Act, as added by
section 207(b)(2)(B) of the Immigration Act of 1990, is amended by
redesignating subparagraphs (A) through (C) as subparagraphs (C) through
(E) and by inserting before subparagraph (C), as so redesignated, the
following new subparagraphs:
"(A) For purposes of section 101(a)(15)(P)(i)(a), an alien is
described in this subparagraph if the alien --
"(i) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance,
and
"(ii) seeks to enter the United States temporarily and solely
for the purpose of performing as such an athlete with respect to a
specific athletic competition.
"(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien is
described in this subparagraph if the alien --
"(I) performs with or is an integral and essential part of the
performance of an entertainment group that has (except as provided
in clause (ii)) been recognized internationally as being
outstanding in the discipline for a sustained and substantial
period of time,
"(II) in the case of a performer or entertainer, except as
provided in clause (iii), has had a sustained and substantial
relationship with that group (ordinarily for at least one year)
and provides functions integral to the performance of the group,
and
"(III) seeks to enter the United States temporarily and solely
for the purpose of performing as such a performer or entertainer
or as an integral and essential part of a performance.
"(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a sustained and
substantial period of time, the Attorney General may, in consideration
of special circumstances, waive the international recognition
requirement of clause (i)(I).
"(iii)(I) The one-year relationship requirement of clause (i)(II
shall not apply to 25 percent of the performers and entertainers in a
group.
"(II) The Attorney General may waive such one-year relationship
requirement for an alien who because of illness or unanticipated and
exigent circumstances replaces an essential member of the group and for
an alien who augments the group by performing a critical role.
"(iv) The requirements of subclauses (I) and (II) of clause (i) shall
not apply to alien circus personnel who perform as part of a circus or
circus group or who constitute an integral and essential part of the
performance of such circus or circus group, but only if such personnel
are entering the United States to join a circus that has been recognized
nationally as outstanding for a sustained and substantial period of time
or as part of such a circus.".
SEC. 204. CONSULTATION REQUIREMENT.
Section 214(c) of the Immigration and Nationality Act, as amended by
section 207(b)(2) "8 USC 1184" of the Immigration Act of 1990, is
amended --
(1) in paragraph (3)(A), by striking "after consultation with
peer groups in the area of the alien's ability" and inserting
"after consultation in accordance with paragraph (6)",
(2) in paragraph (3)(B), by striking "after consultation with
labor organizations with expertise in the skill area involved" and
inserting "after consultation in accordance with paragraph (6) or,
in the case of such an alien seeking entry for a motion picture or
television production, after consultation with such a labor
organization and a management organization in the area of the
alien's ability",
(3) in paragraph (4)(C), as redesignated by section 203(b), by
striking "clause (ii) of",
(4) in paragraph (4)(D), as redesignated by section 203(b), by
striking "after consultation with labor organizations with
expertise in the specific field of athletics or entertainment
involved" and inserting "after consultation in accordance with
paragraph (6)",
(5) by redesignating paragraph (6) as paragraph (7), and
(6) by inserting after paragraph (5) the following new
paragraph:
"(6)(A)(i) To meet the consultation requirement of paragraph (3)(A)
in the case of a petition for a nonimmigrant described in section
101(a)(15)(O)(i) (other than with respect to aliens seeking entry for a
motion picture or television production), the petitioner shall submit
with the petition an advisory opinion from a peer group (or other person
or persons of its choosing, which may include a labor organization) with
expertise in the specific field involved.
"(ii) To meet the consultation requirement of paragraph (3)(B) in the
case of a petition for a nonimmigrant described in section
101(a)(15)(O)(ii) (other than with respect to aliens seeking entry for a
motion picture or television production), the petitioner shall submit
with the petition an advisory opinion from a labor organization with
expertise in the skill area involved.
"(iii) To meet the consultation requirement of paragraph (4)(D) in
the case of a petition for a nonimmigrant described in section
101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the petitioner shall submit with
the petition an advisory opinion from a labor organization with
expertise in the specific field of athletics or entertainment involved.
"(B) To meet the consultation requirements of subparagraph (A),
unless the petitioner submits with the petition an advisory opinion from
an appropriate labor organization, the Attorney General shall forward a
copy of the petition and all supporting documentation to the national
office of an appropriate labor organization within 5 days of the date of
receipt of the petition. If there is a collective bargaining
representative of an employer's employee in the occupational
classification for which the alien is being sought, that representative
shall be the appropriate labor organization.
"(C) In those cases in which a petitioner described in subparagraph
(A) establishes that an appropriate peer group (including a labor
organization) does not exist, the Attorney General shall adjudicate the
petition without requiring an advisory opinion.
"(D) Any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall have no
more than 15 days following the date of receipt of such documents within
which to submit a written advisory opinion or comment or to provide a
letter of no objection. Once the 15-day period has expired and the
petitioner has had an opportunity, where appropriate, to supply rebuttal
evidence, the Attorney General shall adjudicate such petition in no more
than 14 days. The Attorney General may shorten any specified time
period for emergency reasons if no unreasonable burden would be thus
imposed on any participant in the process.
"(E)(i) The Attorney General shall establish by regulation expedited
consultation procedures in the case of nonimmigrant artists or
entertainers described in section 101(a)(15)(O) or 101(a)(15)(P) to
accommodate the exigencies and scheduling of a given production or
event.
"(ii) The Attorney General shall establish by regulation expedited
consultation procedures in the case of nonimmigrant athletes described
in section 101(a)(15)(O)(i) or 101(a)(15)(P)(i) in the case of emergency
circumstances (including trades during a season).
"(F) No consultation required under this subsection by the Attorney
General with a nongovernmental entity shall be construed as permitting
the Attorney General to delegate any authority under this subsection to
such an entity. The Attorney General shall give such weight to advisory
opinions provided under this section as the Attorney General determines,
in his sole discretion, to be appropriate.".
SEC. 205. AMENDMENTS RELATING TO O NONIMMIGRANTS.
(a) DEFINITION OF EXTRAORDINARY ABILITY IN THE ARTS FOR O
NONIMMIGRANTS. -- Section 101(a) of the Immigration and Nationality
Act, as amended by sections 123 and 204(c) of the Immigration Act of
1990, "8 USC 1101" is amended by adding at the end the following new
paragraph:
"(46) The term 'extraordinary ability' means, for purposes of section
101(a)(15)(O)(i), in the case of the arts, distinction.".
(b) ELIMINATING ADDITIONAL PAPERWORK REQUIREMENT FOR O-1S. --
Section 101(a)(15)(O)(i) of the Immigration and Nationality Act, as
amended by section 207(a)(3) of the Immigration Act of 1990, is amended
by striking ", but only" and all that follows up to the semicolon at the
end.
(c) CLARIFICATION OF SIGNIFICANT PHOTOGRAPHY FOR O-2S. -- Section
101(a)(15)(O)(ii)(III)(b) of the Immigration and Nationality Act, as
added by section 207(a)(3) of the Immigration Act of 1990, is amended by
striking "significant principal photography" and inserting "significant
production (including pre- and post-production work)".
(d) CLARIFICATION OF MULTIPLE EVENTS FOR VISAS FOR O NONIMMIGRANTS.
-- Section 214(a)(2)(A) of the Immigration and Nationality Act, as added
by section 207(b)(1) of the Immigration Act of 1990, "8 USC 1184" is
amended by inserting "(or events)" after "event".
(e) CONSULTATION WITH RESPECT TO READMITTED O-1 NONIMMIGRANTS. --
Section 214(c)(3) of the Immigration and Nationality Act, as added by
section 207(b)(2)(B) of the Immigration Act of 1990, is amended by
adding at the end the following: "The Attorney General shall provide by
regulation for the waiver of the consultation requirement under
subparagraph (A) in the case of aliens who have been admitted as
nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary
ability in the arts and who seek readmission to perform similar services
within 2 years after the date of a consultation under such subparagraph.
Not later than 5 days after the date such a waiver is provided, the
Attorney General shall forward a copy of the petition and all supporting
documentation to the national office of an appropriate labor
organization.".
SEC. 206. AMENDMENTS RELATING TO P NONIMMIGRANTS.
(a) ELIMINATING 3-MONTH OUT-OF-COUNTRY RULE FOR P-2 AND P-3
NONIMMIGRANTS. -- Section 214(a)(2)(B) of the Immigration and
Nationality Act, as added by section 207(b)(1) of the Immigration Act of
1990, is amended --
(1) by striking "(B)(i)" and inserting "(B)", and
(2) by striking clause (ii).
(b) TREATMENT OF FOREIGN ORGANIZATIONS FOR P-2 NONIMMIGRANTS. --
Section 101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as
added by section 207(a)(3) of the Immigration Act of 1990, is amended by
inserting "or organizations" after "and an organization".
(c) TREATMENT OF P-2 NONIMMIGRANTS. -- (1) Section
101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added
by section 207(a)(3) of the Immigration Act of 1990, is amended by
striking ", between the United States and the foreign states involved".
(2) Section 214(c)(4)(E) of the Immigration and Nationality Act, as
added by 207(b)(2)(B) of the Immigration Act of 1990 and as redesignated
by section 203(b) of this title, "8 USC 1184" is amended by striking ",
in order to assure reciprocity in fact with foreign states".
(d) PERFORMANCE OF TEACHING AND COACHING FUNCTIONS BY P-3
NONIMMIGRANTS. -- Section 101(a)(15)(P)(iii)(II) of the Immigration and
Nationality Act, as added by section 207(a)(3) "8 USC 1101" of the
Immigration Act of 1990, is amended --
(1) by striking "for the purpose of performing" and inserting
"to perform, teach, or coach", and
(2) by inserting "commercial or noncommercial" before
"program".
SEC. 207. OTHER AMENDMENTS.
(a) RETURN TRANSPORTATION REQUIREMENT FOR O AND P NONIMMIGRANTS. --
Section 214(c)(5) of the Immigration and Nationality Act, as added by
section 207(b)(2) of the Immigration Act of 1990, "8 USC 1184" is
amended by inserting "(A)" after "(5)" and by adding at the end the
following new subparagraph:
"(B) In the case of an alien who enters the United States in
nonimmigrant status under section 101(a)(15)(O) or 101(a)(15)(P) and
whose employment terminates for reasons other than voluntary
resignation, the employer whose offer of employment formed the basis of
such nonimmigrant status and the petitioner are jointly and severally
liable for the reasonable cost of return transportation of the alien
abroad. The petitioner shall provide assurances satisfactory to the
Attorney General that the reasonable cost of that transportation will be
provided.".
(b) ENTRY OF FASHION MODELS UNDER H-1B. -- Section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, as amended
by section 205(c)(1) of the Immigration Act of 1990, is amended --
(1) by inserting "or as a fashion model" after "214(i)(1)", and
(2) by inserting "or, in the case of a fashion model, is of
distinguished merit and ability" after "214(i)(2)".
(c) ANNUAL REPORT. --
(1) IN GENERAL. -- Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(3)), as amended by section
207(b)(2) of the Immigration Act of 1990 and by section 204 of
this title, is amended by adding at the end the following new
paragraph:
"(8) The Attorney General shall submit annually to the Committees on
the Judiciary of the House of Representatives and of the Senate a report
describing, with respect to petitions under each subcategory of
subparagraphs (H), (O), (P), and (Q) of section 101(a)(15) the
following:
"(A) The number of such petitions which have been filed.
"(B) The number of such petitions which have been approved and
the number of workers (by occupation) included in such approved
petitions.
"(C) The number of such petitions which have been denied and
the number of workers (by occupation) requested in such denied
petitions.
"(D) The number of such petitions which have been withdrawn.
"(E) The number of such petitions which are awaiting final
action.".
(2) "8 USC 1184 note" DEADLINE FOR FIRST REPORT. -- The first
report under section 214(c)(8) of the Immigration and Nationality
Act shall be provided not later than April 1, 1993.
SEC. 208. "8 USC 1101 note" EFFECTIVE DATE.
The provisions of, and amendments made by, this title shall take
effect on April 1, 1992.
SEC. 301. SHORT TITLE OF TITLE; REFERENCE TO THE IMMIGRATION AND
NATIONALITY ACT.
(a) "8 USC 1101 note" This title may be cited as the "Immigration
Technical Corrections Act of 1991".
(b) In this title, the term "INA" means the Immigration and
Nationality Act.
SEC. 302. CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF
1990.
(a)(1) Section 201 of the INA, as amended by section 101(a) of the
Immigration Act "8 USC 1151" of 1990, is amended --
(A) in subsection (c)(3), by striking "(3) The number computed
under this paragraph for a fiscal year" and inserting the
following:
"(3)(A) The number computed under this paragraph for fiscal year 1992
is zero.
"(B) The number computed under this paragraph for fiscal year 1993 is
the difference (if any) between the worldwide level established under
paragraph (1) for the previous fiscal year and the number of visas
issued under section 203(a) during that fiscal year.
"(C) The number computed under this paragraph for a subsequent fiscal
year"; and
(B) in subsection (d)(2), by striking "(2) The number computed
under this paragraph for a fiscal year" and inserting the
following:
"(2)(A) The number computed under this paragraph for fiscal year 1992
is zero.
"(B) The number computed under this paragraph for fiscal year 1993 is
the difference (if any) between the worldwide level established under
paragraph (1) for the previous fiscal year and the number of visas
issued under section 203(b) during that fiscal year.
"(C) The number computed under this paragraph for a subsequent fiscal
year".
(2) Section 101 "8 USC 1151" of the Immigration Act of 1990 is
amended by adding at the end the following new subsection:
"(c) "8 USC 1151 note" TRANSITION. -- In applying the second
sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (as amended by subsection (a)) in the case of an alien whose citizen
spouse died before the date of the enactment of this Act,
notwithstanding the deadline specified in such sentence the alien spouse
may file the classification petition referred to in such sentence within
2 years after the date of the enactment of this Act.".
(3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of
the Immigration Act "8 USC 1152" of 1990, is amended by striking
"MINIMUM".
(b)(1) Section 112 "8 USC 1153 note" of the Immigration Act of 1990
is amended --
(A) in subsection (c), by striking "temporary or" before
paragraph (1), and
(B) by adding at the end the following:
"(d) DEFINITIONS. -- The definitions in the Immigration and
Nationality Act shall apply in the administration of this section.".
(2) Section 203(b) of the INA, as inserted by section 121(a) of the
Immigration Act of 1990, "8 USC 1153" is amended --
(A) in paragraphs (1), (2), and (3), by striking "40,000" and
inserting "28.6 percent of such worldwide level" each place it
appears,
(B) in paragraph (1)(C), by striking "who seeks" and inserting
"the alien seeks",
(C) in paragraphs (4) and (5), by striking "10,000" and
inserting "7.1 percent of such worldwide level" each place it
appears, and
"(D) in paragraph (2)(B), by inserting "professions," after
"arts,".
(3) Section 216A of the INA, as inserted by section 121(b)(1) of the
Immigration Act "8 USC 1186b" of 1990, is amended --
(A) in subsection (c)(2)(A), by inserting "(and the alien's
spouse and children if it was obtained on a conditional basis
under this section or section 216)" after "status of the alien",
and
(B) in subsections (c)(3)(B) and (d)(2)(A), by striking
"obtaining the status of".
(4) Section 121(b)(2) "104 Stat. 4994" of the Immigration Act of 1990
is amended by striking "exclusion" and inserting "deportation".
(5) Section 124(a) "8 USC 1153 note" of the Immigration Act of 1990
is amended --
(A) in paragraph (1) --
(i) by inserting "(or paragraph (2) as the spouse or child of
such an alien)" after "paragraph (3)", and (ii) by adding at the
end the following new sentence: "If the full number of such visas
are not made available in fiscal year 1991 or 1992, the shortfall
shall be added to the number of such visas to be made available
under this section in the succeeding fiscal year."; and
(B) in paragraph (3)(A), by striking "(and has been so employed
during the 12 previous, consecutive months)" and inserting "except
for temporary absences at the request of the employer and has been
employed in Hong Kong for at least 12 consecutive months".
(6) Section 132 "8 USC 1153 note" of the Immigration Act of 1990 is
amended --
(A) in subsection (a), by inserting "(or in subsection (d) as
the spouse or child of such an alien)" after "subsection (b)";
(B) in subsection (a), by adding at the end the following new
sentence: "If the full number of such visas are not made
available in fiscal year 1992 or 1993, the shortfall shall be
added to the number of such visas to be made available under this
section in the succeeding fiscal year.";
(C) in subsection (b)(1), effective after fiscal year 1992, by
striking "that is not contiguous to the United States and ";
(D) in subsection (c) --
(i) effective beginning with fiscal year 1993, by striking "in
the chronological order in which aliens apply for each fiscal
year" and inserting "strictly in a random order among those who
qualify during the application period for each fiscal year
established by the Secretary of State",
(ii) by inserting before the period at the end the following:
"and except that if more than one application is submitted for any
fiscal year (beginning with fiscal year 1993) with respect to any
alien all such applications submitted with respect to the alien
and fiscal year shall be voided", and
(iii) by adding at the end the following: "If the minimum
number of such visas are not made available in fiscal year 1992 or
1993 to such natives, the shortfall shall be added to the number
of such visas to be made available under this section to such
natives in the succeeding fiscal year. In applying this section,
natives of Northern Ireland shall be deemed to be natives of
Ireland."; and
(E) in subsection (e) --
(i) by striking "the grounds" and all that follows through
"shall not apply and",
(ii) by striking "of such section" and inserting "of section
212(a) of the Immigration and Nationality Act", and
(iii) by adding at the end the following: "In addition, the
provisions of section 212(e) of such Act shall not apply so as to
prevent an individual's application for a visa or admission under
this section.".
(7) Section 134(a) "8 USC 1153 note" of the Immigration Act of 1990
is amended by inserting "(or in subsection (d) as the spouse or child of
such an alien)" after "subsection (b)".
(c)(1) Section 141 "8 USC 1101 note" of the Immigration Act of 1990
is amended --
(A) in the heading, by striking "LEGAL",
(B) in subsection (a), by striking "Legal",
(C) in subsection (a)(1)(B), by striking "of the Subcommittee"
and all that follows through "International Law", and
(D) by adding at the end the following new subsection:
"(i) PRESIDENTIAL REPORT. -- The President shall conduct a review
and evaluation and provide for the transmittal of reports to the
Congress in the same manner as the Commission is required to conduct a
review and evaluation and to transmit reports under subsection (b).".
(2) The item in the table of contents of such Act relating to section
141 is amended to read as follows:
"Sec. 141. Commission on Immigration Reform.".
(d)(1) Section 152(b)(1)(A) "8 USC 1101 note" of the Immigration Act
of 1990 is amended by striking "who has performed faithful service" and
inserting "and has performed faithful service as such an employee".
(2) Section 245 of the INA, as amended by section 2(c) of the Armed
Forces Immigration Adjustment Act "8 USC 1255" of 1991, is amended --
(A) in subsection (c)(2), by inserting "(J)," after "(I),", and
(B) by adding at the end the following new subsection:
"(h) In applying this section to a special immigrant described in
section 101(a)(27)(J) --
"(1) such an immigrant shall be deemed, for purposes of
subsection (a), to have been paroled into the United States; and
"(2) in determining the alien's admissibility as an immigrant
--
"(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) shall
not apply, and
"(B) the Attorney General may waive other paragraphs of section
212(a) (other than paragraphs (2)(A), (2)(B), (2)(C) (except for
so much of such paragraph as related to a single offense of simple
possession of 30 grams or less of marijuana), (3)(A), (3)(B),
(3)(C), or (3)(E)) in the case of individual aliens for
humanitarian purposes, family unity, or when it is otherwise in
the public interest.
The relationship between an alien and the alien's natural parents or
prior adoptive parents shall not be considered a factor in making a
waiver under paragraph (2)(B). Nothing in this subsection or section
101(a)(27)(J) shall be construed as authorizing an alien to apply for
admission or be admitted to the United States in order to obtain special
immigrant status described in such section.".
(3) Section 241(h) of the INA, as amended by section 153(b) of the
Immigration Act "8 USC 1251" of 1990, is amended by striking the comma
after "(3)(A)".
(4) Section 154 of the Immigration Act "8 USC 1201 note" of 1990 is
amended --
(A) in subsection (b)(1)(A, by inserting "or China" after "Hong
Kong",
(B) in subsection (b)(1)(B)(i), by inserting "of" after "of
section 203(a)", and
(C) by striking paragraph (3) of subsection (c).
(5) Section 155 of the Immigration Act "8 USC 1153 note" of 1990 is
amended --
(A) in subsection (a), by inserting "(or section 203(e), in the
case of fiscal year 1992)" after "203(c)", and
(B) in subsection (b), by striking "or the child" and inserting
"or who are the spouse or child".
(e)(1) Section 161(a) of the Immigration Act "8 USC 1101 note" of
1990 is amended by striking "in this section," and inserting "in this
title, this title and".
(2) Section 161(c)(1) of the Immigration Act of 1990 is amended --
(A) by inserting "or an application for labor certification
before such date under section 212(a)(14)" after "before such
date)",
(B) in subparagraph (A), by inserting "or application" after
"such a petition",
(C) in subparagraph (A), by inserting ", or 60 days after the
date of certification in the case of labor certifications filed in
support of the petition under section 212(a)(14) of such Act
before October 1, 1991, but not certified until after October 1,
1993" after "(by not later than October 1, 1993", and
(D) by adding at the end the following new sentence:
"In the case of a petition filed under section 204(a) of such
Act before October 1, 1991, but which is not described in
paragraph (4), and for which a filing fee was paid, any additional
filing fee shall not exceed one-half of the fee for the filing of
the new petition referred to in subparagraph (A).".
(3) Section 203(f) of the INA, as inserted by section 162(a) of the
Immigration Act "8 USC 1153" of 1990, is amended --
(A) by striking "PRESUMPTION. -- " and all that follows
through "so described." and inserting "AUTHORIZATION FOR ISSUANCE.
-- ", and
(B) by striking "201(b)(1) or in subsection (a) or (b)" and
inserting "201(b)(2) or in subsection (a), (b), or (c)".
(4) Section 204(a)(1) of the INA, as amended by section 162(b) of the
Immigration Act "8 USC 1154" of 1990, is amended --
(A) in subparagraph (A), by adding at the end the following:
"An alien described in the second sentence of section
201(b)(2)(A)(i) also may file a petition with the Attorney General
under this subparagraph for classification under such section.",
(B) in subparagraph (F), by striking "Secretary of State" and
inserting "Attorney General", and
(C) in subparagraph (G)(iii), by striking "or registration".
(5) Section 204(e) of the INA, as amended by section 162(b)(3) of the
Immigration Act "8 USC 1154" of 1990, is amended by striking "a
immigrant" and inserting "an immigrant".
(6) Paragraph (1) of section 162(e) of the Immigration Act "8 USC
1182" of 1990 is repealed, and the provisions of law amended by such
paragraph are restored as though such paragraph had not been enacted.
(7) Section 245(b) of the INA, as amended by section 162(e)(3) of the
Immigration Act "8 USC 1255" of 1990, is amended --
(A) by striking "201(a)" and inserting "202 and 203", and
(B) by striking "for the succeeding fiscal year" and inserting
"for the fiscal year then current".
(8) Effective as if included in section 162(e) of the Immigration Act
of 1990 --
(A) "8 USC 1101" clauses (ii)(II) and (iii)(II) of section
101(a)(27)(I) of the INA are amended by striking "applies for a
visa or adjustment of status" and inserting "files a petition for
status",
(B) section 216(g)(1) "8 USC 1186a" of the INA is amended by
striking "203(a)(8)" and inserting "203(d)"; and
(C) section 221(a) "8 USC 1201" of the INA is amended by
striking "non-preference,".
(9) Effective as if included in the Immigration Nursing Relief Act of
1989, section 201(m)(2)(A) "8 USC 1182" of the INA is amended, by
inserting after the first sentence following clause (vi) the following:
"Notwithstanding the previous sentence, a facility that lays off a
registered nurse other than a staff nurse still meets clause (i) is, in
its attestation under this subparagraph, the facility has attested that
it will not replace the nurse with a nonimmigrant described in section
101(a)(15)(H)(i)(a) (either through promotion or otherwise) for a period
of 1 year after the date of the lay off.".
(10) Effective as if included in the Immigration Nursing Relief Act
of 1989, as amended by section 162(f)(1)(B) of the Immigration Act of
1990, "8 USC 1255 note" section 2(b) of the Immigration Nursing Relief
Act of 1989 is amended by inserting after "registered nurse," the
following: "who, as of September 1, 1989, is present in the United
States and had been admitted to the United States in the status of
nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform
services as a registered nurse but has failed to maintain that status
due to the expiration of the time limitation with respect to such
status,".
SEC. 303. CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION ACT OF
1990.
(a)(1) Section 217 of the INA, as amended by section 201(a) of the
Immigration Act of 1990, "8 USC 1187" is amended --
(A) in subsection (a)(4), by striking "BY SEA OR AIR" and
inserting "INTO THE UNITED STATES", and
(B) in the heading of subsection (b), by striking "RIGHTS" and
inserting "RIGHTS".
(2) Section 217(e)(1) of the INA, as redesignated by section
201(a)(7) of the Immigration Act of 1990, is amended by striking
"(a)(4)(C)" and inserting "(a)(4)".
(3) The second sentence of section 251(d) of the INA, as inserted by
section 203(b)(2) "8 USC 1281" of the Immigration Act of 1990, is
amended by striking "charterer" and inserting "consignee".
(4) Section 258(c)(2)(B) of the INA, as inserted by section 203(a)(1)
of the Immigration Act of 1990, "8 USC 1288" is amended by striking
"each such list" and inserting "each list".
(5)(A) Section 101(a)(15)(H)(i)(b) of the INA, as amended by section
205(c)(1) of the Immigration Act of 1990, "8 USC 1101" is amended by
inserting "subject to section 212(j)(2)," after "(b)".
(B) Section 212(j) "8 USC 1182" of the INA is amended by striking
paragraph (2) and inserting the following:
"(2) An alien who is a graduate of a medical school and who is coming
to the United States to perform services as a member of the medical
profession may not be admitted as a nonimmigrant under section
101(a)(15)(H)(i)(b) unless --
"(A) the alien is coming pursuant to an invitation from a
public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both,
at or for such institution or agency, or
"(B)(i) the alien has passed the Federation licensing
examination (administered by the Federation of State Medical
Boards of the United States) or an equivalent examination as
determined by the Secretary of Health and Human Services, and
"(ii)(I) has competency in oral and written English or (II) is
a graduate of a school of medicine which is accredited by a body
or bodies approved for the purpose by the Secretary of Education
(regardless of whether such school of medicine is in the United
States).".
(6) Section 212(n)(1)(A)(ii) of the INA, as added by section
205(c)(3) of the Immigration Act of 1990, is amended by striking "for
such aliens" and inserting "for such a nonimmigrant".
(7)(A) Section 101(a)(15)(H)(i) of the INA, as amended by section
205(c)(1) of the Immigration Act of 1990, is amended by striking ", and
had approved by,".
(B) Section 212(n) of the INA, as added by section 205(c)(3) of the
Immigration Act of 1990, is amended --
(i) in paragraph (1)(A) --
(I) by striking "and to other individuals employed in the
occupational classification and in the area of employment" and
inserting "admitted or provided status as a nonimmigrant described
in section 101(a)(15)(H)(i)(b)",
(II) by amending subclause (I) to read as follows:
"(I) the actual wage level paid by the employer to all other
individuals with similar experience and qualifications for the
specific employment in question, or",
(III) after subclause (II), by striking "determined" and
inserting "based on the best information available";
(ii) in paragraph (1)(D), by striking "(and accompanying
documentation)" and inserting "(and such accompanying documents as
are necessary)";
(iii) in paragraph (1), by moving the matter after the first
sentence of subparagraph (D) flush with the left margin and by
adding at the end the following:
"The Secretary of Labor shall review such an application only for
completeness and obvious inaccuracies. Unless the Secretary finds that
the application is incomplete or obviously inaccurate, the Secretary
shall provide the certification described in section 101(a)(15)(H)(i)(b)
within 7 days of the date of the filing of the application.";
(iv) in paragraph (2)(C), by striking "(or a substantial
failure" and all that follows through "misrepresentation" and
inserting "of paragraph (1)(B), a substantial failure to meet a
condition of paragraphs (1)(C) or (1)(D), a willful failure to
meet a condition of paragraph (1)(A), or a misrepresentation";
(v) in paragraph (2)(D), by striking "In addition to the
sanctions provided under subparagraph (C), if" and inserting "If";
and
(vi) in paragraph (2)(D), by inserting before the period at the
end the following: ", whether or not a penalty under subparagraph
(C) has been imposed".
(8) The Secretary of Labor shall issue final or interim final
regulations to implement the changes made by this section to section
101(a)(15)(H)(i)(b) "8 USC 1101 note" and section 212(n) of the
Immigration and Nationality Act no later than January 2, 1992.
(9) Section 206(a) of the Immigration Act of 1990 "8 USC 1101 note"
is amended by inserting "and section 124(a)(3)(A) of this Act" after
"Immigration and Nationality Act".
(10) Section 214(c)(2) of the INA, as added by section 206(b)(2) of
the Immigration Act of 1990, "8 USC 1184" is amended --
(A) in subparagraph (A), by striking "individuals petitions"
and inserting "individual petitions", and
(B) in subpragraph (D)(ii), by striking "involved" and
inserting "involves".
(11) Section 214(a)(2)(A) of the INA, as added by section 207(b)(1)
of the Immigration Act of 1990, is amended by striking "under section
101(a)(15)(O)" and inserting "described in section 101(a)(15)(O)".
(12) Section 214(c)(5) of the INA, as added by section 207(b)(2)(B)
of the Immigration Act of 1990, is amended by striking "101(h)(ii)(b)"
and inserting "101(a)(15)(H)(ii)(b)".
(13) Section 207(c) "8 USC 1184 note" of the Immigration Act of 1990
is amended by inserting "of the Immigration and Nationality Act" after
"101(a)(15)(H)(ii)(a)" each place it appears.
(14) Section 101(a)(15)(Q) of the INA, as added by section 208(3) of
the Immigration Act of 1990, "8 USC 1101" is amended by striking
"designated" and inserting "approved".
(b)(1) Section 221(a) "8 USC 1184 note" of the Immigration Act of
1990 is amended --
(A) in the matter before paragraph (1), by striking "in a
position unrelated to the alien's field of study and", and
(B) in paragraph (1), by inserting "academic" before "year".
(2) Section 221(b) of the Immigration Act of 1990 is amended --
(A) by inserting "and the Secretary of Labor" after "the
Commissioner of the Immigration and Naturalization", and
(B) by inserting "a report" after "to the Congress".
(3) Section 222(a) "8 USC 1101 note" of the Immigration Act of 1990
is amended by striking "Subject to the succeeding provisions of this
section" and inserting "Subject to subsection (b)".
(4) Section 223(a) "8 USC 1101 note" of the Immigration Act of 1990
is amended --
(A) by striking the period at the end of paragraph (2) and
inserting a comma, and
(B) by adding at the end the following:
"or who is the spouse or minor child of such an alien if accompanying or
following to join the alien.".
SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT
OF 1990.
(a) Section 302(c) "8 USC 1254a note" of the Immigration Act of 1990
is amended by striking "AFFECT", "supercede", and "affect" and inserting
"EFFECT", "supersede", and "effect", respectively.
(b) Section 244A "8 USC 1254a" of the INA, as inserted by section
302(a) of the Immigration Act of 1990, is amended --
(1) in subsection (a)(1), by inserting after "designated under
subsection (b)" the following: "(or in the case of an alien
having no nationality, is a person who last habitually resided in
such designated state)",
(2) in paragraph (1)(B), by adding at the end the following:
"In the case of aliens registered pursuant to a designation under
this section made after July 17, 1991, the Attorney General may
impose a separate, additional fee for providing an alien with
documentation of work authorization. Notwithstanding section 3302
of title 31, United States Code, all fees collected under this
subparagraph shall be credited to the appropriation to be used in
carrying out this section.", and
(3) in subsection (c)(1)(A), by inserting after "designated
under subsection (b)(1)" the following: "(or in the case of an
alien having no nationality, is a person who last habitually
resided in such designated state)".
(c)(1) "8 USC 2154a note" In the case of an alien described in
paragraph (2) whom the Attorney General authorizes to travel abroad
temporarily and who returns to the United States in accordance with such
authorization --
(A) the alien shall be inspected and admitted in the same
immigration status the alien had at the time of departure if --
(i) in the case of an alien described in paragraph (2)(A), the
alien is found not to be excludable on a ground of exclusion
referred to in section 301(a)(1) of the Immigration Act of 1990,
or
(ii) in the case of an alien described in paragraph (2)(B), the
alien is found not to be excludable on a ground of exclusion
referred to in section 244A(c)(2)(A)(iii) of the Immigration and
Nationality Act; and
(B) the alien shall not be considered, by reason of such
authorized departure, to have failed to maintain continuous
physical presence in the United States for purposes of section
244(a) of the Immigration and Nationality Act if the absence meets
the requirements of section 244(b)(2) of such Act.
(2) Aliens described in this paragraph are the following:
(A) Aliens provided benefits under section 301 of the
Immigration Act of 1990 (relating to family unity).
(B) Aliens provided temporary protected status under section
244A of the Immigration and Nationality Act, including aliens
provided such status under section 303 of the Immigration Act of
1990.
SEC. 305. CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION ACT OF
1990.
(a) Section 310(b) of the INA, as amended by section 401(a) of the
Immigration Act of 1990, "8 USC 1421" is amended by striking "District
Court" and inserting "district court".
(b) Section 407(c)(11) of the Immigration Act "8 USC 1440" of 1990 is
amended by striking ", other than subsection (d)".
(c) Section 407(d)(8) "8 USC 1439" of the Immigration Act of 1990 is
amended by striking "Section 328(c) (8 U.S.C. 1439(c)) is amended" and
inserting "Subsections (b)(3) and (c) of section 328 (8 U.S.C. 1439) are
amended".
(d) Subsection (g) of section 334 of the INA, as redesignated by
section 407(d)(12)(E) "8 USC 1445" of the Immigration Act of 1990, is
redesignated as subsection (f).
(e) Section 407(d)(12)(B) "8 USC 1445" of the Immigration Act of 1990
is amended by adding "and" at the end of clause (i).
(f) Section 335(b) of the INA, as amended by section
407(d)(13)(C)(iii) "8 USC 1446" of the Immigration Act of 1990, is
amended by striking "District Court" and inserting "district court".
(g) Section 407(d)(14)(D)(i) "8 USC 1447" of the Immigration Act of
1990 is amended by striking "clerk of the court" and inserting "clerk of
court".
(h) Section 407(d)(14)(E)(ii) of the Immigration Act of 1990 is
amended by striking "persons" and inserting "person".
(i) Section 337(c) "8 USC 1448" of the INA is amended by striking
"before".
(j)(1) Section 407(d)(16)(C) "8 USC 1449" of the Immigration Act of
1990 is amended by striking the comma after "venue".
(2) Section 338 of the INA, as amended by section 407(d)(16)(C) of
the Immigration Act of 1990, is amended by striking "District" and
inserting "district" "8 USC 1449".
(k) Section 340 of the INA, as amended by section 407(d)(18) of the
Immigration Act "8 USC 1451" of 1990, is amended --
(1) in the first sentence of subsection (a), by striking
"District Court" and inserting "district court", and
(2) in the second sentence of subsection (g), by striking
"clerk of the court" and inserting "clerk of court".
(l) Section 407(d)(19)(A)(i) "8 USC 1455" of the Immigration Act of
1990 is amended by striking "clerk of the court" and inserting "clerk of
court".
(m) Effective as if included in section 407(d) of the Immigration Act
of 1990:
(1) Paragraph (24) "8 USC 1101" of section 101(a) of the INA is
repealed.
(2) Section 312 "8 USC 1423" of the INA is amended by striking
"petition" and inserting "application" each place it appears.
(3) The heading of section 322 "8 USC 1433" of the INA is
amended by striking "PETITION" and inserting "APPLICATION".
(4) The item in the table of contents of the INA relating to
section 322 is amended by striking "petition" and inserting
"application".
(5) Section 330 "8 USC 1441" of the INA is amended by striking
"of this subsection" and inserting "of this section".
(6) Section 332(a) "8 USC 1443" of the INA is amended by
striking "petitioners" and inserting "applicants".
(7) Section 334(a) of the INA is amended by striking ", in
duplicate,".
(8) Section 341(a) "8 USC 1452" of the INA is amended by
striking "a petitioner" and inserting "an applicant".
(n) Section 408(a)(2)(B) "8 USC 1421 note" of the Immigration Act of
1990 is amended by striking "on the date of the enactment of this Act"
and inserting "on January 1, 1992".
SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF
1990.
(a)(1) Section 101(a)(43) of the INA, as amended by section 501(a)(4)
of the Immigration Act "8 USC 1101" of 1990, is amended by striking ","
and inserting a period.
(2) Section 502(a) of the Immigration Act "8 USC 1105a" of 1990 is
amended by striking "(8 U.S.C. 1152a(a)(1))" and inserting "(8 U.S.C.
1105a(a)(1))".
(3) Section 287(a)(4) of the INA, as amended by section 503(a)(2) "8
USC 1357" of the Immigration Act of 1990, is amended by striking ", and"
at the end and inserting "; and".
(4) Subparagraph (B) of section 242(a)(2) of the INA, as added by
section 504(a)(5) "8 USC 1252" of the Immigration Act of 1990, is
amended to read as follows:
"(B) The Attorney General may not release from custody any lawfully
admitted alien who has been convicted of an aggravated felony, either
before or after a determination of deportability, unless the alien
demonstrates to the satisfaction of the Attorney General that such alien
is not a threat to the community and that the alien is likely to appear
before any scheduled hearings.".
(5) Section 236(e)(1) "8 USC 1226" of the INA, as amended by section
504(b) of the Immigration Act of 1990, is amended by striking "upon
completion of the alien's sentence for such conviction" and inserting
"upon release of the alien (regardless of whether or not such release is
on parole, supervised release, or probation, and regardless of the
possibility of rearrest or further confinement in respect of the same
offense)".
(6) Section 503(a)(11) of the Omnibus Crime Control and Safe Streets
Act of 1968, as added by section 507 of the Immigration Act of 1990, "42
USC 3753" is amended --
(A) by striking "the certified records" and inserting "notice",
and
(B) by inserting before the period at the end the following:
"and under which the State will provide the Service with the
certified record of such a conviction within 30 days of the date
of a request by the Service for such record".
(7) Section 509(b) "8 USC 1101 note" of the Immigration Act of 1990
is amended by inserting before the period at the end the following: ",
except with respect to conviction for murder which shall be considered a
bar to good moral character regardless of the date of the conviction".
(8) The last sentence of section 510(b) of the Immigration Act of
1990 "8 USC 1251 note" is amended by striking "for".
(9) The last sentence of section 510(c) of the Immigration Act of
1990 is amended by striking "been been" and inserting "been".
(10) The last sentence of section 212(c) of the INA, as added by
section 511(a) of the Immigration Act of 1990, "8 USC 1182" is amended
by striking "an aggravated felony and has served" and inserting "one or
more aggravated felonies and has served for such felony or felonies".
(11) Section 513(b) of the Immigration Act of 1990 "8 USC 1105a note"
is amended --
(A) by striking "petitions to review" and inserting "petitions
for review", and
(B) by inserting before the period at the end the following:
"and shall apply to convictions entered before, on, or after such
date".
(12) Section 514(a) of the Immigration Act "8 USC 1182" of 1990 is
amended by striking "10 years" and inserting "ten years".
(13) Paragraphs (1) and (2) of section 515(b) of the Immigration Act
of 1990 "8 USC 1158 note" are amended to read as follows:
"(1) The amendment made by subsection (a)(1) shall apply to
convictions entered before, on, or after the date of the enactment
of this Act and to applications for asylum made on or after such
date.
"(2) The amendment made by subsection (a)(2) shall apply to
convictions entered before, on, or after the date of the enactment
of this Act and to applications for withholding of deportation
made on or after such date.".
(b)(1) Section 274B(g)(2)(B)(iv)(II) of the INA, as amended by
section 536(a) of the Immigration Act "8 USC 1324b" of 1990, is amended
by striking "subclause (IV)" and inserting "subclauses (III) and (IV)".
(2) Section 274A(b)(3) of the INA, as amended by section 538(a) of
the Immigration Act "8 USC 1324a" of 1990, is amended by striking the
comma after "officers of the Service".
(3) Section 274B(g)(2)(B) of the INA, as amended by section 539(a) of
the Immigration Act of 1990, is amended --
(A) in clause (iv)(IV), by striking the period at the end and
inserting a semicolon,
(B) in clauses (v) and (vi), by striking the comma at the end
and inserting a semicolon,
(C) in clause (vii), by striking ", and" and inserting ";
and",
(D) in clause (vii), by striking "to order (in an appropriate
case) the removal of" and inserting "to remove (in an appropriate
case)", and
(E) in clause (viii), by striking "to order (in an appropriate
case) the lifting of" and inserting "to lift (in an appropriate
case)".
(c)(1) Section 274B(g)(2)(D) of the INA is amended by striking
"physicially" and inserting "physically".
(2) Section 543(a)(3) "8 USC 1229" of the Immigration Act of 1990 is
amended by inserting "each place it appears" before "and inserting".
(3) Sections 252(c) and 275(a) of the INA, as amended by section
543(b) "8 USC 1282, 1325" of the Immigration Act of 1990, are each
amended by striking "fined not more than" and all that follows through
"United States Code)" and inserting "fined under title 18, United States
Code,".
(4)(A) The second sentence of section 231(d) "8 USC 1221" of the INA
is amended by striking "collector of customs" and inserting
"Commissioner".
(B) The third sentence of section 237(b) "8 USC 1227" of the INA is
amended by striking "district director of customs" and inserting
"Commissioner".
(C) The second sentence of section 254(a) "8 USC 1284" of the INA is
amended by striking "collector of customs" and inserting "Commissioner".
(D) The second sentence of section 273(b) "8 USC 1323" of the INA is
amended by striking "collector of customs" and inserting "Commissioner".
(5)(A) Section 274C(a) of the INA, as added by section 544(a) of the
Immigration Act of 1990, "8 USC 1324c" is amended --
(i) in paragraph (2), by inserting "or to provide" after "or
receive",
(ii) in paragraph (3), by inserting "or to provide or attempt
to provide" after "attempt to use", and
(iii) in paragraph (4), by inserting "or to provide" after
"receive".
(B) Section 544 "8 USC 1251 note" of the Immigration Act of 1990 is
amended by striking "(c) EFFECTIVE" and inserting "(d) EFFECTIVE".
(6) Section 242B of the INA, as inserted by section 545(a) of the
Immigration Act of 1990, "8 USC 1252b" is amended --
(A) in subsection (a)(1)(E), by striking ", upon request,";
(B) in subsection (a)(2)(A)(ii), by inserting ", except under
exceptional circumstances," after "failure";
(C) in subsection (a)(2), by adding at the end the following:
"In the case of an alien not in detention, a written notice shall
not be required under this paragraph if the alien has failed to
provide the address required under subsection (a)(1)(F).";
(D) in subsection (b)(1), by inserting before the period at the
end the following: ", unless the alien requests in writing an
earlier hearing date";
(E) in subsection (b)(2) --
(i) by inserting "pro bono" after "to represent", and
(ii) by adding at the end the following: "Such lists shall be
provided under subsection (a)(1)(E) and otherwise made generally
available.";
(F) in subsection (c) --
(i) in paragraph (1), by striking "except as provided in
paragraph (2)," each place it appears,
(ii) in paragraph (1), by adding at the end the following:
"The written notice by the Attorney General shall be considered
sufficient for purposes of this paragraph if provided at the most
recent address provided under subsection (a)(1)(F).", and
(iii) by striking the second sentence of paragraph (2);
(G) in subsection (c)(4), by inserting "(or 30 days in the case
of an alien convicted of an aggravated felony)" after "60 days";
(H) in subsection (d), by striking "the Board" and inserting
"the Attorney General";
(I) in subsection (e)(4)(B), by inserting "a" after "with
respect to"; and
(J) in subsection (e)(5), by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) as subparagraphs (A)
through (C), respectively.
(7) The 8th sentence of section 242(b) of the INA, as amended by
section 545(e) of the Immigration Act of 1990, "8 USC 1252" is amended
to read as follows: "Such regulations shall include requirements that
are consistent with section 242B and that provide that --
"(1) the alien shall be given notice, reasonable under all the
circumstances, of the nature of the charges against him and of the
time and place at which the proceedings will be held,
"(2) the alien shall have the privilege of being represented
(at no expense to the Government) by such counsel, authorized to
practice in such proceedings, as he shall choose,
"(3) the alien shall have a reasonable opportunity to examine
the evidence against him, to present evidence on his own behalf,
and to cross-examine witnesses presented by the Government, and
"(4) no decision of deportability shall be valid unless it is
based upon reasonable, substantial, and probative evidence.".
SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF
1990.
(a) Section 212(a) of the INA, as amended by section 601(a) of the
Immigration Act of 1990, "8 USC 1182" is amended --
(1) in paragraph (1)(A), by adding "or" at the end of clause
(ii);
(2) in paragraph (3)(A)(i), by inserting "(I)" after "any
activity" and by inserting "(II)" after "sabotage or";
(3) in paragraph (3)(B)(iii)(III), by striking "an act of
terrorist activity" and inserting "a terrorist activity";
(4) in paragraph (3)(D)(iv), by striking "if the alien" and
inserting "if the immigrant";
(5) in paragraph (3)(C)(iv), by striking "identities" and
inserting "identity";
(6) in paragraph (5)(C), by striking "preference immigrants"
and all that follows through the end and inserting the following:
"immigrants seeking admission or adjustment of status under
paragraph (2) or (3) of section 203(b).";
(7) in paragraph (6)(B) --
(A) by striking "who seeks" and inserting "(a) who seeks",
(B) by striking "(or" and inserting ", or (b) who seeks
admission", and
(C) by striking "felony)" and inserting "felony,";
(8) in paragraph (6)(E) --
(A) by redesignating clause (ii) as clause (iii), and
(B) by inserting after clause (i) the following new clause:
"(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION. --
Clause (i) shall not apply in the case of alien who is an eligible
immigrant (as defined in section 301(b)(1) of the Immigration Act
of 1990), was physically present in the United States on May 5,
1988, and is seeking admission as an immediate relative or under
section 203(a)(2) (including under section 112 of the Immigration
Act of 1990) or benefits under section 301(a) of the Immigration
Act of 1990 if the alien, before May 5, 1988, has encouraged,
induced, assisted, abetted, or aided only the alien's spouse,
parent, son, or daughter (and no other individual) to enter the
United States in violation of law.";
(9) in paragraph (8)(B), by striking "alien" the first place it
appears and inserting "person"; and
(10) in paragraph (9)(C) --
(A) in clause (i), by striking everything that follows "entry
of" and inserting "an order by a court in the United States
granting custody to a person of a United States citizen child who
detains or retains the child, or withholds custody of the child,
outside the United States from the person granted custody by that
order, is excludable until the child is surrendered to the person
granted custody by that order.", and
(B) in clause (ii), by striking "to an alien who" and all that
follows through "signatory" and inserting "so long as the child is
located in a foreign state that is a party".
(b) Section 212(c) of the INA, as amended by section 601(d)(1) of the
Immigration Act "8 USC 1182" of 1990, is amended by striking
"subparagraphs (A), (B), (C), or (E) of paragraph (3)" and inserting
"paragraphs (3) and (9)(C).
(c) Section 212(d)(3) of the INA, as amended by section
601(d)(2)(B)(i) of the Immigration Act of 1990, is amended --
(1) by striking "(3)(A)," and inserting "(3)(A)(i)(I),
(3)(A)(ii), (3)(A)(iii)," each place it appears, and
(2) by striking "(3)(D)" and inserting "(3)(E)" each place it
appears.
(d) Section 212(d)(11) of the INA, as added by section 601(d)(2)(F)
of the Immigration Act of 1990, "8 USC 1182" is amended by inserting
"and in the case of an alien seeking admission or adjustment of status
as an immediate relative or immigrant under section 203(a) (other than
paragraph (4) thereof)" after "section 211(b)".
(e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of
the Immigration Act of 1990, is amended by striking "section
(a)(1)(A)(i)" and inserting "subsection (a)(1)(A)(i)".
(f) Section 212(h) of the INA, as amended by section 601(d)(4) of the
Immigration Act of 1990, is amended --
(1) in the matter before paragraph (1), by striking "in the
case of" and all that follows through "permanent residence"; and
(2) in paragraph (1) --
(A) in the matter before subparagraph (A), by inserting "(A) in
the case of any immigrant" after "(1)",
(B) by striking "and" at the end of subparagraph (A),
(C) by striking "and" at the end of subparagraph (C) and
inserting "or",
(D) by redesignating subparagraphs (A) through (C) as clauses
(i) through (iii), respectively, and
(E) by adding at the end the following:
"(B) in the case of an immigrant who is the spouse, parent,
son, or daughter of a citizen of the United States or an alien
lawfully admitted for permanent residence if it is established to
the satisfaction of the Attorney General that the alien's
exclusion would result in extreme hardship to the United States
citizen or lawfully resident spouse, parent, son, or daughter of
such alien; and".
(g) Section 212(i) of the INA, as amended by section 601(d)(5) of the
Immigration Act of 1990, is amended by striking "alien" and "alien's"
each place it appears and inserting "immigrant" and "immigrant's",
respectively.
(h) Section 241(a) of the INA, as amended by section 602(a) of the
Immigration Act "8 USC 1251" of 1990, is amended --
(1) by striking "deportable as being", and by inserting
"deportable" after "the following classes of";
(2) in paragraph (1)(D)(i), by inserting "respective" after
"terminated under such";
(3) in paragraph (1)(E)(i), by inserting "any" before "entry"
the second and third places it appears;
(4) in paragraph (1)(E), by redesignating clause (ii) as clause
(iii) and by inserting after clause (i) the following new clause:
"(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION. --
Clause (i) shall not apply in the case of alien who is an eligible
immigrant (as defined in section 301(b)(1) of the Immigration Act
of 1990), was physically present in the United States on May 5,
1988, and is seeking admission as an immediate relative or under
section 203(a)(2) (including under section 112 of the Immigration
Act of 1990) or benefits under section 301(a) of the Immigration
Act of 1990 if the alien, before May 5, 1988, has encouraged,
induced, assisted, abetted, or aided only the alien's spouse,
parent, son, or daughter (and no other individual) to enter the
United States in violation of law.";
(5) in paragraph (1)(G), by striking "212(a)(5)(C)(i)" and
inserting "212(a)(6)(C)(i)";
(6) in paragraph (1)(H), by striking "paragraph (6) or (7)" and
inserting "paragraph (4)(D)";
(7) in paragraph (2)(D), by inserting "or attempt" after
"conspiracy";
(8) in paragraph (3), by adding at the end the following:
"(C) DOCUMENT FRAUD. -- Any alien who is the subject of a
final order for violation of section 274C is deportable.";
(9) in subparagraphs (A) and (B) of paragraph (4), by striking
"after entry has engaged" and inserting "after entry engages";
and
(10) in paragraph (4)(C)(ii), by striking "excluability" and
inserting "excludability".
(i) Section 102 of the INA, as amended by section 603(a)(2) of the
Immigration Act "8 USC 1102" of 1990, is amended by striking "paragraph
(3) (other than subparagraph (E)) of section 212(a)" each place it
appears and inserting "subparagraphs (A) through (C) of section
212(a)(3)".
(j) Effective as if included in section 603(a)(5) of the Immigration
Act of 1990, "8 USC 1160" section 210(b)(7)(B) of the INA is amended by
striking "212(a)(19)" and inserting "212(a)(6)(C)(i)".
(k) Effective as if included in section 602(b) of the Immigration Act
of 1990, "8 USC 1251" section 241 of the INA is amended --
(1) by striking subsection (d), and
(2) in the subsection (h) (added by section 153(b) of the
Immigration Act of 1990) by striking "exist" and inserting
"existed" and by redesignating the subsection as subsection (c).
(l) Effective as if included in section 603(a) of the Immigration Act
of 1990:
(1) Sections 207(c)(3) and 209(c) of the INA, as amended by
section 603(a)(4)(B) "8 USC 1157, 1159" of the Immigration Act of
1990, are each amended by striking "subparagraphs (A)" and
inserting "subparagraph (A)".
(2) Section 210A(e)(2)(B) "8 USC 1161" of the INA is amended by
striking clauses (iii) and (iv) and inserting the following:
"(iii) Paragraph (3) (relating to security and related
grounds).".
(3) Section 217(a) "8 USC 1187" of the INA is amended by
striking "(26)(B)" and inserting "(7)(B)(i)(II)".
(4) Section 218(g)(3) "8 USC 1188" of the INA is amended by
striking "212(a)(14)" and inserting "212(a)(5)(A)(i)".
(5) Section 244A(c) "8 USC 1254a" of the INA, as inserted by
section 302(a) of the Immigration Act of 1990, is amended --
(A) in paragraph (2)(A)(iii)(I), by striking "paragraphs (9)
and (10)" and inserting "paragraphs (2)(A) and (2)(B)"; and
(B) by amending subclause (III) of paragraph (2)(A)(iii) to
read as follows:
"(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such
section (relating to national security and participation in the
Nazi persecutions or those who have engaged in genocide).".
(6) Section 245A(d)(2)(B)(ii) "8 USC 1255a" of the INA is
amended --
(A) by striking subclause (IV),
(B) by redesignating subclause (II) as subclause (IV) and by
transferring and inserting it after clause (III),
(C) by redesignating subclause (III) as subclause (II),
(D) by inserting after subclause (II) (as so redesignated) the
following new subclause:
"(III) Paragraph (3) (relating to security and related
grounds).", and
(E) by striking "Subclause (II)" and inserting "Subclause
(IV)".
(7) Section 272(a) "8 USC 1322" of the INA is amended by
striking the comma before "shall pay".
(8) Section 584(a)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988, as
amended by section 603(a)(20)(B) "8 USC 1101 note" of the
Immigration Act of 1990, is amended by striking "(D)" and
inserting "(E)".
(9) Section 599E of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law 101-167)
"8 USC 1255 note" is amended by striking "(23)(B), (27), (29), or
(33)" and inserting "(2)(C) and subparagraphs (A), (B), (C), or
(E) of paragraph (3)".
(10) Section 2(a)(3) of the Immigration Nursing Relief Act of
1989 is amended by striking "212(a)(14)" "8 USC 1255 note" and
inserting "212(a)(5)(A)".
(m) Effective as if included in section 603(b) of the Immigration Act
of 1990 --
(1) paragraph (4)(B) "8 USC 1254" of such section is amended by
striking "in paragraph (2)", and
(2) section 242(e) of the INA "8 USC 1252" is amended by
striking "paragraphs (4), (5), (6), (7), (11), (12), (14), (15),
(16), (17), (18), or (19)" and inserting "paragraph (2), (3), or
(4)".
SEC. 308. CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION ACT
OF 1990.
(a) Effective October 1, 1991, section 245(e)(3) of the INA, as added
by section 702(a)(2) "8 USC 1255" of Immigration Act of 1990, is amended
by striking "204(h)" and inserting "204(g)".
(b) Section 702(b) "8 USC 1154" of the Immigration Act of 1990 is
amended by striking "204(h) (8 U.S.C. 1154(h))" and inserting "204(g) (8
U.S.C. 1154(g)), as redesignated by section 162(b)(6) of this Act,".
(c) Section 304(f) of the Immigration Reform and Control Act of 1986,
as amended by section 704(b) "8 USC 1160 note" of the Immigration Act of
1990, is amended --
(1) by striking "appointment in the and" and inserting
"appointment and", and
(2) by striking "civil" the first place it appears and
inserting "competitive".
(d) Section 404(b)(2)(A) "8 USC 1101 note" of the INA, as added by
section 705(a)(5 of the Immigration Act of 1990, is amended by adding at
the end the following new sentence: "In applying clause (i), the
providing of parole at a point of entry in a district shall be deemed to
constitute an application for asylum in the district.".
SEC. 309. ADDITIONAL MISCELLANEOUS CORRECTIONS.
(a)(1)(A) Section 209 of the Department of Justice Appropriations
Act, 1989 (title II of Public Law 100-459, 102 Stat. 2203) is amended --
(i) "8 USC 1356" in subsection (a) --
(I) by striking "Title 8, United States Code, section 1356 is
amended by adding" and inserting "Section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356) is amended by adding at the
end", and
(II) "8 USC 1356" in the subsection (o) added by such
subsection, by striking "will" and inserting "shall"; and
(ii) "8 USC 1455" by amending subsection (b) to read as
follows:
"(b) Section 344(g) of the Immigration and Nationality Act (8 U.S.C.
1455(g)) is amended by inserting after 'Treasury of the United States'
the following: 'except that all such fees collected or paid over on or
after October 1, 1988, shall be deposited in the Immigration
Examinations Fee Account established under section 286(m)'.".
(B) The fourth proviso under Immigration and Naturalization Service
in the Department of Justice Appropriations Act, 1990 (title II of
Public Law 101-162, "8 USC 1356" 103 Stat. 1000) is amended to read as
follows: ": Provided further, That section 286(n) of the Immigration
and Nationality Act (8 U.S.C. 1356(n)) is amended by striking 'in excess
of $50,000,000' and by striking the second sentence".
(2)(A) Section 286 of the INA, as amended by section 210 of the
Department of Justice Appropriations Act, "8 USC 1356" 1991, is amended
--
(i) in subsection (h)(1)(A), by inserting a period after
"available until expended",
(ii) in subsection (m), by striking "additional" and inserting
"additional",
(iii) by moving the left margins of subsection (q)(2) and the
matter in subsection (q)(3)(A) (before clause (i)) 2 ems to the
left,
(iv) in subsection (q)(3)(A), by inserting "the" after "The
Secretary of", and
(v) in subsection (q)(5)(B), by striking "subsection (q)(1)"
and inserting "paragraph (1)".
(B) Section 210(a)(2) of the Department of Justice Appropriations
Act, 1991, "8 USC 1356" is amended by striking "in which fees" and
inserting "in which the fees".
(3) The amendments made by paragraph (1) and (2) shall be effective
as if they were included in the enactment of the Department of Justice
Appropriations Act, "8 USC 1356 note" 1989 and the Department of Justice
Appropriations Act, 1990, respectively.
(b)(1) Section 101(a)(15)(D)(i) "8 USC 1101" of the INA is amended by
inserting a comma after "States)".
(2) The item in the table of contents of the INA relating to section
242A is amended by striking "Procedures" and inserting "procedures".
(3) The item in the table of contents of the INA relating to section
345 is repealed.
(4) Section 101(c)(1) of the INA is amended by striking "322, and
323" and inserting "and 322".
(5) Section 204(f)(4)(A)(ii)(II) of the INA, as redesignated by
section 162(d)(6) "8 USC 1154" of the Immigration Act of 1990, is
amended by striking "section 652 of such Act" and inserting "the second
and third sentences of such section".
(6) Paragraph (3) of section 210(d) "8 USC 1160" of the INA is
amended --
(A) by indenting the paragraph (and its subparagraphs) 2 ems to
the right;
(B) by striking "the Immigration and Naturalization Service
(INS) pursuant to section 210(d) of the Immigration and
Nationality Act (INA)" and inserting "Service pursuant to this
subsection";
(C) in the matter before subparagraph (A), by striking "INS"
each place it appears and inserting "Service";
(D) in subparagraph (A), by striking "as defined in section
210(a)(1)(A) of the INA the INS" and inserting "described in
subsection (a)(1)(A) of the Service";
(E) in subparagraph (A), by striking "in the INA" and inserting
"in this Act";
(F) in subparagraph (B), by striking "as defined in section
210(a)(1)(B)(1)(B) of the INA" and inserting "described in
subsection (a)(1)(A)"; and
(G) in subparagraph (B), by striking "section 210(b)(1)(A)" and
inserting "subsection (b)(1)(A)".
(7) Section 212(j) "8 USC 1182" of the INA is amended by striking
"International Communication Agency" in paragraphs (1)(D) and (3) and
inserting "United States Information Agency".
(8) Section 218(i)(1) "8 USC 1188" of the INA is amended by striking
"274A(g)" and inserting "274A(h)(3)".
(9) Section 242(h) "8 USC 1252" of the INA is amended by inserting a
comma after "Parole".
(10) Section 242A(a) "8 USC 1252a" of the INA is amended by striking
"101(a)(43)" and inserting "101(a)(43))".
(11) Section 274A(b)(1)(D)(ii) "8 USC 1324a" of the INA is amended by
striking "clause (ii)" and inserting "clause (i)".
(12) Section 286(e)(1)(D) "8 USC 1356" of the INA is amended by
striking "of this title".
(13) Section 313(a)(2) "8 USC 1424" of the INA is amended by
inserting "and" before "(F)" and by striking "; (G)" and all that
follows through "of 1950" the second place it appears.
(14) Section 344(c) of the INA, as redesignated by section
407(d)(19)(F) "8 USC 1455" of the Immigration Act of 1990, is amended by
striking "of this subchapter" and inserting "of this title".
(15) The amendments made by section 8 of the Immigration Technical
Corrections Act "8 USC 1101 note" of 1988 shall be effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986 (Public Law 99-653).
SEC. 310. "8 USC 1101 note" EFFECTIVE DATES.
Except as otherwise specifically provided, the amendments made by
(and provisions of) --
(1) sections 302 through 308 shall take effect as if included
in the enactment of the Immigration Act of 1990,
(2) section 309(a) shall be effective with respect to
allotments for fiscal years beginning with fiscal year 1989, and
(3) section 309(c) shall take effect on the date of the
enactment of this Act.
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 3049:
HOUSE REPORTS: No. 102-287 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 12, considered and
passed House. Nov. 26, considered and passed Senate, amended. House
concurred in Senate amendments.
Public Law 102-231, 105 Stat. 1722
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 "San Carlos Indian Irrigation Project
Divestiture Act of 1991".
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS. -- The Congress finds the following:
(1) To provide water for irrigating, first, land allotted to
Pima Indians on the Gila River Reservation and, second, other
lands in public or private ownership which, in the opinion of the
Secretary of the Interior, could be served without diminishing the
supply necessary for the Indian lands, Congress, by the Act of
June 7, 1924, authorized construction of Coolidge Dam and creation
of San Carlos Reservoir on the Gila River in Arizona.
(2) The Secretary, through the San Carlos Irrigation Project
administered by the Bureau of Indian Affairs, operates Coolidge
Dam and approximately one hundred irrigation wells to provide
water to SCIP lands on the Gila River Reservation and to the SCIP
lands outside the reservation which is within the San Carlos
Irrigation and Drainage District.
(3) A hydroelectric power system was developed at Coolidge Dam
pursuant to the Act of March 7, 1928, as amended, to generate
power incidental to the use of San Carlos Reservoir for storing
irrigation water. The system's primary purpose was to provide
power for irrigation pumping on SCIP lands and for BIA agency and
school purposes and for irrigation pumping by Apache Indians on
the San Carlos Reservation.
(4) SCIP's transmission and distribution system, which has been
extended to domestic and commercial users on SCIP lands and to
other homes and businesses not on SCIP lands, currently provides
service within portions of Pinal, Pima, Maricopa, Graham, and Gila
Counties covering approximately 3,000 square miles.
(5) Unexpectedly low and erratic Gila River flows into San
Carlos Reservoir since 1928 have limited power generation at
Coolidge Dam, causing SCIP to secure additional power through
contracts with the Western Area Power Administration, the Salt
River Project, and Arizona Public Service Company to meet its
customers' needs. Since October 1983, when a flood damaged the
switchyard at Coolidge Dam, no power has been generated at the
dam.
(6) Much of SCIP's power system needs modernization, with some
facilities over sixty years old, well past their design life.
However, Federal budgetary and administrative policies have
impaired long-range, consistent planning and construction
necessary for efficient SCIP operation and maintenance and for
timely replacement of obsolete or worn out facilities.
(7) Under current repayment terms, the shared obligation of the
San Carlos Irrigation and Drainage District and the Gila River
Indian Community to repay the United States for construction of
SCIP's hydroelectric power system and certain improvements thereto
will not be met until after the year 2010.
(8) The Gila River Indian Community, the San Carlos Apache
Indian Tribe, and the San Carlos Irrigation and Drainage District
have petitioned the Congress to authorize the Secretary to divest
the United States of ownership and responsibility for SCIP's
electric power transmission and distribution systems, to settle
the outstanding debt owned by the United States in connection with
the construction of those systems, to apportion equitably among
them SCIP's allocation of Federal power resources, and to take
such other actions as necessary to carry out divestiture.
(9) On September 15, 1989, the Gila River Indian Community and
the Arizona Public Service Company, and the San Carlos Irrigation
and Drainage District, the Arizona Public Service Company, Trico
Electric Cooperative, Inc., and Electrical District No. 2 of Pinal
County, Arizona, signed Statements of Principles by which
divestiture would be implemented between and among them subsequent
to enactment of Federal enabling authorities as provided in this
Act. The same entities subsequently signed extensions of the
Statements of Principles, as amended.
(b) PURPOSE. -- The purposes of this Act are --
(1) to authorize the Secretary to divest the United States of
ownership of the electric transmission and distribution system of
the San Carlos Irrigation Project;
(2) to provide for the settlement of the debt obligations owed
to the United States by the Gila River Indian Community and the
San Carlos Irrigation and Drainage District in connection with the
construction of the electric transmission and distribution system;
(3) to provide for the reallocation of power resources
currently allocated to SCIP from Federal hydroelectric power
sources;
(4) to provide funds for the disposal of hazardous waste
materials associated with those areas and components of the SCIP
electric system transferred to the Gila River Indian Community and
the San Carlos Apache Tribe and with those areas and components
retained by the Secretary;
(5) to facilitate the implementation of divestiture in an
orderly and economic manner, consistent with the desire and intent
of the parties to the Statements of Principles and with due regard
for the rights and interests of current SCIP employees; and
(6) to assist the Gila River Indian Community and the San
Carlos Apache Tribe in their efforts to achieve greater
self-determination and economic self-sufficiency.
SEC. 3. DEFINITIONS.
For the purposes of this Act --
(1) the term "Arizona Public Service Company" means an electric
utility corporation organized and existing under the laws of the
State of Arizona;
(2) the term "Arizona Corporation Commission" means the entity
established by Article 15 of the Arizona Constitution to regulate
and supervise public service corporations in the State of Arizona;
(3) the term "Arizona Power Authority" means the entity
established under Arizona law to receive and market Arizona's
allotted share of power generated at Hoover Dam;
(4) the terms "Electrical District No. 2" and "ED2" mean
Electrical District Number 2, an electrical district organized
under the laws of the State of Arizona;
(5) the terms "Gila River Indian Community" and "GRIC" mean the
governing body of that community of Pima and Maricopa Indians
organized pursuant to section 16 of the Act of June 18, 1934 (25
U.S.C. 476) and occupying the Gila River Reservation in Arizona;
(6) the term "preference power" means electric power provided
to municipalities, other public corporations or agencies,
cooperatives, and nonprofit organizations pursuant to the Act of
June 17, 1902 (32 Stat. 388), and amendments and supplements
thereto, commonly referred to as Reclamation Law;
(7) the term "present value" means the economic value of a
present cash payment utilizing the discount rates and methodology
established by the Secretary pursuant to section 5301 of the
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203;
101 Stat. 1330-268);
(8) the terms "San Carlos Apache Tribe" and "SCAT" mean the
governing body of that tribe of Indians organized pursuant to
section 16 of the Act of June 18, 1934 (25 U.S.C. 476) and
occupying the San Carlos Reservation in Arizona;
(9) the terms "San Carlos Irrigation Project" and "SCIP" mean
the project authorized pursuant to the Act of June 7, 1924 (43
Stat. 476), expanded pursuant to the Act of March 7, 1928 (45
Stat. 200, 210), and administered by the Bureau of Indian Affairs;
(10) the terms "San Carlos Irrigation and Drainage District"
and "SCIDD" mean an irrigation and drainage district organized
under the laws of Arizona;
(11) the term "SCIP electric system" means all electric
transmission and distribution facilities, including existing
associated easements, owned by the United States on behalf of SCIP
and administered by SCIP's Power Division, except Coolidge Dam,
the electric generating facilities within the dam's powerhouse,
the lines connecting the powerhouse with the switchyard, together
with such switchyard located on land withdrawn for Coolidge Dam;
(12) the term "Secretary" means the Secretary of the Interior;
(13) the term "Statements of Principles" means the document
entered into by the Arizona Public Service Company, the San Carlos
Irrigation and Drainage District, Trico Electric Cooperative,
Inc., and Electrical District No. 2 on September 15, 1989, as
amended and extended on January 14, 1991, and the document entered
into by the Arizona Public Service Company and the Gila River
Indian Community Utility Authority on September 15, 1989, as
amended and extended on March 8, 1991, setting forth agreements
among the respective parties concerning divestiture of SCIP assets
both on and off reservation; and
(14) the terms "Trico Electrical Cooperative" and "TRICO" mean
the Trico Electrical Cooperative, a corporation organized under
the laws of the State of Arizona.
SEC. 4. DIVESTITURE.
(a) IN GENERAL. -- Notwithstanding the Act of September 22, 1961 (25
U.S.C. 15), the Secretary is directed to transfer the SCIP electric
system and associated assets in accordance with the provisions of this
Act no later than December 31, 1992.
(b) TRANSFER TO GRIC. -- The Secretary shall transfer to the GRIC
all right, title, and interest of the United States in and to that
portion of the SCIP electric system located on the Gila River
Reservation, including the 5.6-mile section of 69-KV transmission line
from Coolidge Substation to the reservation.
(c) TRANSFER TO SCAT. -- The Secretary shall transfer to SCAT all
right, title, and interest of the United States in and to that portion
of the SCIP electric system located on the San Carlos Apache
Reservation.
(d) TRANSFER TO SCIDD. -- Subject to the requirements of section
5(d), the Secretary shall transfer, as is, to SCIDD all right, title,
and interest of the United States in and to those portions of the SCIP
electric system not transferred under subsection (b) or (c) or otherwise
transferred or reserved under subsection (a), (e) or (f), expressly
disclaiming all warranties, expressed or implied, including the implied
warranties of merchantability and fitness for a particular purpose.
(e) TRANSFER OF ASSOCIATED ASSETS. -- The Secretary shall negotiate
an agreement with GRIC, SCAT, and SCIDD providing for the transfer to
GRIC, SCAT, and SCIDD of all right, title, and interest of the United
States in and to all associated assets of the SCIP electric system not
transferred under subsections 4(b), 4(c), and 4(d) of this section,
including but not limited to vehicles, tools, hardware, spare parts,
poles, transformers, meters, conductors, and other electric system
components. The Secretary shall distribute these assets in a manner
that reflects the proportionate number of miles of distribution lines to
be transferred to GRIC, SCAT, and SCIDD (including lines provided to
SCAT under sections 5(a)(2) and 5(a)(3) of this Act) and retained in
accordance with the implementation of the Statements of Principles.
(f) RETENTION OF FACILITIES BY THE UNITED STATES. -- The Secretary
shall retain ownership of the electric generating facilities located in
the powerhouse and switchyard at Coolidge Dam, including lines from the
powerhouse to the switchyard.
(g) OPERATION AND MAINTENANCE. -- Upon completion of the transfer of
the SCIP electric system and associated assets as provided in this Act,
the Secretary shall have no responsibility for the operation,
maintenance, and repair of such system and associated assets, or for the
electric generating facilities within the Coolidge Dam powerhouse.
SEC. 5. ALLOCATION OF FUNDS.
(a) IN GENERAL. -- The Secretary shall allocate all funds credited
to the SCIP Power Division as of September 30, 1991, as adjusted for
activity between September 30, 1991, and the effective date of this Act,
including cash and temporary investments managed by the Bureau of Indian
Affairs, customer deposits and customer advances held by the Treasury of
the United States, reservations for line extensions and installation
services, reservations for replacement, funds obligated for future power
purchases, unreserved and unrestricted funds, trade and other accounts
receivable, and accrued interest income, as follows:
(1) To GRIC, SCAT, and SCIDD, all customer deposits and all
customer advances held by the Treasury of the United States, in
amounts corresponding to the actual deposits and advances made by
the customers who shall be located within the respective areas to
be served by GRIC, SCAT, and SCIDD as of the effective date of
this Act, together with such information necessary to enable GRIC,
SCAT, and SCIDD to credit such deposits and advances to the
appropriate customer accounts.
(2) To SCAT, such sums as may be necessary (not to exceed
$1,200,000) to be used for construction of a 21KV transmission
line from Peridot, Arizona, to the community of Bylas on the San
Carlos Apache Reservation.
(3) To SCAT, such sums as may be necessary (not to exceed
$160,000) to be used to purchase all right, title, and interest in
the electric system presently owned by the Arizona Public Service
Company within the exterior boundaries of the San Carlos Apache
Reservation and extending from the western boundary of said
reservation easterly to the town of Cutter, Arizona.
(4) To a SCIP employee severance fund, to be established by the
Secretary, not to exceed $750,000, solely for the purpose of
providing severance pay to SCIP Power Division employees eligible
for such pay under applicable Federal law and regulations, except
that within 180 days after the effective date of this Act, any
funds remaining in the severance fund shall be transferred to
GRIC.
(5) To a SCIP reserve account, to be established and
administered by the Secretary, $4,000,000, to be retained by the
Secretary until October 1, 1995, at which time the Secretary
shall, first, deposit into the Environmental Protection Account
established pursuant to section 6 an amount equal to the present
value of the SCIP electrical system debt obligation owed by GRIC
and its allotted landowners as of September 30, 1991, and second,
transfer the balance remaining in the account to GRIC. Prior to
October 1, 1995, the Secretary may, in his discretion and pursuant
to his authorities under Public Law 93-638 (25 U.S.C. 450 et
seq.), make available to GRIC and SCAT the funds not retained for
deposit into the Environmental Protection Account for use in
electric system expansion and rehabilitation on their respective
reservations and for expenses associated with providing electric
service on such reservations.
(6) To GRIC, any funds remaining after the allocations set
forth in the preceding paragraphs (1), (2), (3), (4), and (5) to
be used for electric system expansion and rehabilitation on the
Gila River Reservation and for expenses associated with providing
electric utility services on such reservation.
(b) ACCOUNTING PENDING DIVESTITURE. -- From the date of enactment of
this Act through the date of allocation of funds as provided in this
section and section 10, the Secretary shall ensure that no cash,
temporary investments, or other funds are transferred from the SCIP
Power Division to the SCIP Irrigation Division or to other Bureau of
Indian Affairs managed projects, accounts, funds, or activities, and no
Power Division funds shall be reserved or obligated for other than
routine repairs and maintenance of the SCIP Power Division utility plant
and for operation of the Power Division.
(c) GRIC DEBT RESOLUTION. -- Deposit into the Environmental
Protection Account of the amount specified in subsection (a)(5) shall
constitute full satisfaction of the SCIP electric system debt owed by
GRIC or its allotted landowners and shall be cause for the Secretary to
cancel any liens against allotted lands of any member of GRIC or against
tribal lands within SCIP in connection with such debt.
(d) SCIDD DEBT RESOLUTION; AGREEMENT. -- As a condition precedent
to the transfer of the SCIP system and other assets as provided in
section 4(d), the SCIDD shall enter into an agreement with the
Secretary. Such agreement shall provide that --
(1) SCIDD will pay the Secretary an amount equal to the present
value of the SCIP electric system debt obligation owed by SCIDD to
the United States as of September 1, 1991, such amount to be paid
from the proceeds of SCIDD's sale to the Arizona Public Service
Company of various system assets as prescribed by the Statement of
Principles entered into by SCIDD;
(2) the total amount to be paid by SCIDD under the agreement
shall be paid to the Secretary in annual installments of not less
than $479,000 for the fiscal years beginning with the fiscal year
in which this Act takes effect (as provided in section 10) and
ending with fiscal year 1995;
(3) SCIDD disclaims any right, title, or interest in SCIP Power
Division funds to be allocated pursuant to subsection (a), except
for such funds as may be credited to SCIDD pursuant to subsection
(a)(1); and
(4) payment by SCIDD to the Secretary of the present value
amount specified in paragraph (1) shall constitute full
satisfaction of the SCIP electric system debt owed by SCIDD.
(e) DEPOSIT INTO ENVIRONMENTAL PROTECTION ACCOUNT. -- The Secretary
shall deposit the funds paid by SCIDD pursuant to subsection (d)(1) into
the Environmental Protection Account established under section 6.
(f) SCAT DEBT RESOLUTION. -- The Secretary shall waive any debt for
electrical service (not to exceed $165,000) which SCIP claims is owed by
the San Carlos Apache Tribal Utility Authority or SCAT as of September
1, 1991.
SEC. 6. ENVIRONMENTAL PROTECTION ACCOUNT.
The Secretary shall establish an account, to be administered by the
Bureau of Indian Affairs, to fund such efforts as may be necessary and
appropriate to dispose of hazardous waste materials associated with
those areas and components of the SCIP electric system transferred to
GRIC and SCAT and with those areas and components retained by the
Secretary. Beginning on October 1, 1991, funds deposited into this
account pursuant to sections 5(a)(2) and 5(e) shall be used to carry out
the purposes of this section until exhausted. Any funds remaining in
the account after October 1, 2005, shall revert to the general fund of
the United States Treasury. The Secretary shall be responsible for any
hazardous waste disposal required by this section not covered by the
funds deposited pursuant to sections 5(a)(5) and 5(e).
SEC. 7. FEDERAL POWER REALLOCATION.
(a) REALLOCATION OF RESOURCES. -- Upon the request of the Secretary,
the Secretary of Energy shall enter into such agreements as are
necessary to reallocate SCIP's allocation of Federal power resources --
capacity and energy -- as provided in this section.
(b) SUCCESSORS IN INTEREST. -- The Secretary of Energy shall treat
GRIC, SCIDD, and SCAT as successors in interest to SCIP in reallocating
SCIP's allocation of capacity and energy from the Parker-Davis Project
(the two projects consolidated by the Act of May 28, 1954 (Chapter 241;
68 Stat. 143)) and the Colorado River Storage Project (43 U.S.C. 620 et
seq.), including capacity and energy available pursuant to the
Memorandum of Understanding numbered 14-06-300-2632 and Memorandum of
Understanding numbered DE-MS65-80WP 39041 between the Western Area Power
Administration, Department of Energy, and the Bureau of Indian Affairs,
Department of the Interior, and any other agreement to provide
preference power to SCIP prior to December 31, 1992.
(c) PROPORTIONS ASSIGNED. -- The SCIP allocations of winter and
summer capacity and energy shall be assigned to GRIC, SCIDD, and SCAT in
accordance with the proportions set forth in the table included in the
report of the Senate Select Committee on Indian Affairs on this Act.
(d) RATES. -- Preference power -- capacity and energy -- shall be
delivered to GRIC, SCAT, and SCIDD pursuant to the allocations provided
for in this section at the rate established for preference power as
determined in accordance with ratemaking procedures established by the
Department of Energy.
(e) BOULDER CANYON PROJECT. -- The Bureau of Indian Affairs shall
assign its contract with the Arizona Power Authority for capacity and
energy from the Boulder Canyon Project (43 U.S.C. 617 et seq.; 45 Stat.
1057) in accordance with the proportions referred to in subsection (c)
and the Secretary shall request the Arizona Power Authority to take all
necessary actions required to effectuate such assignment in accordance
with the contract dated as of September 15, 1986, between the Arizona
Power Authority and the SCIP.
(f) LONG-TERM POWER SUPPLY; RATES. -- The Secretary shall enter
into an agreement with GRIC and SCIDD to provide a long-term power
supply to the irrigation wells and pumps installed by SCIP to provide
water to SCIP lands on and off the lands of GRIC. The rate for the
electricity supplied by GRIC and SCIDD shall be based on the average
cost per kilowatt hour for power purchased by GRIC and SCIDD from the
Parker-Davis Project and marketed by the Western Area Power
Administration, plus an allowance for the cost of operating and
maintaining the transmission and distribution systems of GRIC and SCIDD,
including administrative costs and reserves, as long as such power is
made available to GRIC and SCIDD in quantities sufficient to meet SCIP's
pumping requirements. The rate shall be reviewed and adjusted annually
to reflect any changes in the average cost of power purchased by the
Parker-Davis Project and the actual costs incurred by GRIC and SCIDD to
operate and maintain the transmission and distribution systems.
SEC. 8. FEDERAL EMPLOYEES.
(a) ELECTION TO CONTINUE CERTAIN BENEFITS. -- Any Federal employee
at SCIP whose position is terminated by reason of this Act who, within
thirty days of such termination, is employed by the San Carlos Apache
Tribal Utility Authority or the Gila River Indian Community Utility
Authority is entitled, if the employee and the respective authority so
elect, to the following:
(1) To retain coverage, rights, and benefits under subchapter I
of chapter 81 (relating to compensation for work injuries) of
title 5, United States Code, and for this purpose employment with
the tribal authority shall be deemed employment by the United
States. However, if an injured employee, or his dependents in
case of his death, receives from the tribal authority any payment
(including an allowance, gratuity, payment under an insurance
policy for which the premium is wholly paid by the tribal
authority, or other benefit of any kind) on account of the same
injury or death, the amount of that payment shall be credited
against any benefit payable under subchapter I of chapter 81 of
title 5, United States Code, as follows:
(A) Payments on account of injury or disability shall be
credited against disability compensation payable to the injured
employee.
(B) Payments on account of death shall be credited against
death compensation payable to dependents of the deceased employee.
(2) To retain coverage, rights, and benefits under chapter 83
(relating to retirement) or chapter 84 (relating to Federal
employees' retirement system) of title 5, United States Code, if
necessary employee deductions and agency contributions in payment
for coverage, rights, and benefits for the period of employment
with the tribal authority are currently deposited in the Civil
Service Retirement and Disability Fund (pursuant to chapter 83 or
chapter 84 of title 5, United States Code) and, if appropriate,
the Thrift Savings Fund (pursuant to section 8432 of title 5,
United States Code), and the period during which coverage, rights,
and benefits are retained under this paragraph is deemed
creditable service under section 8332 or 8411 of title 5, United
States Code. Days of unused sick leave to the credit of an
employee under a formal leave system at the time the employee
leaves Federal employment to be employed by a tribal authority
remain to his credit for retirement purposes during covered
service with the tribal authority.
(3) To retain coverage, rights, and benefits under chapter 89
(relating to health insurance) of title 5, United States Code, if
necessary employee deductions and agency contributions in payment
for the coverage, rights, and benefits for the period of
employment with the tribal authority are currently deposited in
the Employee's Health Benefit Fund (pursuant to section 8909 of
title 5, United States Code), and the period during which
coverage, rights, and benefits are retained under this paragraph
is deemed service as an employee under chapter 89 of title 5,
United States Code.
(4) To retain coverage, rights, and benefits under chapter 87
(relating to life insurance) of title 5, United States Code, if
necessary employee deductions and agency contributions in payment
for the coverage, rights, and benefits for the period of
employment with the tribal authority are currently deposited in
the Employee's Life Insurance Fund (pursuant to section 8714 of
title 5, United States Code), and the period during which
coverage, rights, and benefits are retained under this paragraph
is deemed service as an employee under chapter 87 of title 5,
United States Code.
(b) AGENCY CONTRIBUTIONS. -- During the period an employee is
entitled to the coverage, rights, and benefits pursuant to subsection
(a), the tribal authority employing such employee shall deposit
currently in the appropriate funds the employee deductions and agency
contributions required by paragraphs (2), (3), and (4) of subsection
(a).
(c) PRIORITY PLACEMENT. -- The Secretary shall establish and
maintain a Departmental Priority Placement Program for SCIP employees
serving in competitive positions under career or career-conditional
appointments who have satisfactory levels of performance and who receive
a notice of involuntary separation as a result of divestiture of the
SCIP electric system pursuant to the provisions of this Act. Employees
must apply in writing for placement into the program not later than
thirty calendar days after receipt of notice of involuntary separation.
Employees shall be entitled to be placed on a priority basis into vacant
positions outside the competitive area from which they are separated, at
the same grade or level they last held in the agency and for which they
are qualified, based upon the availability of such positions.
(d) DEFINITIONS. -- For the purposes of this section --
(1) the term "employee" means an employee as defined in section
2106 of title 5, United States Code;
(2) the term "agency" means the Bureau of Indian Affairs; and
(3) the term "involuntary separation" means any separation from
agency employment against the will and without the consent of the
employee.
(e) REGULATIONS. -- The Secretary may prescribe regulations
necessary to carry out the provisions of this section and to protect and
assure the compensation, retirement, insurance, leave, reemployment
rights, and such other similar civil service employment rights as he
finds appropriate.
SEC. 9. MISCELLANEOUS.
(a) EFFECT ON EXISTING RIGHTS. -- Nothing in this Act shall --
(1) affect any right of the City of Mesa, Arizona, to deliver
electric service to lands currently owned by the City of Mesa in
Pinal County, Arizona; or
(2) be construed as having any effect on the right of any
Arizona incorporated rural electric cooperative to seek to provide
electric service pursuant to existing Federal or State law.
(b) APPROVAL BY ARIZONA CORPORATION COMMISSION. -- Approval by the
Arizona Corporation Commission of the allocation of electric service
areas and systems as set forth in the Statements of Principles shall
constitute recognition and confirmation of the financial viability and
territorial integrity of the signatories to the Statements of Principles
within the meaning of the provisions of the Rural Electrification Act of
May 20, 1936, as amended (7 U.S.C. 901 et seq.; 49 Stat. 1363; 63 Stat.
948).
(c) EXISTING OBLIGATION OF THE UNITED STATES. -- Nothing in this Act
shall affect any obligation of the United States to SCAT to provide
power at the rate of 2 mils per kilowatt hour for irrigation pumping and
agency and school purposes pursuant to the Act of March 7, 1928 (45
Stat. 200, 210).
(d) SCIP IRRIGATION DIVISION. -- The Secretary is authorized to
expend not more than $1,200,000 from funds credited to the SCIP
Irrigation Division to acquire not more than ten acres of land and to
acquire or construct such facilities as may be necessary and appropriate
to provide for the efficient maintenance, operation, and administration
of the SCIP Irrigation Division.
SEC. 10. EFFECTIVE DATE.
(a) IN GENERAL. -- Transfer of SCIP facilities and assets to GRIC,
SCAT, and SCIDD under section 4 and allocation of funds under section 5
shall not take effect until such time as the Secretary issues a
statement of findings that --
(1) the Arizona Corporation Commission has approved, pursuant
to Arizona law, the allocation of electric service areas and
systems as set forth in the Statements of Principles;
(2) the Secretary has entered into an agreement with GRIC,
SCAT, and SCIDD providing for the division of assets as provided
in section 4(e);
(3) the Secretary has entered into an agreement with GRIC and
SCIDD providing for a long-term power supply to SCIP pumps as
provided in section 7(f);
(4) all agreements necessary for the reallocation of preference
power as required by section 7 have been executed and the Bureau
of Indian Affairs has assigned its contract with the Arizona Power
Authority to GRIC, SCAT and SCIDD in accordance with the terms of
such contract and the proportions prescribed in section 7;
(5) the Arizona Public Service Company has terminated its
existing wholesale power agreement with SCIP and released SCIP
from paying any termination charges under such agreement; and
(6) SCIDD has entered into the agreement with the Secretary as
required in section 5(d).
(b) REVERSION IF REQUIREMENTS NOT MET. -- Unless all of the
conditions and requirements set forth in subsection (a) have been met by
December 31, 1992, all contracts entered into pursuant to this Act shall
be null and void, the United States shall retain ownership and control
of the SCIP electric system and all associated funds and assets as it
did before the date of the enactment of this Act, and any preference
power reallocation made pursuant to section 7 of this Act shall revert
back to the SCIP under the same terms and conditions that existed prior
to the date of the enactment of this Act.
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 1476:
HOUSE REPORTS: No. 102-360 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 25, considered and passed Senate.
Public Law 102-230, 105 Stat. 1720
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESERVATION OF ASSISTANCE.
Section 217(a) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12747(a)) is amended --
(1) in the first sentence of paragraph (1), by inserting "and
after reserving amounts for the insular areas under paragraph (3)"
before the first comma; and
(2) by adding at the end the following new paragraph:
"(3) INSULAR AREAS. --
"(A) IN GENERAL. -- For each fiscal year, of any amount
approved in an appropriations Act to carry out this title, the
Secretary shall reserve for grants to the insular areas an amount
that reflects --
"(i) their share of the total population of eligible
jurisdictions; and
"(ii) any adjustments that the Secretary determines are
reasonable in light of available data that are related to factors
set forth in subsection (b)(1)(B).
"(B) SPECIFIC CRITERIA. -- The Secretary shall provide for the
distribution of amounts reserved under this paragraph among the
insular areas in accordance with specific criteria to be set forth
in a regulation promulgated by the Secretary after notice and
public comment.
"(C) TRANSITIONAL PROVISIONS. -- For fiscal year 1992, the
reservation for insular areas specified in subparagraph (A) shall
be made from any funds which become available for reallocation in
accordance with the provisions of section 216(6)(A).".
SEC. 2. DEFINITIONS.
Section 104 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12704) is amended --
(1) in paragraph (1), by striking "Guam" and all that follows
through "the Marshall Islands" and inserting "the insular areas";
and
(2) by adding at the end the following new paragraph:
"(24) The term 'insular areas' means Guam, the Northern Mariana
Islands, the United States Virgin Islands, and American Samoa.".
SEC. 3. EXTENSION OF TIME TO SUBMIT CDBG STATEMENT.
Notwithstanding any other provision of law, the City of Petersburg,
Virginia is authorized to submit not later than 10 days following the
enactment of this Act, and the Secretary of Housing and Urban
Development shall consider and accept, the final statement of community
development objectives and projected use of funds required by section
104(a)(1) of the Housing and Community Development Act of 1974 (42
U.S.C. 5304(a)(1)) in connection with a grant to the City of Petersburg
under title I of such Act for fiscal year 1991.
SEC. 4. LOW-INCOME HOUSING COVENANTS.
Section 515(p)(4) of the Housing Act of 1949 (42 U.S.C. 1485(p)(4))
is amended by adding at the end "The preceding sentence shall not be
interpreted as authorizing the Secretary to --
"(A) limit the ability of a housing credit agency to require an
owner of housing, in order to receive a low-income housing tax
credit, to enter into a restrictive covenant, in such form and for
such period as the housing credit agency deems appropriate, to
maintain the occupancy characteristic of the project as prescribed
in section 42(h)(6) of the Internal Revenue Code of 1986; or
"(B) deny or delay closing of financing under this section by
reason of the existence, or occupancy terms, of any such
restrictive covenant.".
SEC. 5. FLOOD ELEVATION DETERMINATION.
Notwithstanding the time limit set forth in section 1363(c) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104(c) and (d)), St.
Charles Parish, Louisiana, may file an appeal with the Director of the
Federal Emergency Management Agency with respect to certain flood
elevation determinations for the area in and near the Ormond Country
Club Estates located in St. Charles Parish, Louisiana, not later than
June 1, 1992.
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 3576:
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 21, considered and
passed House. Nov. 23, considered and passed Senate, amended. Nov. 26,
House concurred in Senate amendment.
Public Law 102-229, 105 Stat. 1701
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, to provide dire emergency supplemental appropriations for
the fiscal year ending September 30, 1992, and for other purposes,
namely:
For an additional amount for "Missile procurement, Army",
$78,000,000, to remain available for obligation until September 30,
1994, and in addition, $67,000,000, to be derived by transfer from
"Missile procurement, Air Force, 1991/1993", to remain available for
obligation until September 30, 1993.
For an additional amount for "Shipbuilding and conversion, Navy", for
LSD-41 dock landing ship, cargo variant program, advance procurement of
engines and generators, $25,000,000, to remain available for obligation
until September 30, 1996.
For an additional amount for "National Guard and Reserve equipment",
$10,100,000, to remain available until September 30, 1994, for the
purchase of one MH-60G helicopter.
For additional incremental costs of the Department of Defense, the
Department of Veterans Affairs, and the Department of Transportation
associated with operations in and around the Persian Gulf as part of
operations currently known as Operation Desert Shield (including
Operation Desert Storm) and under the terms and conditions of the
"Operation Desert Shield/Desert Storm Supplemental Appropriations Act,
1991" (Public Law 102-28), in addition to the amounts that may be
transferred to appropriations available to the Department of Defense and
other Departments pursuant to that Act, not to exceed $3,968,500,000 may
be transferred during fiscal year 1992 from either the Defense
Cooperation Account, or as appropriate, the Persian Gulf Regional
Defense Fund, to the following accounts in not to exceed the following
amounts:
For an additional amount for "Operation and maintenance, Army",
$227,300,000.
For an additional amount for "Operation and maintenance, Navy",
$270,000,000.
For an additional amount for "Operation and maintenance, Marine
Corps", $75,000,000.
For an additional amount for "Operation and maintenance, Army
Reserve", $23,200,000.
For an additional amount for "Operation and maintenance, Navy
Reserve", $28,300,000.
For an additional amount for "Operation and maintenance, Army
National Guard", $41,900,000.
For an additional amount for "Aircraft procurement, Army",
$270,800,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Missile procurement, Army",
$21,800,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Procurement of weapons and tracked
combat vehicles, Army", $63,000,000, to remain available for obligation
until September 30, 1994.
For an additional amount for "Other procurement, Army", $80,500,000,
to remain available for obligation until September 30, 1994.
For an additional amount for "Aircraft procurement, Navy",
$521,000,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Weapons procurement, Navy", $8,100,000,
to remain available for obligation until September 30, 1994.
For an additional amount for "Other procurement, Navy", $112,700,000,
to remain available for obligation until September 30, 1994.
For an additional amount for "Procurement, Marine Corps", $4,300,000,
to remain available for obligation until September 30, 1994.
For an additional amount for "Aircraft procurement, Air Force",
$309,500,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Other procurement, Air Force",
$560,000,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Procurement, Defense Agencies",
$76,900,000, to remain available for obligation until September 30,
1994.
For an additional amount for "Research, development, test and
evaluation, Army", $47,800,000, to remain available for obligation until
September 30, 1993.
For an additional amount for "Research, development, test and
evaluation, Navy", $6,100,000, to remain available for obligation until
September 30, 1993.
For an additional amount for "Research, development, test and
evaluation, Air Force", $24,300,000, to remain available for obligation
until September 30, 1993.
For an additional amount for "Research, development, test and
evaluation, Defense Agencies", $28,100,000, to remain available for
obligation until September 30, 1993.
For an additional amount for "Defense business operations fund",
$1,140,000,000.
For an additional amount for "Operating expenses", $17,900,000, to
remain available for obligation until expended.
For an additional amount for "Medical care", $10,000,000.
For the purpose of adjusting amounts which may be transferred
pursuant to the "Operation Desert Shield/Desert Storm Supplemental
Appropriations Act, 1991" (Public Law 102-28) and under the terms and
conditions of that Act, during the fiscal year 1992, the Secretary of
Defense may make adjustments to the amounts provided for transfer by
such Act in amounts not to exceed $6,282,400,000 and provide for the
transfer of such amounts to the following accounts in not to exceed the
following amounts to be available to the Department of Defense during
fiscal year 1992: Provided, That the Secretary of Defense shall provide
prior notification to the Committees on Appropriations of the House of
Representatives and the Senate indicating the accounts from which the
funds will be derived for such transfers:
To be derived by transfer, $685,000,000 for "Military personnel,
Army".
To be derived by transfer, $70,000,000 for "Military personnel,
Navy".
To be derived by transfer, $18,000,000 for "Military personnel,
Marine Corps".
To be derived by transfer, $81,000,000 for "Military personnel, Air
Force".
To be derived by transfer, $80,000,000 for "Reserve personnel, Army".
To be derived by transfer, $4,000,000 for "Reserve personnel, Air
Force".
To be derived by transfer, $10,000,000 for "National Guard personnel,
Army".
To be derived by transfer, $3,000,000 for "National Guard personnel,
Air Force".
To be derived by transfer, $2,717,500,000 for "Operation and
maintenance, Army".
To be derived by transfer, $1,080,000,000 for "Operation and
maintenance, Navy".
To be derived by transfer, $165,000,000 for "Operation and
maintenance, Marine Corps".
To be derived by transfer, $1,241,400,000 for "Operation and
maintenance, Air Force".
To be derived by transfer, $6,000,000 for "Operation and maintenance,
Army Reserve".
To be derived by transfer, $59,200,000 for "Operation and
maintenance, Air Force Reserve".
To be derived by transfer, $3,600,000 for "Operation and maintenance,
Army National Guard".
To be derived by transfer, $58,700,000 for "Operation and
maintenance, Air National Guard".
SEC. 101. The prohibition in section 132(a)(2) of Public Law 101-189
(103 Stat. 1383) does not apply to the obligation of $70,200,000
provided in "Aircraft procurement, Army" of chapter I, title I for the
procurement of AH-64 Apache attack helicopters.
SEC. 102. Of the funds provided in title III of Public Law 101-165
for "Other procurement, Air Force", not more than $80,000,000 shall be
available, and may be obligated and expended, for costs arising from the
cancellation of the Alaskan OTH-B radar program and powerplant lease:
Provided, That such funds will be available for contract termination,
site restoration, modification of facilities and other costs associated
with the termination of the Alaskan OTH-B radar program and powerplant
lease, or the transfer and modification of facilities and material
located at or procured for the Alaskan OTH-B radar program or powerplant
to any other Department of Defense activity or program at the OTH-B
radar powerplant site.
SEC. 103. In addition to other transfer authority granted by this or
any other Act, and under the terms and conditions of the "Operation
Desert Shield/Desert Storm Supplemental Appropriations Act, 1991"
(Public Law 102-28), the Secretary of Defense may transfer not to exceed
$100,000,000 for costs incurred during fiscal years 1991 and 1992 from
the Defense Cooperation Account, or as appropriate, the Persian Gulf
Regional Defense Fund to appropriate Department of Defense
appropriations for costs incurred through February 1992 in support of
United States military forces in and around Iraq and Turkey known as the
Kurdish Protection or Ready Reaction Force.
SEC. 104. (a) "22 USC 2751 note" No funds appropriated or otherwise
made available by this or any other Act may be used in any fiscal year
to conduct, support, or administer any sale of defense articles or
defense services to Saudi Arabia or Kuwait until that country has paid
in full, either in cash or in mutually agreed in-kind contributions, the
following commitments made to the United States to support Operation
Desert Shield/Desert Storm:
(1) In the case of Saudi Arabia, $16,839,000,000.
(2) In the case of Kuwait, $16,006,000,000.
(b) For purposes of this section, the term "any sale" means any sale
with respect to which the President is required to submit a numbered
certification to the Congress pursuant to the Arms Export Control Act on
or after the effective date of this section.
(c) This section shall take effect 120 days after the date of
enactment of this joint resolution.
(d) Any military equipment of the United States, including battle
tanks, armored combat vehicles, and artillery, included within the
Conventional Forces in Europe Treaty definition of "conventional
armaments and equipment limited by the Treaty", which may be transferred
to any other NATO country shall be subject to the notification
procedures stated in section 523 of Public Law 101-513 and in section
634A of the Foreign Assistance Act of 1961.
SEC. 105. (a) Of the funds appropriated from the Defense Cooperation
Account for the Kurdish Ready Reaction Force, up to $15,000,000 may be
made available only for the prepositioning of relief supplies in the
Middle East to meet emergency Kurdish and other Iraqi-related
humanitarian needs and related transportation costs.
(b) In addition, the Secretary of Defense may transfer up to
$15,000,000 in additional funds from the Defense Cooperation Account to
the appropriate appropriations accounts within the Department of Defense
for these Kurdish and other Iraqi-related humanitarian purposes.
SEC. 106. (a) In section 110 of the Classified Annex incorporated
into the Department of Defense Appropriations Act, 1992, the matter
beginning with "Notwithstanding" and ending with "Provided, That" shall
have no force or effect.
(b) The funds described in section 110 of such Classified Annex may
be obligated for the program described therein only in accordance with
the Classified Annex incorporated into the National Defense
Authorization Act for Fiscal Years 1992 and 1993.
SEC. 107. None of the funds available to the Department of Defense
in fiscal year 1992 may be used by the Department of the Army to award a
contract for the procurement of four-ton dolly jacks if such equipment
is or would be manufactured outside the United States of America and
would be procured under any contract, agreement, arrangement, compact or
other such instrument for which any provisions including price
differential provisions of the Buy American Act of 1933, as amended, or
any other Federal buy national law was waived: Provided, That the
Secretary of the Army may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
SEC. 108. In addition to other transfer authority available to the
Department of Defense, the Secretary of Defense may transfer from
amounts appropriated to the Department of Defense for fiscal year 1992
for operation and maintenance or from balances in working capital
accounts established under section 2208 of title 10, United States Code,
not to exceed $400,000,000, to the appropriate accounts within the
Department of Defense for reducing the Soviet nuclear threat and for the
purposes set forth in the Soviet Nuclear Threat Reduction Act of 1991
contained in H.R. 3807, as passed the Senate on November 25, 1991, and
under the terms and conditions of such Act: Provided, That the
readiness of the United States Armed Forces shall not be diminished by
such transfer of funds.
SEC. 109. In addition to other transfer authority available to the
Department of Defense, the Secretary of Defense, upon the declaration of
an emergency by the President under the terms of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, may transfer from
amounts appropriated to the Department of Defense for fiscal year 1992
or from balances in working capital accounts established under section
2208 of title 10, United States Code, not to exceed $100,000,000, to the
appropriate accounts within the Department of Defense, in order to
transport by military or commercial means, food, medical supplies, and
other types of humanitarian assistance to the Soviet Union, or its
Republics, or localities therein -- with the consent of the relevant
Republic government or its independent successor -- in order to address
emergency conditions which may arise therein, and for the purposes set
forth in section 301 of H.R. 3807, as passed the Senate on November 25,
1991, and under the terms and conditions of such section 301 of H.R.
3807: Provided, That the readiness of the United States Armed Forces
shall not be diminished by such transfer of funds: Provided further,
That the Committees on Appropriations be notified of transfers under
this provision fifteen days in advance.
Section 518(a) of the "General Provisions" in H.R. 2519, the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1992, is amended by striking
out "Section 662A(c)" and inserting in lieu thereof "Section 1722A(c)".
Section 217(a) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12747(a)) is amended --
(1) in the first sentence of paragraph (1), by inserting "and
after reserving amounts for the insular areas under paragraph (3)"
before the first comma; and
(2) by adding at the end the following new paragraph:
"(3) INSULAR AREAS. -- For each fiscal year, of any amounts
approved in appropriations Acts to carry out this title, the
Secretary shall reserve for grants to the insular areas the
greater of (A) $750,000, or (B) 0.5 percent of the amounts
appropriated under such Acts. The Secretary shall provide for the
distribution of amounts reserved under this paragraph among the
insular areas pursuant to specific criteria for such distribution.
The criteria shall be contained in a regulation promulgated by
the Secretary after notice and public comment.".
Section 104 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12704) is amended --
(1) in paragraph (1), by striking "Guam" and all that follows
through "American Samoa,"; and
(2) by adding at the end the following new paragraph:
"(24) The term 'insular area' means any of the following:
Guam, the Northern Mariana Islands, the Virgin Islands, and
American Samoa.".
The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1992 (H.R.
2519), is amended --
(1) in the appropriating paragraph entitled "Personal Services
and Travel, Office of Public and Indian Housing" by striking
"$10,424,000" and inserting in lieu thereof "$12,788,000" each
time it appears in the paragraph;
(2) in the appropriating paragraph entitled "Personal Services
and Travel, Office of Policy Development and Research" by striking
"$10,705,000" and inserting in lieu thereof "$8,717,000" each time
it appears in the paragraph; and
(3) in the appropriating paragraph entitled "Personal Services
and Travel, Office of General Counsel" by striking "$14,985,000"
and inserting in lieu thereof "$14,609,000" each time it appears
in the paragraph.
Of the funds made available under this head in Public Law 102-139,
not to exceed $950,000, to remain available until September 30, 1993,
shall be available for the purpose of providing financial assistance
(through grant or contract made, to the maximum extent feasible, not
later than 150 days after enactment of this Act) to facilitate the
furnishing of legal and other assistance, without charge, to veterans
and other persons who are unable to afford the cost of legal
representation in connection with decisions to which section 7252(a) of
title 38, United States Code, may apply, or with other proceedings in
the Court, through a program that furnishes case screening and referral,
training and education for attorney and related personnel, and
encouragement and facilitation of pro bono representation by members of
the bar and law school clinical and other appropriate programs, such as
veterans service organizations, and through defraying expenses incurred
in providing representation to such persons: Provided, That such grants
or contracts shall be made by the Legal Services Corporation pursuant to
a reimbursable payment from the United States Court of Veterans Appeals
for the purposes described herein: Provided further, That the Legal
Services Corporation is authorized to receive a reimbursable payment
from the United States Court of Veterans Appeals for the purpose of
providing the financial assistance described herein: Provided further,
That no funds made available herein shall be used for the payment of
attorney fees: Provided further, That, not later than 180 days after
the enactment of this Act, and, again, not later than one year after a
grant or contract is made pursuant to the provisions of this paragraph,
the Legal Services Corporation and the United States Court of Veterans
Appeals shall report to the appropriate committees of the Congress
regarding the implementation of the provisions of this paragraph.
Of the funds appropriated for the wastewater treatment facilities
fund under title VI of the Federal Water Pollution Control Act, up to
one-half of one per centum may be made available by the Administrator
for direct grants to Indian tribes for construction of wastewater
treatment facilities.
For emergency disaster assistance payments necessary to provide for
expenses in presidentially-declared disasters under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, an additional
amount for "Disaster relief", $943,000,000, to remain available until
expended, of which $143,000,000 shall be available only after submission
to the Congress of a formal budget request by the President designating
the $143,000,000 as an emergency: Provided, That up to $1,250,000 of
the funds made available under this heading may be transferred to, and
merged with, amounts made available to the Federal Emergency Management
Agency under the heading "Salaries and expenses" in the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1992 (Public Law 102-139): Provided
further, That hereafter, beginning in fiscal year 1993, and in each year
thereafter, notwithstanding any other provision of law, "42 USC 5203"
all amounts appropriated for disaster assistance payments under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) that are in excess of either the historical annual
average obligation of $320,000,000, or the amount submitted in the
President's initial budget request, whichever is lower, shall be
considered as "emergency requirements" pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985, and
such amounts shall hereafter be so designated.
The last proviso under this heading in the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1990 (Public Law 101-144), "103 Stat. 861" is hereby
deleted.
For necessary expenses of the National Commission on Severely
Distressed Public Housing, in carrying out its functions under title V
of the Department of Housing and Urban Development Reform Act of 1989
(Public Law 101-235), $250,000, to remain available until expended, to
be derived by transfer from amounts provided to the Department of
Housing and Urban Development under the heading "Salaries and expenses"
in Public Law 102-139.
In view of the occurrence of recent natural disasters -- similar to
the volcano eruption of 1980, the earthquake of 1989, and the hurricane
of 1989 -- droughts, floods, freezes, tornadoes, and other catastrophes
which resulted in billions of dollars in damages, and in an effort to
restore the economy and to alleviate the effects of the disasters, an
additional $1,750,000,000, to remain available until expended, is hereby
made available for losses associated with 1990 crops as authorized by
Public Law 101-624, "7 USC 1421 note" and for losses associated with
1991 and 1992 crops under the same terms and conditions: Provided, That
$995,000,000 of this amount is available for payments to producers for
losses on either 1990 or 1991 crops, at the producer's option: Provided
further, That the remaining $755,000,000 shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, is transmitted to the Congress: Provided further,
That this $755,000,000 shall be available for crop losses for one of the
years 1990, 1991 or 1992, at the producer's option, but shall not be for
a year for which disaster payments were previously provided to the
producer: Provided further, That $100,000,000 of the $755,000,000 is
set aside for program crops planted in 1991 for harvest in 1992:
Provided further, That, consistent with the amounts made available
above, emergency loans made with respect to damage to an annual crop
planted for harvest in 1991 under subtitle C of the Consolidated Farm
and Rural Development Act shall be made available without regard to the
purchase of crop insurance under the Federal Crop Insurance Act by the
producer who requests such a loan.
Notwithstanding any other provision of law, funds available to the
Animal and Plant Health Inspection Service of the Department of
Agriculture for fiscal year 1992 shall be made available as a grant in
the amount of $530,000 to the State of Maine Department of Agriculture,
Food and Rural Resources for potato disease detection, control,
prevention, eradication and related activities including the payment of
compensation to persons for economic losses associated with such efforts
conducted or to be conducted in the State of Maine and any unobligated
balances of funds previously appropriated or earmarked for potato
disease efforts by the Secretary of Agriculture shall remain available
until expended by the Secretary.
SEC. 200. FINDING OF DIRE EMERGENCY CONDITIONS. -- The Congress
finds that --
(a) the President has designated and requested the Congress to
designate over $1,140,000,000 in 1991 international assistance
funds to meet emergency needs in foreign lands;
(b) natural disasters (including floods, droughts, tornadoes,
hurricanes, earthquakes, freezes, and typhoons) have occurred in
the United States and its territories causing loss of life, human
suffering, loss of income, and property loss or damage with dire
emergency financial situations;
(c) since October 1990, there have been 44
presidentially-declared disasters and 89 disasters declared by the
Secretary of Agriculture affecting every area of the Nation in
almost every State for which Federal funds are not available to
meet emergency needs, resulting in calls for the National Guard
and other assistance;
(d) as a consequence of these disasters, millions of acres of
land are or were under water, millions of acres of farm land are
not able to be planted, and highways, dams, roads, and bridges
have not been repaired. Many of the people in communities,
counties, States, and many private businesses have been
dangerously affected, and the local authorities in many cases are
unable to meet the financial costs; and
(e) the combination of the effects of these conditions and the
current recession constitutes a dire emergency situation
(8,582,000 people are unemployed, total employment has declined by
over 1,400,000 jobs in the last year, over 7,500 businesses are
failing each month, and foreign purchases of United States land
and companies are increasing) which will, if not corrected by
increased production, necessitate the need for a Job Creation Bill
similar to what was enacted in 1983.
SEC. 201. No part of any appropriation contained in this joint
resolution shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
SEC. 202. Although the President has only designated portions of the
funds in this joint resolution pertaining to the incremental costs of
Desert Shield/Desert Storm and certain Federal Emergency Management
Agency costs as "emergency requirements", the Congress believes that the
same or higher priority should be given to helping American people
recover from natural disasters and other emergency situations as has
been given to foreign aid "emergency" needs. The Congress therefore
designated all funds in Titles I and II of this joint resolution as
"emergency requirements" for all purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 203. (a) RESTRICTIONS. -- None of the funds appropriated by
this joint resolution or any other provision of law under the heading
"Economic Support Fund" or "Foreign Military Financing Program" may be
made available for Kenya unless the President determines, and so
certifies to the Congress, that the Government of Kenya --
(1) has released all political detainees and has ended the
prosecution of individuals for the peaceful expression of their
political beliefs;
(2) has ceased the physical abuse or mistreatment of prisoners;
(3) has restored judicial independence;
(4) has taken significant steps toward respecting human rights
and fundamental freedoms, including the freedom of thought,
conscience, belief, expression, and the freedom to advocate the
establishment of political parties and organizations; and
(5) has implemented the principle of freedom of movement,
including the right of all citizens of Kenya to leave and return
to their country.
(b) PROHIBITION. --
(1) LIMITATION ON NEW PROJECT ASSISTANCE. -- During fiscal
year 1992, funds appropriated by this or any other Act to carry
out the provisions of chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 that are provided for assistance to the
Government of Kenya for new projects shall be made available only
for new projects --
(A) that promote basic human need, directly address poverty,
enhance employment generation, and address environmental concerns;
or
(B) to improve the performance of democratic institutions, or
otherwise promote the objectives being sought in the certification
required by subsection (a).
(2) CONGRESSIONAL NOTIFICATION. -- During fiscal year 1992,
none of the funds appropriated by this or any other Act to carry
out the provisions of chapters 1 and 10 of the Foreign Assistance
Act of 1961 shall be obligated unless the Committees on
Appropriations are notified at least 15 days in advance in
accordance with the regular notification procedures of those
Committees.
(3) APPLICABILITY. -- The provisions of paragraphs (1) and (2)
of this subsection shall cease to apply 30 days after the
certification described in subsection (a) is made to the Congress.
(c) DATE OF AVAILABILITY OF FUNDS. -- None of the funds appropriated
by this joint resolution or any other provision of law under the heading
"Economic Support Fund" or "Foreign Military Financing Program" may be
obligated or expended for Kenya until 30 days after the certification
described in subsection (a) is made to the Congress.
SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF
UKRAINIAN INDEPENDENCE.
(a) FINDINGS. -- The Senate makes the following findings:
(1) On August 24, 1991, the democratically elected Ukrainian
parliament declared Ukrainian independence and the creation of an
independent, democratic state -- Ukraine.
(2) That declaration reflects the desire of the people of
Ukraine for freedom and independence following long years of
communist oppression, collectivization, and centralization.
(3) On December 1, 1991, a republic-wide referendum will be
held in Ukraine to confirm the August 24, 1991, declaration of
independence.
(4) Ukraine is pursuing a peaceful and democratic path to
independence and has pledged to comply with the Helsinki Final Act
and other documents of the Conference on Security and Cooperation
in Europe.
(5) Ukraine and Russia signed an agreement on August 29, 1991,
recognizing each other's rights to state independence and
affirming each other's territorial integrity.
(6) Ukraine, a nation of 52,000,000 people, with its own
distinct linguistic, cultural, and religious traditions, is
determined to take its place among the family of free and
democratic nations of the world.
(7) The Congress has traditionally supported the rights of
people to peaceful and democratic self-determination.
(8) As recognized in Article VIII of the Helsinki Final Act of
the Conference on Security and Cooperation in Europe, "all peoples
always have the right, in full freedom, to determine, when and as
they wish, their internal and external political status, without
external interference, and to pursue as they wish their political,
economic, social and cultural development".
(b) SENSE OF THE SENATE. -- It is the sense of the Senate that the
President --
(1) should recognize Ukraine's independence and undertake steps
toward the establishment of full diplomatic relations with Ukraine
should the December 1, 1991, referendum confirm Ukrainian
parliament's independence declaration; and
(2) should use United States assistance, trade, and other
programs to support the Government of Ukraine and encourage the
further development of democracy and a free market in Ukraine.
SEC. 205. The appropriation entitled "Fishing Vessel Obligations
Guarantees" in Public Law 102-140 is amended by striking the sum
"$10,000,000" and inserting in lieu thereof the sum "$24,000,000".
SEC. 206. From the funds made available for Land Acquisition of the
United States Fish and Wildlife Service in the fiscal year 1992
Department of the Interior and Related Agencies Appropriations Act
(Public Law 102-154), $965,000 is hereby appropriated by transfer to the
Resource Management account of the United States Fish and Wildlife
Service.
SEC. 207. "43 USC 1474b note" Notwithstanding any other provision of
law, amounts received by the United States for restitution and future
restoration (including replacement or acquisition of equivalent natural
resources) in settlement of United States v. Exxon Corporation and Exxon
Shipping Company (Case No. A90-015-1CR and 2CR), hereinafter the Plea
Agreement, United States v. Exxon Corporation et al. (Civil No. A91-082
CIV) and State of Alaska v. Exxon Corporation et al. (Civil No. A91-083
CIV), hereinafter referred to together as the Agreement and Consent
Decree, as approved by the United States District Court for the District
of Alaska on October 8, 1991, in fiscal year 1992 and thereafter shall
be deposited into the Natural Resource Damage Assessment and Restoration
Fund established by Public Law 102-154. Such amounts, and the interest
accruing thereon, shall be available to the Federal Trustees identified
in the Agreement and Consent Decree for necessary expenses for
assessment and restoration of areas affected by the discharge of oil
from the T/V EXXON VALDEZ on March 23-24, 1989, for fiscal year 1992 and
thereafter in accordance with the Plea Agreement and the Agreement and
Consent Decree: Provided, That such amounts (and accrued interest)
shall remain available until expended: Provided further, That such
amounts may be transferred to any account, as authorized by section
311(f)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(f)(5)), to carry out the provisions of the Plea Agreement and the
Agreement and Consent Decree: Provided further, That herein and
hereafter any amounts deposited into the Natural Resource Damage
Assessment and Restoration Fund shall be invested by the Secretary of
the Treasury in interest bearing obligations of the United States to the
extent such amounts are not, in his judgment, required to meet current
withdrawals: Provided further, That interest earned by such investments
shall be available for obligation without further appropriation:
Provided further, That, for fiscal year 1992, the Federal Trustees shall
provide written notification of the proposed transfer of such amounts to
the Appropriations Committees of the House of Representatives and the
Senate thirty days prior to the actual transfer of such amounts:
Provided further, That, for fiscal year 1993 and thereafter, the Federal
Trustees shall submit in the President's Budget for each fiscal year the
proposed use of such amounts.
SEC. 208. Section 2713(d) of the Public Health Service Act (42
U.S.C. 300aaa-12(d)) is amended by striking "(a)(2)" and inserting
"(a)".
SEC. 209. (a) Section 307E of the Legislative Branch Appropriations
Act, 1989 (40 U.S.C. 216c), is amended to read as follows:
"SEC. 307E. (a) The Architect of the Capitol, subject to the
direction of the Joint Committee on the Library, is authorized to --
"(1) construct a National Garden demonstrating the diversity of
plans, including the rose, our national flower, to be located
between Maryland and Independence Avenues, S.W., and extending
from the Botanic Garden Conservatory to Third Streets, S.W., in
the District of Columbia; and
"(2) solicit, receive, accept, and hold gifts, including money,
plant material, and other property, on behalf of the Botanic
Garden, and to dispose of, utilize, obligate, expend, disburse,
and administer such gifts for the benefit of the Botanic Garden,
including among other things, the carrying out of any programs,
duties, or functions of the Botanic Garden, and for constructing,
equipping, and maintaining the National Garden referred to in
paragraph (1).
"(b)(1) Gifts or bequests of money under subsection (a)(2) shall,
when received by the Architect, be deposited with the Treasurer of the
United States, who shall credit these deposits as offsetting collections
to an account entitled 'Botanic Garden, Gifts and Donations'. The gifts
or bequests described under subsection (a)(2) shall be accepted only in
the total amount provided in appropriations Acts.
"(2) Receipts, obligations, and expenditures of funds under this
section shall be included in annual estimates submitted by the Architect
for the operation and maintenance of the Botanic Garden and such funds
shall be expended by the Architect, without regard to section 3709 of
the Revised Statutes, for the purposes of this section after approval in
appropriation Acts. All such sums shall remain available until
expended, without fiscal year limitation.
"(c)(1) In carrying out this section and his duties, the Architect of
the Capitol may accept personal services, including educationally
related work assignments for students in nonpay status, if the service
is to be rendered without compensation.
"(2) No person shall be permitted to donate his or her personal
services under this section unless such person has first agreed, in
writing, to waive any and all claims against the United States arising
out of or in connection with such services, other than a claim under the
provisions of chapter 81 of title 5, United States Code.
"(3) No person donating personal services under this section shall be
considered an employee of the United States for any purpose other than
for purposes of chapter 81 of title 5, United States Code.
"(4) In no case shall the acceptance of personal services under this
section result in the reduction of pay or displacement of any employee
of the Botanic Garden.
"(d) Any gift accepted by the Architect of the Capitol under this
section shall be considered a gift to the United States for purposes of
income, estate, and gift tax laws of the United States.".
(b) Pursuant to section 307E of the Legislative Branch Appropriations
Act, 1989, "40 USC 216c note" not more than $2,000,000 shall be accepted
and not more than $2,000,000 of the amounts accepted shall be available
for obligation by the Architect for preparation of working drawings,
specifications, and cost estimates for renovation of the Conservatory of
the Botanic Garden.
SEC. 210. (a) The caption for section 713 of title 18, United States
Code, is amended as follows:
"Section 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President, and the seal of
the United States Senate.".
(b) Subsection (a) of section 713 of title 18, United States Code, is
amended by inserting "or the seal of the United States Senate," after
"Vice President of the United States,".
(c) Subsection (c) of section 713 of title 18, United States Code, is
--
(1) amended to read as follows:
"A violation of the provisions of this section may be enjoined at the
suit of the Attorney General,
"(1) in the case of the great seal of the United States and the
seals of the President and Vice President, upon complaint by any
authorized representative of any department or agency of the
United States; and
"(2) in the case of the seal of the United States Senate, upon
complaint by the Secretary of the Senate."; and
(2) redesignated as subsection (d).
(d) Section 713 of title 18, United States Code, is amended by
inserting after subsection (b) the following new subsection:
"(c) Whoever, except as directed by the United States Senate, or the
Secretary of the Senate on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately or appended
to any article manufactured or sold, any likeness of the seal of the
United States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of the
Government of the United States, shall be fined not more than $250 or
imprisoned not more than six months, or both.".
(e) The table of sections for chapter 33 of title 18, United States
Code, is amended by striking the item for section 713 and inserting the
following:
"713. Use of likenesses of the great seal of the United States, the
seals of the President and Vice President, and the seal of the United
States Senate.".
SEC. 211. Section 311(i) of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 59e(i)) is amended by striking out "with respect to
sessions of Congress beginning with the second session of the One
Hundred Second Congress," and inserting in lieu thereof "beginning on
May 1, 1992,".
SEC. 212. The Secretary of Defense shall continue the construction
of a composite medical replacement facility located at Nellis Air Force
Base, Nevada, as authorized in the Military Construction Authorization
Act for Fiscal Years 1990 and 1991 (division B of Public Law 101-189)
and the Military Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510) and as provided for in the Military
Construction Appropriations Act, 1990 (Public Law 101-148) and the
Military Construction Appropriations Act, 1991 (Public Law 101-519).
SEC. 213. Unobligated funds in the amount of $990,000 authorized and
appropriated under Public Law 102-143 for bridge safety repairs in
Vermont shall be made available as follows -- $350,000 to the City of
Barre for the Granite Street Bridge, $350,000 to the City of Montpelier
for the Bailey Avenue Bridge, $90,000 to the town of Brandon for the
replacement of the Dean Bridge, and $90,000 for the Town of Williston
and $110,000 for the Town of Essex for the North Williston Road Bridge
-- without regard to whether or not such expenses are incurred in
accordance with sections 101, 106, 110, and 120 of title 23 of the
United States Code.
SEC. 214. Section 4001(a)(14) of the Employment Retirement Income
Security Act of 1974 (29 U.S.C. 1301(a)(14)) is amended --
(1) by striking "and" at the end of subparagraph (A);
(2) by adding "and" at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
"(C)(i) notwithstanding any other provision of this title,
during any period in which an individual possesses, directly or
indirectly, the power to direct or cause the direction of the
management and policies of an affected air carrier of which he was
an accountable owner, whether through the ownership of voting
securities, by contract, or otherwise, the affected air carrier
shall be considered to be under common control not only with those
persons described in subparagraph (B), but also with all related
persons; and
"(ii) for purposes of this subparagraph, the term --
"(I) 'affected air carrier' means an air carrier, as defined in
section 101(3) of the Federal Aviation Act of 1958, that holds a
certificate of public convenience and necessity under section 401
of such Act for route number 147, as of November 12, 1991;
"(II) 'related person' means any person which was under common
control (as determined under subparagraph (B)) with an affected
air carrier on October 10, 1991, or any successor to such related
person;
"(III) 'accountable owner' means any individual who on October
10, 1991, owned directly or indirectly through the application of
section 318 of the Internal Revenue Code of 1986 more than 50
percent of the total voting power of the stock of an affected air
carrier;
"(IV) 'successor' means any person that acquires, directly or
indirectly through the application of section 318 of the Internal
Revenue Code of 1986, more than 50 percent of the total voting
power of the stock of a related person, more than 50 percent of
the total value of the securities (as defined in section 3(20) of
this Act) of the related person, more than 50 percent of the total
value of the assets of the related person, or any person into
which such related person shall be merged or consolidated; and
"(V) 'individual' means a living human being;".
This joint resolution may be cited as the "Dire Emergency
Supplemental Appropriations and Transfers for Relief From the Effects of
Natural Disasters, for Other Urgent Needs, and for Incremental Cost of
'Operation Desert Shield/Desert Storm' Act of 1992".
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 157 (H.R. 3543):
HOUSE REPORTS: Nos. 102-255 accompanying H.R. 3543 (Comm. on
Appropriations) and 102-394 (Comm. of Conference).
SENATE REPORTS: No. 102-216 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 137 (1991): Feb. 28, considered and
passed House. Oct. 29, H.R. 3543 considered and passed House. Nov. 22,
H.J. Res. 157 considered and passed Senate, amended. Nov. 26, House
agreed to conference report. Nov. 27, Senate agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
12, Presidential statement.
Public Law 102-228, 105 Stat. 1691
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 "Conventional Forces in Europe Treaty
Implementation Act of 1991".
SEC. 2. "22 USC 2751" AUTHORITY TO TRANSFER CERTAIN CFE
TREATY-LIMITED EQUIPMENT TO NATO MEMBERS.
The Arms Export Control Act is amended by adding at the end the
following:
"SEC. 91. "22 USC 2799" PURPOSE.
"The purpose of this chapter is to authorize the President to
support, consistent with the CFE Treaty, a NATO equipment transfer
program that will --
"(1) enhance NATO's forces,
"(2) increase NATO standardization and interoperability, and
"(3) better distribute defense burdens within the NATO
alliance.
"SEC. 92. "22 USC 2799a" CFE TREATY OBLIGATIONS.
"The authorities provided in this chapter shall be exercised
consistent with the obligations incurred by the United States in
connection with the CFE Treaty.
"SEC. 93. "22 USC 2799b" AUTHORITIES.
"(a) GENERAL AUTHORITY. -- The President may transfer to any
NATO/CFE country, in accordance with NATO plans, defense articles --
"(1) that are battle tanks, armoured combat vehicles, or
artillery included within the CFE Treaty's definition of
'conventional armaments and equipment limited by the Treaty';
"(2) that were, as of the date of signature of the CFE Treaty,
in the stocks of the Department of Defense and located in the CFE
Treaty's area of application; and
"(3) that the President determines are not needed by United
States military forces within the CFE Treaty's area of
application.
"(b) ACCEPTANCE OF NATO ASSISTANCE IN ELIMINATING DIRECT COSTS OF
TRANSFERS. -- In order to eliminate direct costs of facilitating
transfers of defense articles under subsection (a), the United States
may utilize services provided by NATO or any NATO/CFE country, including
inspection, repair, or transportation services with respect to defense
articles so transferred.
"(c) ACCEPTANCE OF NATO ASSISTANCE IN MEETING CERTAIN UNITED STATES
OBLIGATIONS. -- In order to facilitate United States compliance with
the CFE Treaty-mandated obligations for destruction of conventional
armaments and equipment limited by the CFE Treaty, the United States may
utilize services or funds provided by NATO or any NATO/CFE country.
"(d) AUTHORITY TO TRANSFER ON A GRANT BASIS. -- Defense articles may
be transferred under subsection (a) without cost to the recipient
country.
"(e) THIRD COUNTRY TRANSFERS RESTRICTIONS. -- For purposes of
sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense articles
transferred under subsection (a) of this section shall be deemed to have
been sold under this Act.
"(f) MAINTENANCE OF MILITARY BALANCE IN THE EASTERN MEDITERRANEAN.
-- The President shall ensure that transfers by the United States under
subsection (a), taken together with transfers by other NATO/CFE
countries in implementing the CFE Treaty, are of such valuations so as
to be consistent with the United States policy, embodied in section 620C
of the Foreign Assistance Act of 1961, of maintaining the military
balance in the Eastern Mediterranean.
"(g) EXPIRATION OF AUTHORITY. --
"(1) IN GENERAL. -- Except as provided in paragraph (2), the
authority of subsection (a) expires at the end of the 40-month
period beginning on the date on which the CFE Treaty enters into
force.
"(2) TRANSITION RULE. -- Paragraph (1) does not apply with
respect to a transfer of defense articles for which notification
under section 94(a) is submitted before the end of the period
described in that paragraph.
"SEC. 94. "22 USC 2799c" NOTIFICATIONS AND REPORTS TO CONGRESS.
"(a) NOTIFICATIONS. -- Not less than 15 days before transferring any
defense articles pursuant to section 93(a), the President shall notify
the Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate in accordance with the
procedures applicable to reprogramming notifications pursuant to section
634A of the Foreign Assistance Act of 1961.
"(b) ANNUAL REPORTS. -- Not later than February 1 each year, the
President shall submit to the Committee on Foreign Affairs and the
Committee on Armed Services of the House of Representatives and the
Committee on Foreign Relations and the Committee on Armed Services of
the Senate a report that --
"(1) lists all transfers made to each recipient NATO/CFE
country by the United States under section 93(a) during the
preceding calendar year;
"(2) describes how those transfers further the purposes
described in paragraphs (1) through (3) of section 91; and
"(3) lists, on a country-by-country basis, all transfers to
another country of conventional armaments and equipment limited by
the CFE Treaty --
"(A) by each NATO/CFE country (other than the United States) in
implementing the CFE Treaty, and
"(B) by each Warsaw Pact country in implementing the CFE
Treaty.
"SEC. 95. "22 USC 2799d" DEFINITIONS.
"As used in this chapter --
"(1) the term 'CFE Treaty' means the Treaty on Conventional
Armed Forces in Europe (signed at Paris, November 19, 1990);
"(2) the term 'conventional armaments and equipment limited by
the CFE Treaty' has the same meaning as the term 'conventional
armaments and equipment limited by the Treaty' does under
paragraph 1(J) of article II of the CFE Treaty;
"(3) the term 'NATO' means the North Atlantic Treaty
Organization;
"(4) the term 'NATO/CFE country' means a member country of NATO
that is a party to the CFE Treaty and is listed in paragraph 1(A)
of article II of the CFE Treaty within the group of States Parties
that signed or acceded to the Treaty of Brussels of 1948 or the
Treaty of Washington of 1949 (the North Atlantic Treaty); and
"(5) the term 'Warsaw Pact country' means a country that is
listed in paragraph 1(A) of article II of the CFE Treaty within
the group of States Parties that signed the Treaty of Warsaw of
1955.".
SEC. 201. SHORT TITLE.
This title "22 USC 2551 note" may be cited as the "Soviet Nuclear
Threat Reduction Act of 1991".
SEC. 211. NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.
(a) FINDINGS. -- The Congress finds --
(1) that Soviet President Gorbachev has requested Western help
in dismantling nuclear weapons, and President Bush has proposed
United States cooperation on the storage, transportation,
dismantling, and destruction of Soviet nuclear weapons;
(2) that the profound changes underway in the Soviet Union pose
three types of danger to nuclear safety and stability, as follows:
(A) ultimate disposition of nuclear weapons among the Soviet
Union, its republics, and any successor entities that is not
conducive to weapons safety or to international stability; (B)
seizure, theft, sale, or use of nuclear weapons or components;
and (C) transfers of weapons, weapons components, or weapons
know-how outside of the territory of the Soviet Union, its
republics, and any successor entities, that contribute to
world-wide proliferation; and
(3) that it is in the national security interests of the United
States (A) to facilitate on a priority basis the transportation,
storage, safeguarding, and destruction of nuclear and other
weapons in the Soviet Union, its republics, and any successor
entities, and (B) to assist in the prevention of weapons
proliferation.
(b) EXCLUSIONS. -- United States assistance in destroying nuclear
and other weapons under this title may not be provided to the Soviet
Union, any of its republics, or any successor entity unless the
President certifies to the Congress that the proposed recipient is
committed to --
(1) making a substantial investment of its resources for
dismantling or destroying such weapons;
(2) forgoing any military modernization program that exceeds
legitimate defense requirements and forgoing the replacement of
destroyed weapons of mass destruction;
(3) forgoing any use of fissionable and other components of
destroyed nuclear weapons in new nuclear weapons;
(4) facilitating United States verification of weapons
destruction carried out under section 212;
(5) complying with all relevant arms control agreements; and
(6) observing internationally recognized human rights,
including the protection of minorities.
SEC. 212. AUTHORITY FOR PROGRAM TO FACILITATE SOVIET WEAPONS
DESTRUCTION.
(a) IN GENERAL. -- Notwithstanding any other provision of law, the
President, consistent with the findings stated in section 211, may
establish a program as authorized in subsection (b) to assist Soviet
weapons destruction. Funds for carrying out this program shall be
provided as specified in part C.
(b) TYPE OF PROGRAM. -- The program under this section shall be
limited to cooperation among the United States, the Soviet Union, its
republics, and any successor entities to (1) destroy nuclear weapons,
chemical weapons, and other weapons, (2) transport, store, disable, and
safeguard weapons in connection with their destruction, and (3)
establish verifiable safeguards against the proliferation of such
weapons. Such cooperation may involve assistance in planning and in
resolving technical problems associated with weapons destruction and
proliferation. Such cooperation may also involve the funding of
critical short-term requirements related to weapons destruction and
should, to the extent feasible, draw upon United States technology and
United States technicians.
SEC. 221. ADMINISTRATION OF NUCLEAR THREAT REDUCTION PROGRAMS.
(a) FUNDING. --
(1) TRANSFER AUTHORITY. -- The President may, to the extent
provided in an appropriations Act or joint resolution, transfer to
the appropriate defense accounts from amounts appropriated to the
Department of Defense for fiscal year 1992 for operation and
maintenance or from balances in working capital accounts
established under section 2208 of title 10, United States Code,
not to exceed $400,000,000 for use in reducing the Soviet military
threat under part B.
(2) LIMITATION. -- Amounts for transfers under paragraph (1)
may not be derived from amounts appropriated for any activity of
the Department of Defense that the Secretary of Defense determines
essential for the readiness of the Armed Forces, including amounts
for --
(A) training activities; and
(B) depot maintenance activities.
(b) DEPARTMENT OF DEFENSE. -- The Department of Defense shall serve
as the executive agent for any program established under part B.
(c) REIMBURSEMENT OF OTHER AGENCIES. -- The Secretary of Defense may
reimburse other United States Government departments and agencies under
this section for costs of participation, as directed by the President,
only in a program established under part B.
(d) CHARGES AGAINST FUNDS. -- The value of any material from
existing stocks and inventories of the Department of Defense, or any
other United States Government department or agency, that is used in
providing assistance under part B to reduce the Soviet military threat
may not be charged against funds available pursuant to subsection (a) to
the extent that the material contributed is directed by the President to
be contributed without subsequent replacement.
(e) DETERMINATION BY DIRECTOR OF OMB. -- No amount may be obligated
for the program under part B unless expenditures for that program have
been determined by the Director of the Office of Management and Budget
to be counted against the defense category of the discretionary spending
limits for fiscal year 1992 (as defined in section 601(a)(2) of the
Congressional Budget Act of 1974) for purposes of part C of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 222. REPAYMENT ARRANGEMENTS.
(a) REIMBURSEMENT ARRANGEMENTS. -- Assistance provided under part B
to the Soviet Union, any of its republics, or any successor entity shall
be conditioned, to the extent that the President determines to be
appropriate after consultation with the recipient government, upon the
agreement of the recipient government to reimburse the United States
Government for the cost of such assistance from natural resources or
other materials available to the recipient government.
(b) NATURAL RESOURCES, ETC. -- The President shall encourage the
satisfaction of such reimbursement arrangements through the provision of
natural resources, such as oil and petroleum products and critical and
strategic materials, and industrial goods. Materials received by the
United States Government pursuant to this section that are suitable for
inclusion in the Strategic Petroleum Reserve or the National Defense
Stockpile may be deposited in the reserve or stockpile without
reimbursement. Other material and services received may be sold or
traded on the domestic or international market with the proceeds to be
deposited in the General Fund of the Treasury.
SEC. 223. DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.
It is the sense of the Senate that the committee of conference on
House Joint Resolution 157 should consider providing the necessary
authority in the conference agreement for the President to transfer
funds pursuant to this title.
SEC. 231. PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
Not less than 15 days before obligating any funds for a program under
part B, the President shall transmit to the Congress a report on the
proposed obligation. Each such report shall specify --
(1) the account, budget activity, and particular program or
programs from which the funds proposed to be obligated are to be
derived and the amount of the proposed obligation; and
(2) the activities and forms of assistance under part B for
which the President plans to obligate such funds.
SEC. 232. QUARTERLY REPORTS ON PROGRAM.
Not later than 30 days after the end of each quarter of fiscal years
1992 and 1993, the President shall transmit to the Congress a report on
the activities to reduce the Soviet military threat carried out under
part B. Each such report shall set forth, for the preceding quarter and
cumulatively, the following:
(1) Amounts spent for such activities and the purposes for
which they were spent.
(2) The source of the funds obligated for such activities,
stated specifically by program.
(3) A description of the participation of the Department of
Defense, and the participation of any other United States
Government department or agency, in such activities.
(4) A description of the activities carried out under part B
and the forms of assistance provided under part B.
(5) Such other information as the President considers
appropriate to fully inform the Congress concerning the operation
of the program under part B.
SEC. 301. AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY
AIRLIFT AND OTHER SUPPORT.
(a) FINDINGS. -- The Congress finds --
(1) that political and economic conditions within the Soviet
Union and its republics are unstable and are likely to remain so
for the foreseeable future;
(2) that these conditions could lead to the return of
antidemocratic forces in the Soviet Union;
(3) that one of the most effective means of preventing such a
situation is likely to be the immediate provision of humanitarian
assistance; and
(4) that should this need arise, the United States should have
funds readily available to provide for the transport of such
assistance to the Soviet Union, its republics, and any successor
entities.
(b) AUTHORITY TO TRANSFER CERTAIN FUNDS. --
(1) IN GENERAL. -- Notwithstanding any other provision of law,
the Secretary of Defense, at the direction of the President, may
during fiscal year 1992, to the extent provided in an
appropriations Act or joint resolution, transfer to the
appropriate defense accounts sufficient funds, not to exceed
$100,000,000, from funds described in paragraph (3) in order to
transport, by military or commercial means, food, medical
supplies, and other types of humanitarian assistance to the Soviet
Union, its republics, or any successor entities -- with the
consent of the relevant republic government or independent
successor entity -- in order to address emergency conditions which
may arise in such republic or successor entity, as determined by
the President. As used in this subsection, the term "humanitarian
assistance" does not include construction equipment, including
tractors, scrapers, loaders, graders, bulldozers, dumptrucks,
generators, and compressors.
(2) REPORTS BY THE SECRETARY OF STATE. -- The Secretary of
State shall promptly report to the President regarding any
emergency conditions which may require such humanitarian
assistance. The Secretary's report shall include an estimate of
the extent of need for such assistance, discuss whether the
consent of the relevant republic government or independent
successor entity has been given for the delivery of such
assistance, describe steps other nations and organizations are
prepared to take in response to an emergency, and discuss the
foreign policy implications, if any, of providing such assistance.
(3) SOURCE OF FUNDS. -- Any funds which are transferred
pursuant to this subsection shall be drawn from amounts
appropriated to the Department of Defense for fiscal year 1992 or
from balances in working capital accounts established under
section 2208 of title 10, United States Code.
(4) EMERGENCY REQUIREMENTS. -- The Congress designates all
funds transferred pursuant to this section as "emergency
requirements" for all purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985. Notwithstanding any other
provision of law, funds shall be available for transfer pursuant
to this section only if, not later than the date of enactment of
the appropriations Act or joint resolution that makes funds
available for transfer pursuant to this section, the President, in
a single designation, designates the entire amount of funds made
available for such transfer by that appropriations Act or joint
resolution to be "emergency requirements" for all purposes of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(c) REPAYMENT ARRANGEMENTS. --
(1) REIMBURSEMENT ARRANGEMENTS. -- Assistance provided under
subsection (b) to the Soviet Union, any of its republics, or any
successor entity shall be conditioned, to the extent that the
President determines to be appropriate after consultation with the
recipient government, upon the agreement of the recipient
government to reimburse the United States Government for the cost
of such assistance from natural resources or other materials
available to the recipient government.
(2) NATURAL RESOURCES, ETC. -- The President shall encourage
the satisfaction of such reimbursement arrangements through the
provision of natural resources, such as oil and petroleum products
and critical and strategic materials, and industrial goods.
Materials received by the United States Government pursuant to
this subsection that are suitable for inclusion in the Strategic
Petroleum Reserve or the National Defense Stockpile may be
deposited in the reserve or stockpile without reimbursement.
Other material and services received may be sold or traded on the
domestic or international market with the proceeds to be deposited
in the General Fund of the Treasury.
(d) DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS. -- It is the sense
of the Senate that the committee of conference on House Joint Resolution
157 should consider providing the necessary authority in the conference
agreement for the Secretary of Defense to transfer funds pursuant to
this title.
SEC. 302. REPORTING REQUIREMENTS.
(a) PRIOR NOTICE. -- Before any funds are transferred for the
purposes authorized in section 301(b), the President shall notify the
Committees on Armed Services and the Committees on Appropriations of the
Senate and the House of Representatives of the account, budget activity,
and particular program or programs from which the transfer is planned to
be made and the amount of the transfer.
(b) REPORTS TO THE CONGRESS. -- Within ten days after directing the
Secretary of Defense to transfer funds pursuant to section 301(b), the
President shall provide a report to the Committees on Armed Services of
the Senate and House of Representatives, the Committees on
Appropriations of the Senate and House of Representatives, and the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives. This report shall at a
minimum, set forth --
(1) the amount of funds transferred under this title, including
the source of such funds;
(2) the conditions which prompted the use of this authority;
(3) the form and number of lift assets planned to be used to
deliver assistance pursuant to this title;
(4) the types and purpose of the cargo planned to be delivered
pursuant to this title; and
(5) the locations, organizations, and political institutions to
which assistance is planned to be delivered pursuant to this
title.
SEC. 401. ARMS CONTROL AND DISARMAMENT AGENCY.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 49(a) of the Arms
Control and Disarmament Act (22 U.S.C. 2589(a)) is amended --
(1) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively;
(2) in paragraph (1) as so redesignated, by striking out
"$36,000,000 for the fiscal year 1990 and $37,316,000 for the
fiscal year 1991" and inserting in lieu thereof "$44,527,000 for
fiscal year 1992 and $45,862,810 for fiscal year 1993"; and
(3) in paragraph (2) as so redesignated, by striking out
"fiscal years 1990 and 1991" and inserting in lieu thereof "each
fiscal year for which an authorization of appropriations is
provided in paragraph (1)".
(b) ADMINISTRATIVE AUTHORITIES REGARDING INVESTIGATIONS. -- Section
41 of that Act (22 U.S.C. 2581) is amended --
(1) by redesignating paragraphs (h) and (i) as paragraphs (i)
and (j), respectively; and
(2) by inserting after paragraph (g) the following new
paragraph (h):
"(h) administer oaths and take sworn statements in the course of an
investigation made pursuant to the Director's responsibilities under
this Act;".
(c) ACDA REVITALIZATION. -- Not later than December 15, 1992, the
Inspector General of the Arms Control and Disarmament Agency (who serves
also as the Inspector General of the Department of State) shall submit
to the President, the Speaker of the House of Representatives, and the
chairman of the Committee on Foreign Relations of the Senate a report
with regard to the Agency's fulfillment of the primary functions
described in section 2 of the Arms Control and Disarmament Act (22
U.S.C. 2551). Such report shall address the current ability and
performance of the Agency in carrying out these functions and shall
provide detailed recommendations for any changes in executive branch
organization and direction needed to fulfill these primary functions.
Within 60 days after submission of this report, the President shall
submit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate comments on any
recommendations contained in the report dealing with executive branch
organization and direction.
SEC. 402. ON-SITE INSPECTION AGENCY.
(a) RESPONSIBILITIES OF THE ON-SITE INSPECTION AGENCY. --
(1) ADDITIONAL RESPONSIBILITIES. -- Section 61 of the Arms
Control and Disarmament Act (22 U.S.C. 2595) is amended --
(A) by redesignating paragraphs (5) and (6) as paragraphs (6)
and (7), respectively; and
(B) by inserting after paragraph (4) the following new
paragraph:
"(5) the On-Site Inspection Agency has additional
responsibilities to those specified in paragraph (4), including
the monitoring of nuclear tests pursuant to the Threshold Test Ban
Treaty and the Peaceful Nuclear Explosions Treaty and the
monitoring of the inspection provisions of such additional arms
control agreements as the President may direct;".
(2) CONFORMING AMENDMENTS TO DEFINITIONS. -- Section 64 of
that Act (22 U.S.C. 2595c) is amended --
(A) by striking out "and" at the end of paragraph (1);
(B) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof a semicolon; and
(C) by adding after paragraph (2) the following:
"(3) the term 'Peaceful Nuclear Explosions Treaty' means the
Treaty Between the United States of America and the Union of
Soviet Socialist Republics on Underground Nuclear Explosions for
Peaceful Purposes (signed at Washington and Moscow, May 28, 1976);
and
"(4) the term 'Threshold Test Ban Treaty' means the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Underground Nuclear
Weapons Tests (signed at Moscow, July 3, 1974).".
(b) IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION
ACTIVITIES. -- Title V of that Act is amended --
(1) by redesignating section 64 as section 65; "22 USC 2595c"
and
(2) by inserting after section 63 the following:
"SEC. 64. "22 USC 2595b-1" IMPROVING CONGRESSIONAL OVERSIGHT OF
ON-SITE INSPECTION ACTIVITIES.
"(a) REPORT FROM THE PRESIDENT. -- Concurrent with the submission to
the Congress of the request for authorization of appropriations for OSIA
for fiscal year 1993, the President shall submit a report on OSIA to the
Committee on Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committees on
Armed Services of the House of Represedntatives and Senate. The report
shall include a review of --
"(1) the history of OSIA, including how, when, and under what
auspices it was established, including the applicable texts of the
relevant executive orders;
"(2) the missions and tasks assigned to OSIA to date;
"(3) any additional missions and tasks likely to be assigned to
OSIA during fiscal year 1993;
"(4) the budgetary history of OSIA; and
"(5) the extent to which OSIA plays a role in arms control
policy formulation and operational implementation.
"(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS. -- Any
notification submitted to the Congress with respect to a proposed
transfer, reprogramming, or reallocation of funds from or within the
budget of OSIA shall also be submitted to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate, and shall be subject to review by those
committees.".
Approved December 12, 1991.
LEGISLATIVE HISTORY -- H.R. 3807 (S. 1987):
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 19, considered and
passed House. Nov. 25, considered and passed Senate, amended. Nov. 26,
House concurred in Senate amendments with amendments. Nov. 27, Senate
concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
12, Presidential statement.
Public Law 102-227, 105 Stat. 1686
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) SHORT TITLE. -- This Act "26 USC 1 note" may be cited as the
"Tax Extension Act of 1991".
(b) AMENDMENT OF 1986 CODE. -- 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 the Internal Revenue Code of 1986.
SEC. 101. ALLOCATION OF RESEARCH AND EXPERIMENTAL EXPENDITURES.
(a) EXTENSION. -- Paragraph (5) of section 864(f) (relating to
allocation of research and experimental expenditures) is amended to read
as follows:
"(5) YEARS TO WHICH RULE APPLIES. --
"(A) IN GENERAL. -- This subsection shall apply to the
taxpayer's first 3 taxable years beginning after August 1, 1989,
and on or before August 1, 1992.
"(B) REDUCTION. -- Notwithstanding subparagraph (A), in the
case of the taxpayer's first taxable year beginning after August
1, 1991, this subsection shall only apply to qualified research
and experimental expenditures incurred during the first 6 months
of such taxable year."
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "26 USC
864 note" shall apply to taxable years beginning after August 1, 1989.
SEC. 102. RESEARCH CREDIT.
(a) EXTENSION. -- Subsection (h) of section 41 (relating to credit
for increasing research activities) is amended --
(1) by striking "December 31, 1991" each place it appears and
inserting "June 30, 1992", and
(2) by striking "January 1, 1992" each place it appears and
inserting "July 1, 1992".
(b) CONFORMING AMENDMENT. -- Subparagraph (D) of section 28(b)(1) is
amended by striking "December 31, 1991" and inserting "June 30, 1992".
(c) EFFECTIVE DATE. -- The amendments made by this section "26 USC
28 note" shall apply to taxable years ending after December 31, 1991.
SEC. 103. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE.
(a) EXTENSION. --
(1) IN GENERAL. -- Subsection (d) of section 127 (relating to
educational assistance programs) is amended by striking "December
31, 1991" and inserting "June 30, 1992".
(2) SPECIAL RULE. -- In the case of any taxable year beginning
in 1992, only amounts paid before July 1, 1992, by the employer
for educational assistance for the employee shall be taken into
account in determining the amount excluded under section 127 "26
USC 127 note" of the Internal Revenue Code of 1986 with respect to
such employee for such taxable year.
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC
127 note" shall apply to taxable years beginning after December 31,
1991.
SEC. 104. EMPLOYER-PROVIDED GROUP LEGAL SERVICES PLANS.
(a) EXTENSION. --
(1) IN GENERAL. -- Subsection (e) of section 120 (relating to
amounts received under qualified group legal services plans) is
amended by striking "December 31, 1991" and inserting "June 30,
1992".
(2) SPECIAL RULE. -- In the case of any taxable year beginning
in 1992, only amounts paid before July 1, 1992, by the employer
for coverage for the employee, his spouse, or his dependents,
under a qualified group legal services plan for periods before
July 1, 1992, shall be taken into account in determining the
amount excluded under section 120 of the Internal Revenue Code of
1986 with respect to such employee for such taxable year.
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC
120 note" shall apply to taxable years beginning after December 31,
1991.
SEC. 105. TARGETED JOBS CREDIT.
(a) IN GENERAL. -- Paragraph (4) of section 51(c) (relating to
termination) is amended by striking "December 31, 1991" and inserting
"June 30, 1992".
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC 51
note" shall apply to individuals who begin work for the employer after
December 31, 1991.
SEC. 106. ENERGY INVESTMENT CREDIT FOR SOLAR AND GEOTHERMAL
PROPERTY.
Subparagraph (B) of section 48(a)(2) (relating to energy percentage)
is amended by striking "December 31, 1991" and inserting "June 30,
1992".
SEC. 107. LOW-INCOME HOUSING CREDIT.
(a) EXTENSION. --
(1) Paragraph (1) of section 42(o) is amended --
(A) by striking ", for any calendar year after 1991",
(B) by inserting before the comma at the end of subparagraph
(A) "to any amount allocated after June 30, 1992", and
(C) by striking "1991" in subparagraph (B) and inserting "June
30, 1992".
(2) Paragraph (2) of section 42(o) is amended --
(A) by striking "1992" each place it appears and inserting
"July 1, 1992",
(B) by striking "December 31, 1991" in subparagraph (B) and
inserting "June 30, 1992",
(C) by striking "December 31, 1993" in subparagraph (B) and
inserting "June 30, 1994", and
(D) by striking "January 1, 1994" in subparagraph (C) and
inserting "July 1, 1994".
(b) EFFECTIVE DATE. -- The amendments made by this section "26 USC
42 note" shall apply to calendar years after 1991.
SEC. 108. QUALIFIED MORTGAGE BONDS.
(a) IN GENERAL. -- Subparagraph (B) of section 143(a)(1) (defining
qualified mortgage bond) is amended by striking "December 31, 1991" each
place it appears and inserting "June 30, 1992".
(b) MORTGAGE CREDIT CERTIFICATES. -- Subsection (h) of section 25
(relating to interest on certain home mortgages) is amended by striking
"December 31, 1991" and inserting "June 30, 1992".
(c) EFFECTIVE DATES. --
(1) BONDS. -- The amendment made by subsection (a) "26 USC 143
note" shall apply to bonds issued after December 31, 1991.
(2) CERTIFICATES. -- The amendment made by subsection (b) "26
USC 25 note" shall apply to elections for periods after December
31, 1991.
SEC. 109. QUALIFIED SMALL ISSUE BONDS.
(a) IN GENERAL. -- Subparagraph (B) of section 144(a)(12) (relating
to termination dates) is amended by striking "December 31, 1991" and
inserting "June 30, 1992".
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC
144 note" shall apply to bonds issued after December 31, 1991.
SEC. 110. HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) EXTENSION. --
(1) IN GENERAL. -- Paragraph (6) of section 162(l) (relating
to special rules for health insurance costs of self-employed
individuals) is amended by striking "December 31, 1991" and
inserting "June 30, 1992".
(2) "26 USC 162 note" SPECIAL RULE. -- In the case of any
taxable year beginning in 1992 --
(A) only amounts paid before July 1, 1992, by the individual
for insurance coverage for periods before July 1, 1992, shall be
taken into account in determining the amount deductible under
section 162(l) of the Internal Revenue Code of 1986 with respect
to such individual for such taxable year, and
(B) for purposes of subparagraph (A) of section 162(l)(2) of
such Code, the amount of the earned income described in such
subparagraph taken into account for such taxable year shall be the
amount which bears the same ratio to the total amount of such
earned income as the number of months in such taxable year ending
before July 1, 1992, bears to the number of months in such taxable
year.
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC
162 note" shall apply to taxable years beginning after December 31,
1991.
SEC. 111. EXPENSES FOR DRUGS FOR RARE CONDITIONS.
(a) IN GENERAL. -- Subsection (e) of section 28 (relating to
clinical testing expenses for certain drugs for rare diseases or
conditions) is amended by striking "December 31, 1991" and inserting
"June 30, 1992".
(b) EFFECTIVE DATE. -- The amendment made by this section "26 USC 28
note" shall apply to taxable years ending after December 31, 1991.
SEC. 112. CHARITABLE CONTRIBUTIONS OF APPRECIATED PROPERTY.
Subparagraph (B) of section 57(a)(6) (relating to appreciated
property charitable deduction) is amended by adding at the end thereof
the following new sentence: "In the case of a contribution made before
July 1, 1992, in a taxable year beginning in 1992, such term shall not
include any tangible personal property."
SEC. 201. TEMPORARY INCREASE IN AMOUNT OF CORPORATE ESTIMATED TAX
PAYMENTS.
(a) GENERAL RULE. -- Subsection (d) of section 6655 (relating to
amount of required installment) is amended by adding at the end thereof
the following new paragraph:
"(3) TEMPORARY INCREASE IN AMOUNT OF INSTALLMENT BASED ON
CURRENT YEAR TAX. -- In the case of any taxable year beginning
after 1991 and before 1997 --
"(A) Paragraph (1)(B)(i) and subsection (e)(3)(A)(i) shall be
applied by substituting for '90 percent' each place it appears the
current year percentage determined under the following table:
"(B) Appropriate adjustments to the table contained in
subsection (e)(2)(B)(ii) shall be made to reflect the provisions
of subparagraph (A)."
(b) CONFORMING AMENDMENT. -- Paragraph (1) of section 6655(e) is
amended by striking "modified by subsection (d)(2)" and inserting
"modified by paragraphs (2) and (3) of subsection (d)".
(c) EFFECTIVE DATE. -- The amendments made by subsection (a) "26 USC
6655 note" shall apply to taxable years beginning after December 31,
1991.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3909 (S. 2042):
HOUSE REPORTS: No. 102-377 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-226, 105 Stat. 1685
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 668dd note" DESIGNATION OF AREA KNOWN AS RANCHO
LA BAHIA AS THE "MYRTLE FOESTER WHITMIRE DIVISION OF THE ARANSAS
NATIONAL WILDLIFE REFUGE".
(a) DESIGNATION. -- Upon acquisition by the United States Fish and
Wildlife Service, the area in Calhoun County, Texas, commonly known as
Rancho La Bahia shall be known and designated as the "Myrtle Foester
Whitmire Division of the Aransas National Wildlife Refuge".
(b) LEGAL REFERENCES. -- A reference in any law, map, regulation,
document, or record of the United States to the area referred to in
subsection (a) is deemed to be a reference to the "Myrtle Foester
Whitmire Division of the Aransas National Wildlife Refuge".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 2105:
HOUSE REPORTS: No. 102-249 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 15, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-225, 105 Stat. 1682
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. STONES RIVER NATIONAL BATTLEFIELD BOUNDARY CHANGE.
The Act entitled "An Act to amend the boundaries of Stones River
National Battlefield, Tennessee, and for other purposes", approved
December 23, 1987 (101 Stat. 1433), is amended as follows:
(1) In the first sentence of section 1(a) "16 USC 426n" strike
"numbered 327/80,001, and dated March 1987" and insert "numbered
327/80,004B, and dated November 1991".
(2) In section 1(b), insert "(1)" after "LANDS. -- ", and add
at the end thereof the following:
"(2)(A) Before acquiring any lands under this Act where the surface
of such lands has been substantially disturbed or which are believed by
the Secretary to contain hazardous substances, the Secretary shall
prepare a report on the potential hazardous substances associated with
such lands and the estimated cost of restoring such lands, together with
a plan of the remedial measures necessary to allow acquisition of such
lands to proceed in a timely manner, consistent with the requirements of
subparagraph (B). The Secretary shall submit such report to the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Interior and Insular Affairs of the United States
House of Representatives.
"(B) The Secretary shall not acquire any lands under this Act if the
Secretary determines that such lands, or any portion thereof, have
become contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601)).
"(3)(A) Except for property which the Secretary determines to be
necessary for the purposes of administration, development, access, or
public use, an owner of improved property which is used solely for
noncommercial residential purposes on the date of its acquisition by the
Secretary may retain, as a condition of such acquisition, a right of use
and occupancy of the property for such residential purposes. The right
retained may be for a definite term which shall not exceed 25 years or,
in lieu thereof, for a term ending at the death of the owner or the
death of the spouse, whichever is later. The owner shall elect the term
to be retained. The Secretary shall pay the owner the fair market value
of the property on the date of such acquisition, less the fair market
value of the term retained by the owner.
"(B) Any right of use and occupancy retained pursuant to this section
may, during its existence, be conveyed or transferred, but all rights of
use and occupancy shall be subject to such terms and conditions as the
Secretary deems appropriate to assure the use of the property in
accordance with the purposes of this Act. Upon his determination that
the property, or any portion thereof, has ceased to be so used in
accordance with such terms and conditions, the Secretary may terminate
the right of use and occupancy by tendering to the holder of such right
an amount equal to the fair market value, as of the date of the tender,
of that portion of the right which remains unexpired on the date of
termination.
"(C) This paragraph applies only to owners who have reached the age
of majority.
"(D) As used in this paragraph, the term 'improved property' means a
detached, year-round noncommercial residential dwelling, the
construction of which was begun before the date of enactment of this
paragraph, together with so much of the land on which the dwelling is
situated, such land being in the same ownership as the dwelling, as the
Secretary shall designate to be reasonably necessary for the enjoyment
of the dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.".
(3) Section 2 is amended to read as follows:
"SEC. 2. "16 USC 426o" AGREEMENT.
"The Secretary is authorized to enter into an agreement with the city
of Murfreesboro, Tennessee, containing each of the following provisions
--
"(1) If the city agrees to acquire sufficient interest in land
to construct a trail linking the battlefield with Fortress
Rosecrans, to construct such trail, and to operate and maintain
the trail in accordance with standards approved by the Secretary,
the Secretary shall (A) transfer to the city the funds available
to the Secretary for the acquisition of such lands and for the
construction of the trail, and (B) provide technical assistance to
the city and to Rutherford County for the purpose of development
and planning of the trail.
"(2) The Secretary shall agree to accept the transfer by
donation from the city of the remnants of Fortress Rosecrans at
Old Fort Park, and following such transfer, to preserve and
interpret the fortress as part of the battlefield.
"(3) In administering the Fortress Rosecrans, the Secretary is
authorized to enter a cooperative agreement with the city of
Murfreesboro, Tennessee, for the rendering, on a nonreimbursable
basis, of rescue, firefighting, and law enforcement services and
cooperative assistance by nearby law enforcement and fire
preventive agencies.".
(4) Redesignate section 3 as section 4, "16 USC 426p" and
insert the following new section after section 2:
"SEC. 3. "16 USC 426o-1" PLANNING.
"(a) PREPARATION OF PLAN FOR REDOUBT BRANNAN. -- The Secretary
shall, on or before February 1, 1992, prepare a plan for the
preservation and interpretation of Redoubt Brannan.
"(b) UPDATE OF GENERAL MANAGEMENT PLAN. -- The Secretary shall, on
or before March 31, 1993, update the General Management Plan for the
Stones River National Battlefield.
"(c) TECHNICAL ASSISTANCE. -- The Secretary is authorized to provide
technical assistance to the city and to Rutherford County in the
development of zoning ordinances and other land use controls that would
help preserve historically significant areas adjacent to the
battlefield.
"(d) MINOR BOUNDARY REVISIONS. -- If the planning activities
conducted under subsections (a) and (b) of this section show a need for
minor revisions of the boundaries indicated on the map referred to in
section 1 of this Act, the Secretary may, following timely notice in
writing to the Committee on Interior and Insular Affairs of the United
States House of Representatives and to the Committee on Energy and
Natural Resources of the United States Senate of his intention to do so
and providing an opportunity for public comment, make such minor
revisions by publication of a revised boundary map or other description
in the Federal Register.".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3881:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-224, 105 Stat. 1680
Whereas on Sunday morning, December 7, 1941, at 7:55 a.m., the first
wave of dive and high level bombers from the Imperial Japanese Combined
Fleet attacked Hickam and Wheeler Airfields in the United States
territory of Hawaii;
Whereas the first bombs fell on Ford Island at Pearl Harbor;
Whereas American fighter planes were strafed and destroyed on the
ground at Pearl Harbor, Hickam Airfield, Kaneohe Naval Air Station,
Bellows Airfield, Ewa Marine Corps Air Station, Schofield Barracks, and
Wheeler Airfield;
Whereas the United States Pacific Fleet was devastated, but its
carriers were still afloat, and Pearl Harbor's shipyards, fuel storage
area, and submarine base remarkably suffered very little damage;
Whereas Federal civilian employees responded magnificently that
fateful morning and met their country's call to duty with distinction
and valor;
Whereas Federal civilian employees were instrumental in the
remarkable salvage effort to raise and repair several of the naval
vessels that were put back in action before the end of World War II;
Whereas of the 2,403 Americans killed in connection with the attack
on Pearl Harbor, 68 were civilians, and of the 1,178 Americans wounded
in connection with the attack, 35 were civilians;
Whereas Federal civilian employees exhibited the highest sense of
patriotism and exemplary performance at Pearl Harbor and during World
War II;
Whereas on December 4, 1991, ceremonies coordinated by the National
Park Service will be held in the State of Hawaii to recognize the
contributions of Federal civilian employees; and
Whereas we should honor these distinguished individuals during the
commemoration of the fiftieth anniversary of the attack on Pearl Harbor:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 4, 1991, is
designated as "Federal Civilian Employees Remembrance Day". The
President is authorized and requested to issue a proclamation calling
upon the people of the United States to observe such day with
appropriate ceremonies and activities recognizing the important
contributions Federal civilian employees provided during the attack on
Pearl Harbor and during World War II, and thanking such dedicated and
committed individuals for their sacrifice and devotion to their country.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- S.J. Res. 198:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 22, considered and
passed Senate. Nov. 26, considered and passed House.
Public Law 102-223, 105 Stat. 1678
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding the
provisions of section 106 of title 49, "49 USC 106 note" United States
Code, or any other provision of law, the President, acting by and with
the advice and consent of the Senate, is authorized to appoint Major
General Jerry Ralph Curry to the Office of Administrator of the Federal
Aviation Administration. Major General Curry's appointment to,
acceptance of, and service in that Office shall in no way affect the
status, rank, and grade which he shall hold as an officer on the retired
list of the United States Army, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such status,
office, rank, or grade, except to the extent that subchapter IV of
chapter 55 of title 5, United States Code, affects the amount of retired
pay to which he is entitled by law during his service as Administrator.
So long as he serves as Administrator, Major General Curry shall receive
the compensation of that Office at the rate which would be applicable if
he were not an officer on the retired list of the United States Army,
shall retain the status, rank, and grade which he now holds as an
officer on the retired list of the United States Army, shall retain all
emoluments, perquisites, rights, privileges, and benefits incident to or
arising out of such status, office, rank, or grade, and shall in
addition continue to receive the retired pay to which he is entitled by
law, subject to the provisions of subchapter IV of chapter 55 of title
5, United States Code.
SEC. 2. In the performance of his duties as Administrator of the
Federal Aviation Administration, Major General Curry shall be subject to
no supervision, control, restriction, or prohibition (military or
otherwise) other than would be operative with respect to him if he were
not an officer on the retired list of the United States Army.
SEC. 3. Nothing in this Act shall be construed as approval by the
Congress of any future appointments of military persons to the Office of
Administrator of the Federal Aviation Administration.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- S. 2098:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed Senate and House.
Public Law 102-222, 105 Stat. 1677
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. HEALTH EDUCATION ASSISTANCE LOANS.
Notwithstanding section 728(a) of the Public Health Service Act (42
U.S.C. 294a(a)), "42 USC 294a note" or any other provision of law,
Federal loan insurance may be provided under subpart I of part C of
title VII of the Public Health Service Act for loans to new and previous
borrowers under such subpart in fiscal year 1992. With respect to
fiscal year 1992, the ceiling referred to in such section 728(a) shall
be $290,000,000, as provided for in the Act entitled "An Act making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending
September 30, 1992, and for other purposes.
SEC. 2. PILOT PROGRAM IN CLINICAL PHARMACOLOGY.
(a) ESTABLISHMENT. -- The Commissioner of Food and Drugs is
authorized to award through a competitive bid process a grant for a
pilot program for the training of individuals in clinical pharmacology
at an appropriate medical school without such a program. Such grant
shall be for the purpose of evaluating the extent to which such a
program can contribute to an identifiable increase in the number of
trained biomedical, scientific personnel in clinical pharmacology.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for fiscal years 1992 through 1996 $750,000 for each fiscal
year to carry out this section.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- S. 2050:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 25, considered and
passed Senate. Nov. 26, considered and passed House, amended. Senate
concurred in House amendment.
Public Law 102-221, 105 Stat. 1676
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT OF JAMES MADISON MEMORIAL FELLOWSHIP ACT.
The James Madison Memorial Fellowship Act (20 U.S.C. 4501 et seq.) is
amended --
(1) in subsection (b) of section 803, "20 USC 4502" by adding
at the end the following new paragraph:
"(3) A member of the Board whose term has expired may continue
to serve until the earlier of --
"(A) the date on which a successor has taken office; or
"(B) the date on which the Congress adjourns sine die to end
the session of Congress that commences after the date on which the
member's term expired."; and
(2) in subsection (a) of section 811 "20 USC 4510" --
(A) in paragraph (1) --
(i) by striking "an other" and inserting "and other"; and
(ii) by striking "(1)"; and
(B) by striking paragraph (2).
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3932:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House and Senate.
Public Law 102-220, 105 Stat. 1674
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 "16 USC 539h note" may be cited as the "Greer Spring
Acquisition and Protection Act of 1991".
SEC. 2. "16 USC 539h note" ACQUISITION OF THE DENNIG TRACT.
(a) The Secretary of Agriculture (hereinafter referred to as the
"Secretary") is hereby authorized and directed, subject to
appropriations, to acquire all of the lands, waters, and interests
therein, on a willing seller basis only, within the area generally
depicted on a map entitled "Dennig Tract", dated November 5, 1991
(hereinafter referred to as "the map"). The map, together with a legal
description of such lands, shall be on file and available for public
inspection in the offices of the Forest Service, Department of
Agriculture. The boundaries of the Mark Twain National Forest are
hereby modified to include the area denoted "Dennig Property Outside of
National Forest Boundary" on the map. Such map and legal description
shall have the same force and effect as if included in this Act, except
that the correction of clerical and typographical errors in such map and
legal description may be made by the Secretary.
(b) Such modified boundaries shall be considered as the boundaries in
existence as of January 1, 1965, for the purposes of section 7 of the
Land and Water Conservation Fund Act (16 U.S.C. 4601-9).
SEC. 3. "16 USC 539h note" ELEVEN POINT WILD AND SCENIC RIVER.
The Secretary shall manage the lands, waters, and interests therein
within the area referred to on the map as "The Eleven Point Wild and
Scenic Corridor" (hereinafter referred to as "the corridor"), pursuant
to the provisions of the Wild and Scenic Rivers Act (16 U.S.C.
1271-1287). Lands acquired pursuant to section 2 of this Act within the
corridor shall not be counted against the average
one-hundred-acre-per-mile fee limitation of Section 6(a)(1) of the Wild
and Scenic Rivers Act, nor shall such lands outside the corridor be
subject to the provisions of Section 6(a)(2) of the Wild and Scenic
Rivers Act.
SEC. 4. "16 USC 539h" GREER SPRING SPECIAL MANAGEMENT AREA.
(a) OBJECTIVES AND ESTABLISHMENTS. -- In order to provide for public
outdoor recreation use, including fishing and hunting, in a natural
setting, and the enjoyment of certain areas within the Mark Twain
National Forest, to protect those areas' natural, archaeological, and
scenic resources, and to provide for appropriate resource management of
those areas, there is hereby established the Greer Spring Special
Management Area (hereinafter referred to as "the special management
area"). The Secretary shall manage the special management area in
accordance with this Act, and with provisions of law generally
applicable to units of the National Forest System to the extent
consistent with this Act.
(b) AREA INCLUDED. -- The special management area shall consist of
lands, waters, and interests therein within the area referred to on the
map as "The Greer Spring Special Management Area". The Secretary is
authorized to make minor revisions to the boundary of the special
management area.
(c) TIMBER HARVESTING. -- The Secretary shall permit the harvesting
of timber within the special management area only in those cases where,
in the judgment of the Secretary, the harvesting of timber is required
in order to control insects or disease, for public safety, for salvage
sales, or to accomplish the objectives of the special management area as
described in subsection (a). To the extent practicable, timber
harvesting shall be conducted only by the individual tree selection
method.
(d) HUNTING AND FISHING. -- The Secretary shall permit hunting and
fishing on lands and waters within the special management area in
accordance with applicable Federal and State law.
(e) MINING AND MINERAL LEASING. -- Subject to valid, existing
rights, lands within the special management areas are withdrawn from
location, entry, and patent under the mining laws of the United States,
and from the operation of the mineral and geothermal leasing laws of the
United States.
(f) VEHICULAR ACCESS. -- The Secretary shall construct and maintain
only those roads within the special management area and corridor which
are indicated on the map: Provided, That the Secretary shall provide
access to such roads, or to timber harvesting pursuant to subsection
(c), in such a manner as to minimize environmental impact.
SEC. 5. "16 USC 539h note" APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3604:
HOUSE REPORTS: No. 102-346, Pt. 1 (Comm. on Agriculture) and Pt. 2
(Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 22, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-219, 105 Stat. 1673
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION.
Section 17(a) of the Pennsylvania Avenue Development Corporation Act
of 1972 (86 Stat. 1266, 40 U.S.C. 885(a)) is amended by striking out all
that follows "1991;" and inserting in lieu thereof the following: "and
$2,807,000 for the fiscal year 1992.".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3387:
HOUSE REPORTS: No. 102-286 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-229 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 5, considered and passed
House. Nov. 26, considered and passed Senate.
Public Law 102-218, 105 Stat. 1671
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHIEF MINORITY AFFAIRS OFFICER.
(a) CHIEF MINORITY AFFAIRS OFFICER. -- Chapter 3 of title 38, United
States Code, is amended by adding at the end the following new section:
"Section 317. Chief Minority Affairs Officer
"(a) The Secretary shall designate one of the Assistant Secretaries
of the Department as the Chief Minority Affairs Officer of the
Department.
"(b) The Chief Minority Affairs Officer shall have the following
duties:
"(1) To investigate and examine the policies, regulations,
programs, and other activities of the Department as they affect
minority group members who are veterans or receive benefits from
the Department.
"(2) To assess the needs of minority group members who are
veterans or who receive benefits from the Department as those
needs relate to the activities of, and benefits provided by, the
Department and to evaluate the manner and extent to which the
activities of, and benefits provided, by the Department fulfill
those needs.
"(3) To advise the Secretary regarding the effect on minority
group members of policies, regulations, programs, and other
activities of the Department and of methods to ensure that
minority group members are afforded an opportunity to participate
fully in the activities and benefits of the Department.
"(4) To carry out any additional functions and activities that
the Secretary prescribes with regard to minority group members who
are veterans or who receive benefits from the Department.
"(c) In this section, the term 'minority group member' means an
individual who is --
"(1) Asian American;
"(2) Black;
"(3) Hispanic;
"(4) Native American (including American Indian, Alaskan
Native, and Native Hawaiian);
"(5) Pacific-Islander American; or
"(6) female.
"(d) Not less than every two years, the Secretary shall submit to the
Congress a report containing a detailed description of any activities
and policies of the Department relating to minority group members who
are veterans or who receive benefits from the Department and the duties
of the Chief Minority Affairs Officer, with respect to the previous
two-year period.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"317. Chief Minority Affairs Officer.".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3327:
HOUSE REPORTS: No. 102-347 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 25, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-217, 105 Stat. 1667
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 "16 USC 460ggg note" may be cited as the "Chattahoochee
National Forest Protection Act of 1991".
SEC. 2. "16 USC 460ggg" WILDERNESS.
(a) DESIGNATION. -- In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131-1136), "16 USC 1132 note" the following lands in the
State of Georgia are hereby designated as wilderness and therefore as
components of the National Wilderness Preservation System:
(1) Certain lands in the Chattahoochee National Forest,
Georgia, which comprise approximately 7,800 acres, as generally
depicted on a map entitled "Blood Mountain Wilderness --
Proposed", dated October 1991, and which shall be known as Blood
Mountain Wilderness.
(2) "16 USC 1132 note" Certain lands in the Chattahoochee
National Forest, Georgia, which comprise approximately 16,880
acres, as generally depicted on a map entitled "Chattahoochee
Headwaters Wilderness -- Proposed", dated July 1991, and which
shall be known as Mark Trail Wilderness.
(3) Certain lands in the Chattahoochee National Forest,
Georgia, which comprise approximately 1,160 acres, as generally
depicted on a map entitled "Brasstown Wilderness Addition --
Proposed", dated July 1991, and which is hereby incorporated in
and shall be part of the Brasstown Wilderness as designated by
section 2(2) of the Georgia Wilderness Act of 1986 (100 Stat.
3129).
(b) ADMINISTRATION. -- 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 that 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. 3. "16 USC 460ggg-1" NATIONAL SCENIC AREA.
(a) DESIGNATION AND PURPOSES. -- For the purposes of protecting and
enhancing the natural beauty, special ecological features, watershed
integrity, mature-forest habitat, scenic recreation opportunities and
other distinctive values of certain lands in Georgia, the lands in the
Chattahoochee National Forest, Georgia, which comprise approximately
7,100 acres, as generally depicted on a map entitled "Coosa Bald Scenic
Area -- Proposed", dated July 1991, are designated as a national scenic
area and shall be known as the Coosa Bald National Scenic Area
(hereafter in this section referred to as the "scenic area").
(b) ADMINISTRATION. -- (1) Subject to valid existing rights, the
Secretary shall administer the scenic area in accordance with the laws,
rules, and regulations applicable to the National Forest System in such
a way as to further the purposes of this section.
(2) The Secretary may permit additional road construction in the
scenic area in furtherance of the purposes for which the scenic area is
established. Except as provided in this section, the Secretary may not
conduct timber harvesting in the scenic area. The Secretary may remove
timber in the scenic area in furtherance of this section, but only in a
manner which does not impair the purposes for which the scenic area is
established. Salvage or sanitation harvesting of timber stands which
are substantially damaged by fire, windthrow or other catastrophe, or
are in imminent danger from insect or disease attack, is authorized to
maintain forest health. Timber harvesting is authorized to provide for
visitor safety.
(3) By virtue of this designation alone, the Secretary need not
change patterns of public access or closure on existing permanent
national forest development roads. At his discretion, however, the
Secretary may open or close such existing roads for public use for
reasons of sound resource management.
(4) Nothing in this section shall prevent the completion of existing
timber sales under contract.
(5) The scenic area is hereby withdrawn from the operation of all
laws pertaining to mineral leasing.
(6) The Secretary may also permit, in his discretion, the continued
maintenance of existing wildlife openings, in cooperation with the State
of Georgia and other Federal, State, and private cooperators, and may
permit new wildlife openings in furtherance of the purposes for which
the scenic area is established.
(7) The Secretary shall protect, enhance, and promote the public's
opportunities for primitive and semiprimitive experiences in the scenic
area.
SEC. 4. "16 USC 460ggg-2" RECREATION AREA.
(a) DESIGNATION AND PURPOSES. -- For the purposes of ensuring the
protection of certain natural, scenic, fish and wildlife, historic and
archaeological, wildland and watershed values, and providing for the
enhancement of the recreation opportunities associated with these
values, certain lands in the Chattahoochee National Forest, Georgia,
which comprise approximately 23,330 acres, as generally depicted on a
map entitled "Springer Mountain National Recreation Area -- Proposed",
dated October 1991, are hereby designated as a national recreation area
and shall be known as Springer Mountain National Recreation Area
(hereafter in this section referred to as the "recreation area").
(b) ADMINISTRATION. -- (1) Subject to valid existing rights, the
Secretary shall administer the recreation area in accordance with the
laws, rules, and regulations applicable to the national forests in such
a way as to further the purposes of this section. Except as provided in
this section, the Secretary may not conduct timber harvesting in the
recreation area. The Secretary may remove timber in the recreation area
in furtherance of this section, but only in a manner which does not
impair the purposes for which the recreation area is established.
Salvage or sanitation harvesting of timber stands which are
substantially damaged by fire, windthrow or other catastrophe, or are in
imminent danger from insect or disease attack, is authorized to maintain
forest health. Timber harvesting is authorized to provide for visitor
safety.
(2) Nothing in this section shall prevent the completion of existing
timber sales under contract. The Secretary may permit additional road
construction in the area in furtherance of the purposes for which the
recreation area is established.
(3) By virtue of the designation under this section, the Secretary
need not change patterns of public access or closure on existing
permanent national forest development roads. At his discretion,
however, the Secretary may open or close such existing roads to public
use for reasons of sound resource management.
(4) Lands within the recreation area are hereby withdrawn from the
operation of all laws pertaining to mineral leasing.
(5) The Secretary may permit, in his discretion, the continued
maintenance of existing wildlife openings, in cooperation with the State
of Georgia and other Federal, State, and private cooperators, and may
permit new wildlife openings in furtherance of the purposes for which
the recreation area is established.
(6) The Secretary shall protect, enhance, and promote the public's
opportunities for primitive and semiprimitive recreation in the
recreation area.
(7) Designation by this section shall not interfere with rights of
access to privately held lands.
SEC. 5. "16 USC 460ggg-3" MAPS AND LEGAL DESCRIPTIONS.
As soon as practicable after the date of enactment of this Act, the
Secretary of Agriculture shall file a map and a legal description of
each area designated by this Act with the Committee on Interior and
Insular Affairs and the Committee on Agriculture of the House of
Representatives and with the Committee on Agriculture, Nutrition, and
Forestry 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 and typographical errors in 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. 6. "16 USC 460ggg note" SAVINGS CLAUSE.
Privately held lands within the areas designated by this Act will not
be administered as wilderness, a national scenic area, or a national
recreation area, as appropriate, unless such lands are acquired by the
Secretary.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3245:
HOUSE REPORTS: No. 102-345, Pt. 1 (Comm. on Interior and Insular
Affairs) and Pt. 2 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-216, 105 Stat. 1666
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 10(b) of
the Act entitled "An Act to provide standards for placement of
commemorative works on certain Federal lands in the District of Columbia
and its environs, and for other purposes" (40 U.S.C. 1010(b)) is amended
by striking out "five-year period" and inserting in lieu thereof
"seven-year period".
SEC. 2. "40 USC 1010 note" EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1, 1991.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3169:
HOUSE REPORTS: No. 102-257 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-211 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 21, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-215, 105 Stat. 1664
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 "16 USC 1271 note" may be cited as the "White Clay Creek
Study Act".
SEC. 2. FINDINGS.
Congress finds that --
(1) the White Clay Creek watershed is one of only a few
relatively undisturbed areas remaining within one of the most
densely populated areas in the country;
(2) the Creek and several of its tributaries were placed on the
Nationwide Rivers Inventory List by the National Park Service for
initially meeting the criteria of the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.);
(3) the concerns and interests of those people who live, work,
and recreate within the watershed will be reflected in the
development of a study and management plan by the Secretary of the
Interior pursuant to this Act; and
(4) the conservation of the watershed, and its outstanding
natural, cultural, and recreational values, is important to the
residents within the watershed and to the residents within the
surrounding suburban and urban areas of Delaware and Pennsylvania.
SEC. 3. STUDY RIVER DESIGNATION.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended by adding at the end the following new paragraph:
"(112) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA. -- The
headwaters of the river in Pennsylvania to its confluence with the
Christina River in Delaware, including the East, West, and Middle
Branches, Middle Run, Pike Creek, Mill Creek, and other main branches
and tributaries as determined by the Secretary of the Interior (herein
after referred to as the White Clay Creek).".
SEC. 4. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.s.C. 1276(b)) is
amended by adding at the end the following new paragraph:
"(11)(A) The study of the White Clay Creek in Delaware and
Pennsylvania shall be completed and the report submitted not later than
3 years after the date of enactment of this paragraph.
"(B) In carrying out the study, the Secretary of the Interior shall
prepare a map of the White Clay Creek watershed in Delaware and
Pennsylvania, and shall develop a recommended management plan for the
White Clay Creek. The plan shall provide recommendations as to the
protection and management of the White Clay Creek, including the role
the State and local governments, and affected landowners, should play in
the management of the White Clay Creek if it is designated as a
component of the National Wild and Scenic Rivers System.
"(C) The Secretary shall prepare the study, including the recommended
management plan, in cooperation and consultation with appropriate State
and local governments, and affected landowners.".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 3012 (S. 1552):
HOUSE REPORTS: No. 102-344 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-233 accompanying S. 1552 (Comm. on Energy
and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-214, 105 Stat. 1663
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 "16 USC 1271 note" may be cited as the "Lamprey River Study
Act of 1991".
SEC. 2. STUDY RIVER DESIGNATION.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended by adding at the end thereof the following new paragraph:
"( ) LAMPREY, NEW HAMPSHIRE. -- The segment from the southern Lee
town line downstream to the confluence with Woodman's Brook at the base
of Sullivan Falls in Durham.".
SEC. 3. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is
amended by adding at the end thereof the following new paragraph:
"(11) The study of the Lamprey River, New Hampshire, shall be
completed by the Secretary of the Interior and the report thereon
submitted not later than 3 years after the date of enactment of this
paragraph.".
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out this Act.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 1099 (S. 461):
HOUSE REPORTS: No. 102-348 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-230 accompanying S. 461 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-213, 105 Stat. 1662
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The United States courthouse located at 120 North Henry Street in
Madison, Wisconsin, shall be known and designated as the "Robert W.
Kastenmeier United States Courthouse".
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the United States courthouse referred to
in section 1 shall be deemed to be a reference to the "Robert W.
Kastenmeier United States Courthouse".
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 948:
HOUSE REPORTS: No. 102-167 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 137 (1991): July 29, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-212, 105 Stat. 1655
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 101. SHORT TITLE.
This title "16 USC 668dd note" may be cited as the "Silvio O. Conte
National Fish and Wildlife Refuge Act".
SEC. 102. FINDINGS.
The Congress finds and declares the following:
(1) The late Silvio Conte was a long-time champion of the
preservation of natural resources, including the Connecticut
River, shepherding through Congress legislation meant to restore
the river and its wildlife to health.
(2) The Connecticut River and its riparian lands are unique
environmental resources which provide habitat for significant
anadromous, migratory, and resident fish; migratory waterfowl;
and other wildlife species, including such threatened or
endangered species as the shortnosed sturgeon and bald eagle.
(3) Federal, State, and local governments have spent over
$600,000,000 to clean up the Connecticut River and improve the
quality of its fish and wildlife habitat, resulting in the
reestablishment or improvement of the populations of many species
such as the Atlantic salmon, American shad, bald eagle, and
peregrine falcon.
(4) The Connecticut River valley is home to over two million
people, and accordingly the river and riparian lands are of great
value for environmental education and natural resource based
recreation.
(5) The Connecticut River valley is threatened with spoilation,
removal from public access, and ecological downgrading and is a
significant source of energy and means of commerce for New
England.
(6) Despoiling the Connecticut River and its riparian lands
will result in the permanent loss of unique social, educational,
and environmental assets and will devalue the significant Federal,
State and local investments made to clean up the river.
SEC. 103. DEFINITIONS.
For the purposes of this Act --
(1) the term "affected States" means the Commonwealth of
Massachusetts, and the States of Vermont, New Hampshire, and
Connecticut;
(2) the term "refuge" means the Silvio Conte National Fish and
Wildlife Refuge established under section 106 of this Act;
(3) the term "Secretary" means the Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service; and
(4) the term "selection area" means the lands and waters of the
Connecticut River basin, including the main stem of the river and
its tributaries from its source at Fourth Connecticut Lake to Long
Island Sound.
SEC. 104. PURPOSES.
The purposes for which the refuge is established are --
(1) to conserve, protect, and enhance the Connecticut River
valley populations of Atlantic salmon, American shad, river
herring, shortnosed sturgeon, bald eagles, peregrine falcons,
osprey, black ducks, and other native species of plants, fish, and
wildlife;
(2) to conserve, protect, and enhance the natural diversity and
abundance of plant, fish, and wildlife species and the ecosystems
upon which these species depend within the refuge;
(3) to protect species listed as endangered or threatened, or
identified as candidates for listing, pursuant to the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);
(4) to restore and maintain the chemical, physical, and
biological integrity of wetlands and other waters within the
refuge;
(5) to fulfill the international treaty obligations of the
United States relating to fish and wildlife and wetlands; and
(6) to provide opportunities for scientific research,
environmental education, and fish and wildlife-oriented recreation
and access to the extent compatible with the other purposes stated
in this section.
SEC. 105. SELECTION OF LANDS.
Within three years after the date of the enactment of this Act, the
Secretary shall --
(1) consult with appropriate State and local officials,
including those representing State government natural heritage
inventory agencies, the Long Island Sound Management Conference as
established under the National Estuary Program, private
conservation organizations, and other interested parties in
designating the refuge boundaries;
(2) define and designate the refuge boundaries, including all
subunits, within the selection area that would fulfill the
purposes set forth in section 104 of this Act; and
(3) prepare a detailed map depicting the refuge boundaries
designated under paragraph (2), which the Secretary shall keep on
file and available for public inspection at offices of the United
States Fish and Wildlife Service, and publish notice in the
Federal Register of such availability.
SEC. 106. ACQUISITION AND ESTABLISHMENT OF REFUGE.
(a) ACQUISITION. -- To the extent authorized under the Fish and
Wildlife Act of 1956 (16 U.S.C. 742f-a-5), the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460k-4-11), the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the
Migratory Bird Conservation Act (16 U.S.C. 715-715s), the Emergency
Wetlands Resources Act of 1986, as amended (16 U.S.C. 3901 et seq.), the
North American Wetlands Conservation Act (16 U.S.C. 4401-4413), and
other existing laws, the Secretary may acquire for inclusion in the
refuge by purchase or donation such lands and waters or interests
therein (including permanent conservation easements) within the
boundaries defined and designated under section 105 of this Act. All
lands, waters, and interests therein so acquired shall be part of the
refuge.
(b) ESTABLISHMENT. -- When sufficient property within the boundaries
defined and designated under section 105 of this Act have been acquired
to constitute an area that can be effectively managed as a refuge, the
Secretary shall establish the refuge, to be named the "Silvio Conte
National Fish and Wildlife Refuge", by publishing a notice to that
effect in the Federal Register and publications of local circulation.
(c) BOUNDARY REVISIONS. -- The Secretary may make such minor
revisions in the boundaries of the refuge defined and designated under
section 105 of this Act as may be appropriate to carry out the purposes
of this Act or to facilitate the acquisition of property within the
refuge.
(d) INTERIM REPORT TO CONGRESS. -- Within one year of the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works in the United States Senate and the
Committee on Merchant Marine and Fisheries in the United States House of
Representatives a report describing those lands and waters that the
Secretary proposes to acquire under the Fish and Wildlife Act of 1956
(16 U.S.C. 742f-a-5), the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460k-4-11), the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Migratory Bird Conservation Act
(16 U.S.C. 715-715s), the Emergency Wetlands Resources Act of 1986, as
amended (16 U.S.C. 3901 et seq.), the North American Wetlands
Conservation Act (16 U.S.C. 4401-4413), and other existing laws for
inclusion in the refuge at a subsequent time. The Secretary also shall
include in the report an estimate of the total number of acres of lands
or waters or interests therein that may be acquired for inclusion within
the refuge boundaries under the authority of this Act and other existing
laws and the approximate cost of such acquisition.
SEC. 107. ADMINISTRATION.
(a) IN GENERAL. -- The Secretary shall administer all lands, waters,
and interests therein acquired under section 106 pursuant to --
(1) the provisions of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee) and the Refuge
Recreation Act (16 U.S.C. 460k-460k-4); and
(2) the purposes for which the refuge is established, as set
forth in section 104 of this Act.
(b) OUTREACH AND EDUCATION. -- The Secretary shall work with,
provide technical assistance to, provide community outreach and
education programs for or with, or enter into cooperative agreements
with private landowners, State and local governments or agencies, and
conservation organizations to further the purposes for which the refuge
is established, as set forth in section 104 of this Act.
(c) USE OF OTHER AUTHORITY. -- The Secretary may utilize such other
statutory authority as may be available to the Secretary for the
conservation and development of wildlife and natural resources, the
development of outdoor recreation opportunities, and interpretative
education, as the Secretary considers appropriate to carry out the
purposes of the refuge as set forth in section 104 of this Act.
SEC. 108. SILVIO CONTE NATIONAL FISH AND WILDLIFE REFUGE ADVISORY
COMMITTEE.
(a) ESTABLISHMENT AND FUNCTIONS. -- Within three months after the
date of enactment of this Act, the Secretary shall establish a committee
to be known as the "Silvio Conte National Fish and Wildlife Refuge
Advisory Committee" (hereinafter referred to as the "Advisory
Committee") which shall assist the Secretary on community outreach and
education programs that further the purposes of the refuge.
(b) MEMBERSHIP TERMS. -- The Advisory Committee shall be composed of
fifteen members, each appointed by the Secretary within three months of
the date of enactment of this Act for a term not to exceed three years,
as follows:
(1) four members, including one from each of the affected
States, to be recommended by the Governor of each State as
representing tbe cities or towns bordering the Connecticut River
and its tributaries;
(2) four members, including one from each of the affected
States, to be recommended by the Governor of each State as
representing State agencies with responsibility for conservation
or water quality programs;
(3) four members, including one from each of the affected
States to be appointed from recommendations made by the Governor
of that affected State, who shall represent nonprofit conservation
organizations or citizen groups with direct interest in the
purposes of the refuge;
(4) one member of the Long Island Sound Management Conference;
and
(5) two members to be designated by the Secretary, including
one who represents the energy and commerce interests associated
with the Connecticut River.
(c) CHAIRMAN. -- The Advisory Committee shall elect one member of
the Advisory Committee to be its chairman.
(d) VACANCIES. -- Any vacancy in the Advisory Committee shall be
filled in the same manner in which the original appointment was made.
(e) COMPENSATION. -- A member of the Advisory Committee shall not
receive any compensation for service on the committee.
(f) MAJORITY VOTE. -- The Advisory Committee shall act by
affirmative vote of a majority of the members thereof.
SEC. 109. INTERPRETATION AND EDUCATION CENTER.
(a) IN GENERAL. -- The Secretary is authorized to construct,
administer, and maintain at appropriate sites within the refuge, or
pursuant to subsection (b) cooperate in the construction, operation and
maintenance at an appropriate site, not more than four aquatic resources
and wildlife interpretation and education centers, known as Silvio Conte
National Fish and Wildlife Refuge Education Centers, along with
administrative facilities, to provide opportunities for the study,
understanding, and enjoyment of aquatic resources and wildlife in its
natural habitats.
(b) COOPERATIVE AGREEMENTS. -- The Secretary is authorized --
(1) to enter agreements to share the construction and operation
of and the land acquisition for the center, including the costs
thereof, with State and local governments and other public and
private entities;
(2) to utilize appropriated or donated funds for construction,
operation and maintenance expenses: Provided, That Federal
interests arising from such expenditures are protected by a
long-term lease, agreement, or transfer of property interest; and
(3) to interpret the Connecticut River's aquatic and wildlife
resources in the context of the region's cultural, geological, and
ecological history.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary such sums as
may be necessary to carry out the purposes of this Act.
SEC. 201. ESTABLISHMENT AND TERMS OF SILVIO O. CONTE MEMORIAL
SCHOLARSHIP FUND.
(a) IN GENERAL. -- In recognition of Silvio O. Conte's longstanding
contribution and devotion to the conservation of our Nation's natural
resources, and his life-long commitment to education, the Director of
the United States Fish and Wildlife Service, hereinafter referred to as
the Director, is authorized to enter into an agreement with the National
Fish and Wildlife Foundation, hereinafter referred to as the Foundation,
and the University of Massachusetts/Amherst, hereinafter referred to as
the University, to establish the Silvio O. Conte Memorial Scholarship
Fund. The purpose of the agreement is to encourage students to enter
the fields of fisheries and wildlife ecology and conservation, natural
resources policy and administration, or ecology by establishing a
scholarship fund at the University.
(b) TERMS OF AGREEMENT. -- Notwithstanding the provisions of the
Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C.
6301-6308), the agreement authorized under subsection (a) of this
section shall direct that the University shall --
(1) establish the Silvio O. Conte Memorial Scholarship Fund for
the purpose of awarding scholarships for a period not exceeding
three years to eligible candidates in advanced degree programs in
the fields of fisheries and wildlife ecology and conservation,
natural resources policy and administration, or ecology;
(2) invest funds provided by the Director, the Foundation and
any other contributors in interest-bearing accounts;
(3) award scholarships annually utilizing the interest
generated from such investment accounts minus the amount equal to
inflation;
(4) match the scholarship awards with in-kind contributions of
equal value, such as waivers of tuition or fees or the provision
of other financial aid;
(5) establish eligibility criteria based upon financial needs,
academic achievement, and potential contribution of the
profession;
(6) announce the availability of the scholarship in a manner
which ensures that it is widely distributed and that minority and
socially-disadvantaged candidates are made aware of the
opportunity;
(7) upon request by the Director, make available the investment
accounts for his inspection; and
(8) prepare and provide to the Director annually a report
regarding the expenditures from the investment accounts which
shall include the number of scholarships awarded, the amount of
each scholarship, and the share of each scholarship provided by
the University.
(c) AUTHORIZATION. -- The Director is authorized to make a one-time
contribution of up to $50,000 to the University to establish the Silvio
O. Conte Memorial Scholarship Fund.
(d) TERMINATION OF AGREEMENT. -- At such time as the parties agree
to terminate the agreement authorized under subsection (a) of this
section, the principle and interest in the account shall be deposited in
the Migratory Bird Conservation Fund.
SEC. 202. WILDLIFE INTERPRETATION AND EDUCATION CENTER.
Title II of Public Law 100-610 is amended by adding at the end the
following new section:
"SEC. 208. "16 USC 668dd note" WILDLIFE INTERPRETATION AND EDUCATION
CENTER.
"(a) The Secretary is authorized to construct, administer, and
maintain at an appropriate site, a wildlife interpretation and education
or visitor center.
"(b) The Secretary is authorized --
"(1) to enter agreements to share the construction and
operation of and the land acquisition for the center, including
the costs thereof, with State and local governments and other
public and private entities;
"(2) to utilize appropriated or donated funds for construction,
operation and maintenance expenses, provided that Federal
interests arising from such expenditures are protected by a
long-term lease, agreement, or transfer of property interest; and
"(3) to interpret the Pettaquamscutt Cove region's aquatic and
wildlife resources in the context of the region's cultural,
geological, and ecological history.".
SEC. 301. HEADQUARTERS FACILITY FOR CULEBRA NATIONAL WILDLIFE
REFUGE.
The headquarters facility and residence for the Culebra National
Wildlife Refuge may be constructed on lands leased from the Commonwealth
of Puerto Rico on a long-term basis.
SEC. 302. COST-SHARING FOR STATE COASTAL WETLANDS GRANTS.
(a) FEDERAL SHARE. -- Section 305(d)(1) of the Coastal Wetlands
Planning, Protection and Restoration Act (16 U.S.C. 3954(d)(1)) is
amended by striking "has established a trust fund, from which the
principal is not spent, for the purpose of acquiring coastal wetlands,
other natural area or open spaces." and inserting in lieu thereof: "has
established and is using one of the following for the purpose of
acquiring coastal wetlands, other natural areas or open spaces:
"(A) a trust fund from which the principal is not spent; or
"(B) a fund derived from a dedicated recurring source of monies
including, but not limited to, real estate transfer fees or taxes,
cigarette taxes, tax check-offs, or motor vehicle license plate
fees.".
(b) EFFECTIVE DATE. -- This section "16 USC 3954 note" shall apply
to grants awarded in fiscal year 1992 and each fiscal year thereafter.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 794:
HOUSE REPORTS: No. 102-58 (Comm. on Merchant Marine and Fisheries).
SENATE REPORTS: No. 102-165 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 137 (1991): May 14, considered and passed
House. Nov. 23, considered and passed Senate, amended. Nov. 25, House
concurred in Senate amendments.
Public Law 102-211, 105 Stat. 1652
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 461 note" PURPOSES.
The purposes of this Act are to --
(1) preserve and interpret the life and work of Mary McLeod
Bethune;
(2) preserve and interpret the history, lives, and
contributions of African American women; and
(3) preserve and interpret the struggle for civil rights in the
United States of America.
SEC. 2. "16 USC 461 note" ACQUISITION.
The Secretary of the Interior (hereinafter in this Act referred to as
the "Secretary") may acquire, with the consent of the owner thereof, by
donation or by purchase with donated or appropriated funds, the property
designated under the Act of October 15, 1982 (Public Law 97-329; 96
Stat. 1615), as the Mary McLeod Bethune Council House National Historic
Site, located at 1318 Vermont Avenue, N.W., Washington, D.C., together
with such structures and improvements thereon and such personal property
associated with the site as he deems appropriate for interpretation of
the site.
SEC. 3. "16 USC 461 note" ADMINISTRATION.
(a) IN GENERAL. -- Upon acquisition of the property described in
section 2, the cooperative agreement referred to in section 3 of the Act
of October 15, 1982 (Public Law 97-329; 96 Stat. 1615) shall cease to
have any force and effect, and upon acquisition of such property, the
Secretary shall administer the Mary McLeod Bethune Council House
National Historic Site (hereinafter in this Act referred to as the
"historic site") in accordance with this Act and in accordance 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, 2-4) and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461-467).
(b) COOPERATIVE AGREEMENT. -- (1) The Secretary is authorized and
directed to enter into a cooperative agreement with nonprofit
organizations dedicated to preserving and interpreting the life and work
of Mary McLeod Bethune and the history and contributions of African
American women --
(A) to provide to the public such programs, seminars, and
lectures as are appropriate to interpret the life and work of Mary
McLeod Bethune and the history and contributions of African
American women, and
(B) to administer the archives currently located at the
historic site, including providing reasonable access to the
archives by scholars and other interested parties.
(2) The Secretary is authorized to provide space and administrative
support for such nonprofit organization.
(c) MANAGEMENT AND DEVELOPMENT. -- The historic site shall be
operated and managed in accordance with a General Management Plan. The
Advisory Commission appointed under section 4 shall fully participate in
an advisory capacity with the Secretary in the development of the
General Management Plan for the historic site. The Secretary and the
Advisory Commission shall meet and consult on matters relating to the
management and development of the historic site as often as necessary,
but at least semiannually.
SEC. 4. "16 USC 461 note" ADVISORY COMMISSION.
(a) ESTABLISHMENT. -- There is hereby established the Mary McLeod
Bethune Council House National Historic Site Advisory Commission
(hereinafter in this Act referred to as the "Commission"). The
Commission shall carry out the functions specified in section 3(c) of
this Act.
(b) MEMBERSHIP. -- The Commission shall be composed of 15 members
appointed by the Secretary for 4-year terms as follows:
(1) 3 members appointed from recommendations submitted by the
National Council of Negro Women, Inc.
(2) 2 members appointed from recommendations submitted by other
national organizations in which Mary McLeod Bethune played a
leadership role.
(3) 2 members appointed from recommendations submitted by the
Bethune Museum and Archives, Inc.
(4) 2 members who shall have professional expertise in the
history of African American women.
(5) 2 members who shall have professional expertise in archival
management.
(6) 3 members who shall represent the general public.
(7) 1 member who shall have professional expertise in historic
preservation.
Any member of the Commission appointed for a definite term may serve
after the expiration of his or her term until his or her successor is
appointed. A vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(c) COMPENSATION. -- Members of the Commission shall serve without
compensation except that the Secretary is authorized to pay such
expenses as are reasonably incurred by the members in carrying out their
responsibilities under this Act.
(d) OFFICERS. -- The Chair and other officers of the Commission
shall be elected by a majority of the members of the Commission to serve
for terms established by the Commission.
(e) BYLAWS, RULES, AND REGULATIONS. -- The Commission shall make
such bylaws, rules, and regulations as it considers necessary to carry
out its functions under this Act. The provisions of section 14(b) of
the Federal Advisory Committee Act (5 U.S.C. Appendix) are hereby waived
with respect to this Commission.
SEC. 5. "16 USC 461 note" AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out this Act.
Approved December 11, 1991.
LEGISLATIVE HISTORY -- H.R. 690:
HOUSE REPORTS: No. 102-36 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-88 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): Apr. 24, considered and
passed House. Oct. 24, considered and passed Senate, amended. Nov. 26,
Senate receded from its amendment.
Public Law 102-210, 105 Stat. 1651
Whereas basketball, the only major sport founded in America, was
invented by Dr. James Naismith in 1891;
Whereas the first basketball game was played by Dr. James Naismith's
gymnastics class, using nine players on each side, peach baskets nailed
to the wall at both ends of the gym, and a soccer ball;
Whereas basketball was first played by women in 1893;
Whereas basketball, the American Game, grew in popularity over the
next two years throughout the United States and several foreign
countries, and by the turn of the century was being played in 20
nations;
Whereas basketball became an official Olympic sport in Berlin in
1936, and the United States defeated Canada to win the first Gold Medal;
Whereas basketball at every level of play has been enjoyed by
millions of spectators;
Whereas our youth -- the future of our Nation -- have become involved
in various basketball leagues that have contributed to the ideals of
dedication, commitment, and teamwork; and
Whereas basketball, the American Game, is played and enjoyed by many
people in America and in the rest of the world: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 21, 1991, is
designated as "Basketball Centennial Day". The President is authorized
and requested to issue a proclamation calling upon the people of the
United States to observe such week with appropriate ceremonies and
activities.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 372:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-209, 105 Stat. 1649
Whereas the year 1991 is recognized as the 200th anniversary of the
District of Columbia because many of the events important to the
founding of the Nation's Capital occurred during that year;
Whereas on January 24, 1791, George Washington selected the site
along the Potomac River as the district for the permanent seat of the
Government of the United States where the vision of the infant nation
dedicated to the principles of self-government could be realized;
Whereas in February 1791, Andrew Ellicott and Benjamin Banneker began
to survey the new district, which would become the center of a continent
and leader of the free world;
Whereas on September 9, 1791, the Commissioners charged with the
founding of the city informed Major Pierre L'Enfant that the Federal
district was to be called the Territory of Columbia and the Federal city
the City of Washington;
Whereas on December 13, 1791, L'Enfant's grand plan for the
development of the Nation's Capital, which included magnificent vistas,
radiating avenues, beautiful parks and promenades, cascading fountains,
and public spaces for national monuments, and which reflected the
patriotic enthusiasm that the Federal city forever serve as a temple to
liberty, was submitted to the Congress;
Whereas on December 19, 1791, the State of Maryland forever ceded and
relinquished to the Congress and the Government of the United States the
final land grant to form the new district;
Whereas the creation of the District of Columbia was an important act
of self-government by the first Federal Congress designed to strengthen
and preserve the political institutions of a free people, and the
District itself is a time-honored symbol of the Republic;
Whereas the grandeur and beauty of the District of Columbia are
acclaimed throughout the world;
Whereas the sacrifices of a people dedicated to freedom are forever
remembered in the inspiring memorials located in the District of
Columbia;
Whereas the people of the District of Columbia have made
contributions to the arts, law, music, and culture that have been
recognized throughout the Nation and the world;
Whereas the District of Columbia is a national treasure as the
repository of much of our Nation's history; and
Whereas the District of Columbia is truly where the people of the
United States, through our elected representatives, exercise the right
of self-governance: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That December 1991 is
designated as "Bicentennial of the District of Columbia Month", and the
President is authorized and requested to issue a proclamation --
(1) honoring the 200th anniversary of the founding of the
District of Columbia as the Nation's Capital; and
(2) calling upon the people of the United States to observe
such month with appropriate ceremonies and activities.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 356:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-208, 105 Stat. 1648
Whereas more than 9,000,000 individuals in the United States suffer
traumatic injury each year;
Whereas traumatic injury is the leading cause of death of individuals
less than 44 years of age in the United States;
Whereas every individual is a potential victim of traumatic injury;
Whereas traumatic injury often occurs without warning;
Whereas traumatic injury frequently renders its victims incapable of
caring for themselves;
Whereas past inattention to the causes and effects of trauma has led
to the inclusion of trauma among the most neglected medical conditions;
Whereas the people of the United States spend more than
$148,500,000,000 on the problem of trauma;
Whereas the problem of trauma can be remedied only by prevention and
treatment through emergency medical services and trauma systems; and
Whereas the people of the United States must be educated in the
prevention and treatment of trauma and in the proper and effective use
of emergency medical systems: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of May 1992 is
designated as "National Trauma Awareness Month", and the President is
authorized and requested to issue a proclamation calling upon the people
of the United States to observe such month with appropriate programs,
ceremonies, and activities.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 300 (S.J. Res. 229):
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 22, considered and
passed House. Nov. 26, H.J. Res. 300 and S.J. Res. 229 considered and
passed Senate.
Public Law 102-207, 105 Stat. 1646
Whereas visiting nurse associations have served homebound Americans
since 1885;
Whereas such associations annually provide home care and support
services to more than 1,500,000, men, women, children, and infants;
Whereas such associations serve 422 urban and rural communities in 45
States;
Whereas such associations adhere to high standards of quality and
provide personalized and cost-effective home health care and support,
regardless of an individual's ability to pay;
Whereas such associations are voluntary in nature, independently
owned, and community based;
Whereas such associations ensure the quality of care through
oversight provided by professional advisory committees composed of local
physicians and nurses;
Whereas such associations enable hundreds of thousands of Americans
to recover from illness and injury in the comfort and security of their
homes;
Whereas such associations ensure that individuals who are chronically
ill or who have physical or mental handicaps receive the therapeutic
benefits of care and support services in the home;
Whereas, in the absence of such associations, thousands of patients
with mental or physical handicaps or chronically disabling illnesses
would have to be institutionalized;
Whereas such associations provide a wide range of services, including
health care, hospice care, personal care, homemaking, occupational,
physical, and speech therapy, friendly visiting services, social
services, nutritional counseling, specialized nursing care by registered
nurses, and meals on wheels;
Whereas, in each community served by such an association, local
volunteers support the association by serving on the board of directors,
raising funds, visiting patients in their homes, assisting patients and
nurses at wellness clinics, delivering meals on wheels to patients,
running errands for patients, working in the association's office, and
providing tender loving care; and
Whereas the need for home health care for young and old alike
continues to grow annually: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
February 16, 1992, is designated as "National Visiting Nurse
Associations Week", and the President is authorized and requested to
issue a proclamation calling on the people of the United States to
observe the week with appropriate ceremonies and activities.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 212 (S.J. Res. 124):
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 22, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-206, 105 Stat. 1644
Whereas law enforcement training and sciences related to law
enforcement are critical to the immediate and long-term safety and
well-being of this Nation because law enforcement professionals provide
service and protection to citizens in all sectors of society;
Whereas law enforcement training is a critical component of national
efforts to protect the citizens of this Nation from violent crime, to
combat the malignancy of illicit drugs, and to apprehend criminals who
commit personal, property and business crimes;
Whereas law enforcement training serves the hard working and law
abiding citizens of this Nation;
Whereas it is essential that the citizens of this Nation be able to
enjoy an inherent right of freedom from fear and learn of the
significant contributions that law enforcement trainers have made to
assure such right;
Whereas it is vital to build and maintain a highly trained and
motivated law enforcement work force that is educated and trained in the
skills of law enforcement and sciences related to law enforcement in
order to take advantage of the opportunities that law enforcement
provides;
Whereas it is in the national interest to stimulate and encourage the
youth of this Nation to understand the significance of law enforcement
training to the law enforcement profession and to the safety and
security of all citizens;
Whereas it is in the national interest to encourage the youth of this
Nation to appreciate the intellectual fascination of law enforcement
training; and
Whereas it is in the national interest to make the youth of this
Nation aware of career options available in law enforcement and
disciplines related to law enforcement: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That January 5, 1992 through
January 11, 1992, is designated as "National Law Enforcement Training
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 exhibits, ceremonies, and activities,
including programs designed to heighten the awareness of all citizens,
particularly the youth of this Nation, of the importance of law
enforcement training and related disciplines.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 191 (S.J. Res. 100):
CONGRESSIONAL RECORD, Vol. 137 (1991): Sept. 30, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-205, 105 Stat. 1643
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WAIVER OF CONGRESSIONAL REVIEW PERIOD FOR CERTAIN
DISTRICT OF COLUMBIA ACTS.
(a) WAIVER. -- Notwithstanding section 602(c) of the District of
Columbia Self-Government and Governmental Reorganization Act, each of
the District of Columbia acts described in subsection (b) shall take
effect on the date of the enactment of this Act.
(b) ACTS DESCRIBED. -- The District of Columbia acts referred to in
subsection (a) are as follows:
(1) The District of Columbia Government Comprehensive Merit
Personnel Act of 1978 Temporary Amendment Act of 1991 (D.C. Act
9-85).
(2) The District of Columbia Regional Airports Authority Act of
1985 Temporary Amendment Act of 1991 (D.C. Act 9-88).
(3) The Board of Education Special Election Act of 1991 (D.C.
Act 9-89).
(4) The Closing of a Public Alley and Abandonment of an
Easement in Square 488, S.O. 86-267, Act of 1988 Covenant
Modification Temporary Act of 1991 (D.C. Act 9-90).
(5) The Closing of Glover Archbold Parkway N.W., Temporary Act
of 1991 (D.C. Act 9-93).
(6) The Uniform Law on Notarial Acts Amendment Act of 1991
(D.C. Act 9-94).
(7) The Residential Property Tax Relief Act of 1977 Application
Deadline and Free Clinic Assistance Program Act of 1986 Extension
Temporary Amendment Act of 1991 (D.C. Act 9-95).
(8) The District of Columbia Commission on Baseball Act of 1991
(D.C. Act 9-96).
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 3709:
HOUSE REPORTS: No. 102-298 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 12, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-204, 105 Stat. 1636
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 "Patent and Trademark Office
Authorization Act of 1991".
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- There are authorized to be appropriated to the
Patent and Trademark Office for fiscal year 1992 --
(1) $95,000,000 for salaries and necessary expenses, which
shall be derived from deposits in the Patent and Trademark Office
Fee Surcharge Fund established under section 10101 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508);
(2) such sums as are equal to the amount collected during that
year from fees under title 35, United States Code, and the
Trademark Act of 1946 (15 U.S.C. 1051 and following); and
(3) $24,000,000 for administrative, capital, or other
expenditures not provided for under paragraphs (1) and (2).
(b) AMENDMENTS TO BUDGET RECONCILIATION ACT. -- Section 10101 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) "35 USC
41 note" is amended as follows:
(1) Subsection (a) is amended --
(A) by striking "of 69 percent, rounded by standard arithmetic
rules,"; and
(B) by inserting before the period ", in order to ensure that
the amounts specified in subsection (c) are collected".
(2) Subsection (b)(1)(B) is amended by inserting "of these
surcharges," after "(B)".
(3) Subsection (c) is amended --
(A) by striking "REVISIONS" and inserting "ESTABLISHMENT OF
SURCHARGES"; and
(B) by striking "surcharges" and all that follows through
"Trademarks" and inserting "the Commissioner of Patents and
Trademarks shall establish surcharges under subsection (a)".
(c) WAIVER OF CERTAIN RESTRICTIONS. -- Surcharges established for
fiscal year 1992 under section 10101(c) "35 USC 41 note" of the Omnibus
Budget Reconciliation Act of 1990 may take effect on or after 1 day
after such surcharges are published in the Federal Register. Section
553 of title 5, United States Code, shall not apply to the establishment
of such surcharges for fiscal year 1992.
SEC. 3. APPROPRIATIONS AUTHORIZED TO BE CARRIED OVER.
Amounts appropriated under this Act may remain available until
expended.
SEC. 4. OVERSIGHT OF PATENT AND TRADEMARK FEES.
Section 42 of title 35, United States Code, is amended by adding at
the end the following:
"(e) The Secretary of Commerce shall, on the day each year on which
the President submits the annual budget to the Congress, provide to the
Committees on the Judiciary of the Senate and the House of
Representatives --
"(1) a list of patent and trademark fee collections by the
Patent and Trademark Office during the preceding fiscal year;
"(2) a list of activities of the Patent and Trademark Office
during the preceding fiscal year which were supported by patent
fee expenditures, trademark fee expenditures, and appropriations;
"(3) budget plans for significant programs, projects, and
activities of the Office, including out-year funding estimates;
"(4) any proposed disposition of surplus fees by the Office;
and
"(5) such other information as the committees consider
necessary.".
SEC. 5. PATENT AND TRADEMARK FEES.
(a) FEE SCHEDULES. -- (1) Section 41(a) of title 35, United States
Code, is amended to read as follows:
"(a) The Commissioner shall charge the following fees:
"(1)(A) On filing each application for an original patent,
except in design or plant cases, $500.
"(B) In addition, on filing or on presentation at any other
time, $52 for each claim in independent form which is in excess of
3, $14 for each claim (whether independent or dependent) which is
in excess of 20, and $160 for each application containing a
multiple dependent claim.
"(2) For issuing each original or reissue patent, except in
design or plant cases, $820.
"(3) In design and plant cases --
"(A) on filing each design application, $200;
"(B) on filing each plant application, $330;
"(C) on issuing each design patent, $290; and
"(D) on issuing each plant patent, $410.
"(4)(A) On filing each application for the reissue of a patent,
$500.
"(B) In addition, on filing or on presentation at any other
time, $52 for each claim in independent form which is in excess of
the number of independent claims of the original patent, and $14
for each claim (whether independent or dependent) which is in
excess of 20 and also in excess of the number of claims of the
original patent.
"(5) On filing each disclaimer, $78.
"(6)(A) On filing an appeal from the examiner to the Board of
Patent Appeals and Interferences, $190.
"(B) In addition, on filing a brief in support of the appeal,
$190, and on requesting an oral hearing in the appeal before the
Board of Patent Appeals and Interferences, $160.
"(7) On filing each petition for the revival of an
unintentionally abandoned application for a patent or for the
unintentionally delayed payment of the fee for issuing each
patent, $820, unless the petition is filed under section 133 or
151 of this title, in which case the fee shall be $78.
"(8) For petitions for 1-month extensions of time to take
actions required by the Commissioner in an application --
"(A) On filing a first petition, $78;
"(B) on filing a second petition, $172; and
"(C) on filing a third petition or subsequent petition, $340.
"(9) Basic national fee for an international application where
the Patent and Trademark Office was the International Preliminary
Examining Authority and the International Searching Authority,
$450.
"(10) Basic national fee for an international application where
the Patent and Trademark Office was the International Searching
Authority but not the International Preliminary Examining
Authority, $500.
"(11) Basic national fee for an international application where
the Patent and Trademark Office was neither the International
Searching Authority nor the International Preliminary Examining
Authority, $670.
"(12) Basic national fee for an international application where
the international preliminary examination has been paid to the
Patent and Trademark Office, and the international preliminary
examination report states that the provisions of Article 33(2),
(3), and (4) of the Patent Cooperation Treaty have been satisfied
for all claims in the application entering the national stage,
$66.
"(13) For filing or later presentation of each independent
claim in the national stage of an international application in
excess of 3, $52.
"(14) For filing or later presentation of each claim (whether
independent or dependent) in a national stage of an international
application in excess of 20, $14.
"(15) For each national stage of an international application
containing a multiple dependent claim, $160.
For the purpose of computing fees, a multiple dependent claim as
referred to in section 112 of this title or any claim depending
therefrom shall be considered as separate dependent claims in accordance
with the number of claims to which reference is made. Errors in payment
of the additional fees may be rectified in accordance with regulations
of the Commissioner.".
(2) Subsection (b) of section 41 of title 35, United States Code, is
amended by striking "a patent in force" and all that follows through the
end of paragraph 3. and inserting the following: "in force all patents
based on applications filed on or after December 12, 1980:
"(1) 3 years and 6 months after grant, $650.
"(2) 7 years and 6 months after grant, $1,310.
"(3) 11 years and 6 months after grant, $1,980.".
(3) Subsection (d) of section 41 of title 35, United States Code, is
amended to read as follows:
"(d) The Commissioner shall establish fees for all other processing,
services, or materials relating to patents not specified in this section
to recover the estimated average cost to the Office of such processing,
services, or materials, except that the Commissioner shall charge the
following fees for the following services:
"(1) For recording a document affecting title, $40 per
property.
"(2) For each photocopy, $.25 per page.
"(3) For each black and white copy of a patent, $3.
The yearly fee for providing a library specified in section 13 of this
title with uncertified printed copies of the specifications and drawings
for all patents in that year shall be $50.".
(b) AUTHORITY TO INCREASE FEES. -- Section 41(f) of title 35, United
States Code, is amended by striking "on October 1, 1985, and every third
year thereafter, to reflect any fluctuations occurring during the
previous three years" and inserting "on October 1, 1992, and every year
thereafter, to reflect any fluctuations occurring during the previous 12
months".
(c) NOTICE OF FEES. -- (1) Section 41(g) of title 35, United States
Code, is amended to read as follows:
"(g) No fee established by the Commissioner under this section shall
take effect until at least 30 days after notice of the fee has been
published in the Federal Register and in the Official Gazette of the
Patent and Trademark Office.".
(2) "35 USC 41 note" Fees established by the Commissioner of Patents
and Trademarks under section 41(d) of title 35, United States Code,
during fiscal year 1992 may take effect on or after 1 day after such
fees are published in the Federal Register. Section 41(g) of title 35,
United States Code, and section 553 of title 5, United States Code,
shall not apply to the establishment of such fees during fiscal year
1992.
(d) PATENT AND TRADEMARK COLLECTIONS; PUBLIC ACCESS. -- (1) Section
41 of title 35, United States Code, is amended by adding at the end the
following new subsection:
"(i)(1) The Commissioner shall maintain, for use by the public, paper
or microform collections of United States patents, foreign patent
documents, and United States trademark registrations arranged to permit
search for and retrieval of information. The Commissioner may not
impose fees directly for the use of such collections, or for the use of
the public patent or trademark search rooms or libraries.
"(2) The Commissioner shall provide for the full deployment of the
automated search systems of the Patent and Trademark Office so that such
systems are available for use by the public, and shall assure full
access by the public to, and dissemination of, patent and trademark
information, using a variety of automated methods, including electronic
bulletin boards and remote access by users to mass storage and retrieval
systems.
"(3) The Commissioner may establish reasonable fees for access by the
public to the automated search systems of the Patent and Trademark
Office. If such fees are established, a limited amount of free access
shall be made available to users of the systems for purposes of
education and training. The Commissioner may waive the payment by an
individual of fees authorized by this subsection upon a showing of need
or hardship, and if such a waiver is in the public interest.
"(4) The Commissioner shall submit to the Congress an annual report
on the automated search systems of the Patent and Trademark Office and
the access by the public to such systems. The Commissioner shall also
publish such report in the Federal Register. The Commissioner shall
provide an opportunity for the submission of comments by interested
persons on each such report.".
(2)(A) The section heading for section 41 of title 35, United States
Code, is amended to read as follows:
"Section 41. Patent fees; patent and trademark search systems".
(B) The items in the table of sections at the beginning of chapter 4
of title 35, United States Code, are amended to read as follows:
"41. Patent fees; patent and trademark search systems.
"42. Patent and Trademark Office funding.".
(C) The chapter heading for chapter 4 of title 35, United States
Code, is amended to read as follows:
(D) The items relating to chapters 3 and 4 in the table of chapters
for part I of title 35, United States Code, are amended to read as
follows:
"3. Practice before Patent and Trademark Office ........ 31
"4. Patent Fees; Funding; Search Systems ............... 41".
(e) USE OF FEES. -- Subsection 42(c) of title 35, United States Code
is amended to read as follows:
"(c) Revenues from fees shall be available to the Commissioner to
carry out, to the extent provided in appropriation Acts, the activities
of the Patent and Trademark Office. Fees available to the Commissioner
under section 31 of the Trademark Act of 1946 may be used only for the
processing of trademark registrations and for other activities,
services, and materials relating to trademarks and to cover a
proportionate share of the administrative costs of the Patent and
Trademark Office.".
(f) TRADEMARK FEES. -- (1) Section 31(a) of the Trademark Act of
1946 (15 U.S.C. 1113(a)) is amended to read as follows:
"(a) The Commissioner shall establish fees for the filing and
processing of an application for the registration of a trademark or
other mark and for all other services performed by and materials
furnished by the Patent and Trademark Office related to trademarks and
other marks. Fees established under this subsection may be adjusted by
the Commissioner once each year to reflect, in the aggregate, any
fluctuations during the preceding 12 months in the Consumer Price Index,
as determined by the Secretary of Labor. Changes of less than 1 percent
may be ignored. No fee established under this section shall take effect
until at least 30 days after notice of the fee has been published in the
Federal Register and in the Official Gazette of the Patent and Trademark
Office.".
(2) Fees established by the Commissioner of Patents and Trademarks
under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) "15
USC 1113 note" during fiscal year 1992 --
(A) may, notwithstanding the second sentence of such section
31(a), reflect fluctuations during the preceding 3 years in the
Consumer Price Index; and
(B) may take effect on or after 1 day after such fees are
published in the Federal Register.
The last sentence of section 31(a) of the Trademark Act of 1946 and
section 553 of title 5, United States Code, shall not apply to the
establishment of such fees during fiscal year 1992.
(g) INTERNATIONAL APPLICATION FEES. -- (1) Section 376 of title 35,
United States Code, is amended --
(A) in subsection (a) --
(i) in the second sentence by inserting after "Office" the
following: "shall charge a national fee as provided in section
41(a), and"; and
(ii) by striking paragraph (4) and redesignating paragraphs (5)
and (6) as paragraphs (4) and (5), respectively; and
(B) in subsection (b) in the last sentence by striking "the
preliminary examination fee" and inserting "the national fee, the
preliminary examination fee,".
(2) Section 371(c)(1) of title 35, United States Code, is amended by
striking "prescribed under section 376(a)(4) of this part" and inserting
"provided in section 41(a) of this title".
SEC. 6. "35 USC 6 note" USE OF EXCHANGE AGREEMENTS RELATING TO
AUTOMATIC DATA PROCESSING RESOURCES PROHIBITED.
The Commissioner of Patents and Trademarks may not, during fiscal
year 1992, enter into any agreement for the exchange of items or
services (as authorized under section 6(a) of title 35, United States
Code) relating to automatic data processing resources (including
hardware, software and related services, and machine readable data).
The preceding sentence shall not apply to an agreement relating to data
for automation programs which is entered into with a foreign government
or with an international intergovernmental organization.
SEC. 7. INDEMNIFICATION OF EMPLOYEES.
The Commissioner of Patents and Trademarks is authorized to indemnify
any officer or employee of the Patent and Trademark Office who
participated in the Law School Tuition Assistance Program of the Patent
and Trademark Office, against tax liability incurred as a result of
payments made to law schools under that program in tax years 1988, 1989,
and 1990.
SEC. 8. DUTIES OF COMMISSIONER.
Section 6(a) of title 35, United States Code, is amended by striking
"; and shall have" and inserting ", including programs to recognize,
identify, assess and forecast the technology of patented inventions and
their utility to industry; and shall have".
SEC. 9. REPEAL OF PRIOR AUTHORIZATION ACTS.
Subsections (b) and (c) of section 104 of Public Law 100-703 "35 USC
41 note" are repealed.
SEC. 10. GAO REPORTING REQUIREMENT.
Section 202(b)(3) of title 35, United States Code, is amended by
striking "each year" and inserting "every 5 years".
SEC. 11. "35 USC 41 note" PATENT INFORMATION DISSEMINATION.
(a) DEFINITIONS. -- For purposes of this section --
(1) the term "CD-ROMs" means compact discs formatted with
read-only memory, including such discs that make use of advanced
optical storage technology;
(2) the term "classified patent information" means patent
information organized by the subject matter of the claimed
invention according to the United States Patent Classification
System or the classification system used by the country or
authority that issues a patent;
(3) the term "Commissioner" means the Assistant Secretary of
Commerce and Commissioner of Patents and Trademarks; and
(4) the term "patent information" means a complete and exact
facsimile of a patent or patent application, including the text
and all images contained therein (such as drawings, diagrams,
formulas, and tables).
(b) INFORMATION DISSEMINATION PROGRAM. -- No later than January 1,
1992, the Commissioner shall establish a demonstration program which
shall make patent information available in accordance with the
provisions of this section, through October 1, 1992. The Commissioner
shall produce master CD-ROMs containing classified patent information
and provide copies of them to the public for purchase.
(c) INFORMATION TO BE DISSEMINATED. -- The patent information that
shall be disseminated pursuant to this section shall be patent
information in the possession of the Commissioner in computer readable
form, including information on selected subclasses of United States
patents, as determined by the Commissioner.
(d) FEES. -- The Commissioner shall establish fees for the purchase
of CD-ROMs, at a rate sufficient to recover the estimated average
marginal cost of producing and processing purchase orders for copies of
master CD-ROMs.
(e) REPORT. -- On the date that is 1 year after the date of the
enactment of this Act the Commissioner shall submit to Congress a report
on the implementation of this section.
SEC. 12. DEFINITION.
For purposes of this Act, the "Trademark Act of 1946" refers to the
Act entitled "An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provision of certain
international conventions, and for other purposes", approved July 5,
1946 (15 U.S.C. 1051 and following).
SEC. 13. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act,
except that the fees established by the amendment made by section 5(a)
"35 USC 41 note" shall take effect on or after 1 day after such fees are
published in the Federal Register.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 3531:
HOUSE REPORTS: No. 102-382 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 25, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-203, 105 Stat. 1635
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The building located at 1409 Hamilton Avenue, St. Louis, Missouri,
known as the Wellston Station, is designated as the "Gwen B. Giles Post
Office Building".
SEC. 2. REFERENCES.
Any reference in any law, map, regulation, document, record, or other
paper of the United States to the building referred to in section 1
shall be deemed to be a reference to the Gwen B. Giles Post Office
Building.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 3322:
CONGRESSIONAL RECORD, Vol. 137 (1991): Sept. 30, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-202, 105 Stat. 1634
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 430s note" AUTHORIZATION OF APPROPRIATIONS FOR
ADDITIONAL LAND ACQUISITION.
There are authorized to be appropriated up to $20,000,000 for
acquisition of lands and interests in lands for purposes of the Monocacy
National Battlefield, Maryland; such sums shall be in addition to other
funds available for such purposes.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 990:
HOUSE REPORTS: No. 102-85 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-237 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): June 3, considered and passed
House. Nov. 26, considered and passed Senate.
Public Law 102-201, 105 Stat. 1631
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. REDESIGNATION OF MONUMENT.
The Custer Battlefield National Monument in Montana shall, on and
after the date of enactment of this Act, be known as the "Little Bighorn
Battlefield National Monument" (hereafter in this Act referred to as the
"monument"). Any reference to the Custer Battlefield National Monument
in any law, map, regulation, document, record, or other paper of the
United States shall be deemed to be a reference to the Little Bighorn
Battlefield National Monument.
SEC. 102. CUSTER NATIONAL CEMETERY.
The cemetery located within the monument shall be designated as the
Custer National Cemetery.
SEC. 201. FINDINGS.
The Congress finds that --
(1) a monument was erected in 1881 at Last Stand Hill to
commemorate the soldiers, scouts, and civilians attached to the
7th United States Cavalry who fell in the Battle of the Little
Bighorn;
(2) while many members of the Cheyenne, Sioux, and other Indian
Nations gave their lives defending their families and traditional
lifestyle and livelihood, nothing stands at the battlefield to
commemorate those individuals; and
(3) the public interest will best be served by establishing a
memorial at the Little Bighorn Battlefield National Monument to
honor the Indian participants in the battle.
SEC. 202. ADVISORY COMMITTEE.
(a) ESTABLISHMENT. -- The Secretary of the Interior (hereafter in
this Act referred to as the "Secretary") shall establish a committee to
be known as the Little Bighorn Battlefield National Monument Advisory
Committee (hereafter in this Act referred to as the "Advisory
Committee").
(b) MEMBERSHIP AND CHAIRPERSON. -- The Advisory Committee shall be
composed of 11 members appointed by the Secretary, with 6 of the
individuals appointed representing Native American tribes who
participated in the Battle of the Little Bighorn or who now reside in
the area, 2 of the individuals appointed being nationally recognized
artists and 3 of the individuals appointed being knowledgeable in
history, historic preservation, and landscape architecture. The
Advisory Committee shall designate one of its members as Chairperson.
(c) QUORUM; MEETINGS. -- Six members of the Advisory Committee
shall constitute a quorum. The Advisory Committee shall act and advise
by affirmative vote of a majority of the members voting at a meeting at
which a quorum is present. The Advisory Committee shall meet on a
regular basis. Notice of meetings and agenda shall be published in
local newspapers which have a distribution which generally covers the
area affected by the monument. Advisory Committee meetings shall be
held at locations and in such a manner as to ensure adequate public
involvement.
(d) ADVISORY FUNCTIONS. -- The Advisory Committee shall advise the
Secretary to ensure that the memorial designed and constructed as
provided in section 203 shall be appropriate to the monument, its
resources and landscape, sensitive to the history being portrayed and
artistically commendable.
(e) TECHNICAL STAFF SUPPORT. -- In order to provide staff support
and technical services to assist the Advisory Committee in carrying out
its duties under this Act, upon request of the Advisory Committee, the
Secretary of the Interior is authorized to detail any personnel of the
National Park Service to the Advisory Committee.
(f) COMPENSATION. -- Members of the Advisory Committee shall serve
without compensation but shall be entitled to travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in Government service under section 5703 of title 5 of
the United States Code.
(g) CHARTER. -- The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby
waived with respect to the Advisory Committee.
(h) TERMINATION. -- The Advisory Committee shall terminate upon
dedication of the memorial authorized under section 203.
SEC. 203. MEMORIAL.
(a) DESIGN, CONSTRUCTION, AND MAINTENANCE. -- In order to honor and
recognize the Indians who fought to preserve their land and culture in
the Battle of the Little Bighorn, to provide visitors with an improved
understanding of the events leading up to and the consequences of the
fateful battle, and to encourage peace among people of all races, the
Secretary shall design, construct, and maintain a memorial at the Little
Bighorn Battlefield National Monument.
(b) SITE. -- The Secretary, in consultation with the Advisory
Committee, shall select the site of the memorial. Such area shall be
located on the ridge in that part of the Little Bighorn Battlefield
National Monument which is in the vicinity of the 7th Cavalry Monument,
as generally depicted on a map entitled "Custer Battlefield National
Monument General Development Map" dated March 1990 and numbered
381/80,044-A.
(c) DESIGN COMPETITION. -- The Secretary, in consultation with the
Advisory Committee, shall hold a national design competition to select
the design of the memorial. The design criteria shall include but not
necessarily be limited to compatibility with the monument and its
resources in form and scale, sensitivity to the history being portrayed,
and artistic merit. The design and plans for the memorial shall be
subject to the approval of the Secretary.
SEC. 204. DONATIONS OF FUNDS, PROPERTY, AND SERVICES.
Notwithstanding any other provision of law, the Secretary may accept
and expend donations of funds, property, or services from individuals,
foundations, corporations, or public entities for the purpose of
providing for the memorial.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
SEC. 301. EXTENSION OF ALIENABILITY RESTRICTIONS ON SETTLEMENT
COMMON STOCK.
Section 37(a) of Public Law 92-203, the Alaska Native Claims
Settlement Act (43 U.S.C. 1629c(a)) is amended by striking "December 18,
1991." and inserting in lieu thereof "July 16, 1993: Provided, however,
That this prohibition shall not apply to a Native Corporation whose
board of directors approves, no later than March 1, 1992, a resolution
(certified by the corporate secretary of such corporation) electing to
decline the application of such prohibition.".
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 848:
HOUSE REPORTS: No. 102-126 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-173 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 137 (1991): June 24, considered and
passed House. Nov. 22, considered and passed Senate, amended. Nov. 25,
House concurred in Senate amendment.
Public Law 102-200, 105 Stat. 1630
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHANGES IN EASTERN AND WESTERN DISTRICTS OF VIRGINIA.
Section 127 of title 28, United States Code, is amended --
(1) in subsection (a) by striking "Culpeper,", "Louisa,", and
"Orange,"; and
(2) in subsection (b) --
(A) by inserting "Culpeper," after "Craig,";
(B) by inserting "Louisa," after "Lee,"; and
(C) by inserting "Orange," after "Nelson,".
SEC. 2. "28 USC 127 note" APPLICABILITY OF AMENDMENTS.
(a) PENDING ACTIONS. -- The amendments made by section 1 shall not
apply to any action commenced before the date of the enactment of this
Act and pending in the United States District Court for the Eastern
District of Virginia on such date.
(b) JURIES. -- The amendments made by section 1 shall not affect the
composition, or preclude the service, of any grand or petit jury
summoned, empaneled, or actually serving in the Eastern or Western
District of Virginia on the date of the enactment of this Act.
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 829:
HOUSE REPORTS: No. 102-370 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 25, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-199, 105 Stat. 1628
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NAME CHANGE.
The Act entitled "An Act to incorporate the Boys' Clubs of America",
approved August 6, 1956 (70 Stat. 1052; 36 U.S.C. 691 et seq.) is
amended --
(1) in the title by striking "Boys" and inserting in lieu
thereof "Boys & Girls";
(2) "36 USC 691" in the first section --
(A) by striking "successors," and inserting in lieu thereof
"successors; and Gerald W. Blakeley, Jr., Boston, Massachusetts;
Roscoe C. Brown, Jr., Bronx, New York; Cees Bruynes, Stamford,
Connecticut; Honorable Arnold I. Burns, New York, New York; John
L. Burns, Greenwich, Connecticut; Hays Clark, Hobe Sound,
Florida; Mrs. Albert L. Cole, Hobe Sound, Florida; Honorable
Michael Curb, Burbank, California; Robert W. Fowler, Atlantic
Beach, Florida; Thomas G. Garth, New York, New York; Moore
Gates, Jr., Princeton, New Jersey; Ronald J. . . . , Chicago,
Illinois; John S. Griswold, Greenwich, Connecticut; Claude H.
Grizzard, Atlanta, Georgia; George V. Grune, Pleasantville, New
York; Peter L. Haynes, New York, New York; James S. Kemper,
Northbrook, Illinois; Plato Malozemoff, New York, New York;
Edmund O. Martin, Oklahoma City, Oklahoma; Donald E. McNicol,
Esq., New York, New York; Carolyn P. Millbank, Greenwich,
Connecticut; Jeremiah Milbank, New York, New York; C. W.
Murchison III, Dallas, Texas; W. Clement Stone, Lake Forest,
Illinois; and their successors,"; and
(B) by striking "Boys" and inserting in lieu thereof "Boys &
Girls"; and
(3) in section 3 "36 USC 693" by striking "boys" and inserting
in lieu thereof "youth".
SEC. 2. CONFORMING AMENDMENT.
Paragraph (16) of the first section of Public Law 88-504 (36 U.S.C.
1101(16)) is amended by striking "Boys" and inserting in lieu thereof
"Boys & Girls".
Approved December 10, 1991.
LEGISLATIVE HISTORY -- H.R. 525:
HOUSE REPORTS: No. 102-197 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 18, considered and
passed House. Nov. 26, considered and passed Senate.
Public Law 102-198, 105 Stat. 1623
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JUDICIAL COUNCILS OF CIRCUITS.
Section 332(a)(1) of title 28, United States Code, as amended by
section 323 of the Judicial Improvements Act of 1990, is amended by --
(1) striking "such member" and inserting "such number"; and
(2) striking "services" and inserting "service".
SEC. 2. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.
Chapter 23 of title 28, United States Code, as added by section 103
of the Judicial Improvements Act of 1990, is amended --
(1) in section 471 by striking "this title" and inserting "this
chapter"; and
(2) in section 474(a) --
(A) in paragraph (1) --
(i) by striking "chief judges" and inserting "chief judge";
and
(ii) by striking "court of appeals for such"; and
(B) in paragraph (2) --
(i) by striking "a court of appeals" and inserting "a circuit
may designate another judge of the court of appeals of that
circuit,"; and
(ii) by striking "court to perform the chief" and inserting
"court, to perform that chief".
SEC. 3. VENUE.
Section 1391(b) of title 28, United States Code, as amended by
section 311 of the Judicial Improvements Act of 1990, is amended by
striking "if (1)" and inserting "in (1)".
SEC. 4. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS.
Section 1441(c) of title 28, United States Code, as amended by
section 312 of the Judicial Improvements Act of 1990, is amended by --
(1) striking the comma after "title"; and
(2) striking "may may" and inserting "may".
SEC. 5. APPEAL OF ABSTENTION DETERMINATIONS UNDER TITLE 11 OF THE
UNITED STATES CODE.
Section 305(c) of title 11, United States Code, as amended by section
309 of the Judicial Improvements Act of 1990, is amended by striking
"this title" both places it appears and inserting "title 28".
SEC. 6. OUTSIDE EARNED INCOME LIMITATIONS.
Section 502(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.
7 502(b)), as amended by section 601(a) of the Ethics Reform Act of 1989
and section 319 of the Judicial Improvements Act of 1990, is amended to
read as follows:
"(b) TEACHING COMPENSATION OF JUSTICES AND JUDGES RETIRED FROM
REGULAR ACTIVE SERVICE. -- For purposes of the limitation under section
501(a), any compensation for teaching approved under subsection (a)(5)
of this section shall not be treated as outside earned income --
"(1) when received by a justice of the United States retired
from regular active service under section 371(b) of title 28,
United States Code;
"(2) when received by a judge of the United States retired from
regular active service under section 371(b) of title 28, United
States Code, for teaching performed during any calendar year for
which such judge has met the requirements of subsection (f) of
section 371 of title 28, United States Code, as certified in
accordance with such subsection; or
"(3) when received by a justice or judge of the United States
retired from regular active service under section 372(a) of title
28, United States Code.".
SEC. 7. RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES.
(a) RETIREMENT OF JUDGES OF THE CLAIMS COURT. -- Section 178 of
title 28, United States Code, as added by section 306(a) of the Judicial
Improvements Act of 1990, is amended --
(1) in subsection (f)(2)(A) by inserting "(except for
subchapters III and VII)" after "chapter 84"; and
(2) in subsection (j) --
(A) in paragraph (1) --
(i) by striking "(2)" and inserting "(4)"; and
(ii) by striking "so practices law" and inserting "engages in
any such activity";
(B) in paragraph (2) by striking "If" and inserting "Subject to
paragraph (4), if"; and
(C) in paragraph (3) by inserting "for" after "(other tnan".
(b) CIVIL SERVICE RETIREMENT SYSTEM. -- Section 8339(n) of title 5,
United States Code, as amended by section 306(c)(4) of the Judicial
Improvements Act of 1990, is amended by inserting a comma after "United
States commissioner".
(c) THRIFT SAVINGS PLAN. -- (1) The section 8440b of title 5, United
States Code, entitled "Claims Court Judges", as added by section 306(d)
of the Judicial Improvements Act of 1990, is amended --
(A) by redesignating such section as section 8440c; and
(B) in subsection (b) --
(i) in paragraph (4)(A) by striking "subsection (d)" and
inserting "subsection (c)";
(ii) by striking paragraph (7) and redesignating paragraph (8)
as (7); and
(iii) by adding at the end the following:
"(8) Notwithstanding paragraph (4)(B), if any Claims Court judge who
elects to make contributions to the Thrift Savings Fund under subsection
(a) retires before becoming entitled to an annuity under section 178 of
title 28, and such judge's nonforfeitable account balance is $3,500 or
less, the Executive Director shall pay the nonforfeitable account
balance to the participant in a single payment unless the judge elects,
at such time and otherwise in such manner as the Executive Director
prescribes, to have the nonforfeitable account balance transferred to an
eligible retirement plan as provided in section 8433(e).
"(9) Notwithstanding paragraph (4)(A), if any Claims Court judge
retires under circumstances making such judge eligible to make an
election under section 8433(b), and such judge's nonforfeitable account
balance is $3,500 or less, the Executive Director shall pay the
nonforfeitable account balance to the participant in a single payment
unless the judge elects, at such time and otherwise in such manner as
the Executive Director prescribes, one of the options available under
section 8433(b).".
(2) The table of sections at the beginning of chapter 84 of title 5,
United States Code, is amended by striking
"8440b. Claims Court judges." and inserting after the last item
under subchapter III the following:
"8440c. Claims Court judges."
(3) Paragraphs (8) and (9) of section 8440c(b) of title 5, "5 USC
8440c note" United States Code (as added by paragraph (1)) shall be
effective as of January 1, 1991, and shall apply to any Claims Court
judge retiring on or after such date.
(4)(A) The section 8440c of title 5, "5 USC 8440c, 8440d" United
States Code, entitled "Judges of the United States Court of Veterans
Appeals" is amended by redesignating such section as section 2440d.
(B) The table of sections at the beginning of subchapter III of
chapter 84 of title 5, United States Code, is amended by striking
"8440c. Judges of the United States Court of Veterans Appeals.".
and inserting
"8440d. Judges of the United States Court of Veterans Appeals.".
(C) Section 5(b) of Public Law 102-82 is amended --
(i) by striking "8440c" and inserting "8440d"; "5 USC 8440d
note" and
(ii) by striking "(as added by subsection (a))".
(D) section 7296(f)(2)(A) of title 38, United States Code, as amended
by section 5(c)(1) of Public Law 102-82, is amended by striking "8440c"
and inserting "8440d".
(E) section 7297(n) of title 38, United States Code, as amended by
section 5(c)(2) of Public Law 102-82, is amended by striking "8440c" and
inserting "8440d".
(d) FEDERAL EMPLOYEES' RETIREMENT SYSTEM. -- Section 8402(g) of
title 5, United States Code, as added by section 306(e) of the Judicial
Improvement Act of 1990, is amended by inserting a comma after "such
chapter".
SEC. 8. NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL.
(a) MEMBERSHIP. -- Section 411 of the National Commission on
Judicial Discipline and Removal Act (title IV of the Judicial
Improvements Act of 1990) (28 U.S.C. 372 note) is amended by striking
subsections (e) and (f) and redesignating subsections (g) through (h) as
subsections (e) through (f), respectively.
(b) CLERICAL AMENDMENTS. -- (1) The subtitle heading for subtitle II
of the Judicial Discipline and Removal Reform Act of 1990 is amended by
striking "Impeachment" and inserting "Discipline and Removal".
(2) Section 409 of the National Commission on Judicial Discipline and
Removal Act (28 U.S.C. note) "28 USC 372 note" is amended by striking
"hereafter" and inserting "hereinafter".
SEC. 9. STUDY OF CRIMINAL JUSTICE ACT PROGRAM.
Section 318(c) "18 USC 3006A note" of the Judicial Improvements Act
of 1990 is amended by striking "March 31, 1992" and inserting "March 31,
1993".
SEC. 10. OTHER TECHNICAL CORRECTIONS TO TITLE 28, UNITED STATES
CODE.
(a) PROCEDURE FOR REMOVAL. -- Section 1446 of title 28, United
States Code, is amended --
(1) by striking "petition for" each place it appears and
inserting "notice of";
(2) in subsection (c)(3), by striking "petition is first
denied" and inserting "prosecution is first remanded";
(3) by striking paragraphs (4) and (5) of subsection (c) and
inserting the following:
"(4) The United States district court in which such notice is filed
shall examine the notice promptly. If it clearly appears on the face of
the notice and any exhibits annexed thereto that removal should not be
permitted, the court shall make an order for summary remand.
"(5) If the United States district court does not order the summary
remand of such prosecution, it shall order an evidentiary hearing to be
held promptly and after such hearing shall make such disposition of the
prosecution as justice shall require. If the United States district
court determines that removal shall be permitted, it shall so notify the
State court in which prosecution is pending, which shall proceed no
further.";
(4) by striking "petition" each place it appears and inserting
"notice"; and
(5) in subsection (d) --
(A) by striking "the removal" and inserting "removal"; and
(B) by striking out "and bond".
(b) PROCEDURE AFTER REMOVAL GENERALLY. -- Section 1447(b) of title
28, United States Code, is amended by striking "petitioner" and
inserting "removing party".
(c) APPOINTMENT OF CIRCUIT JUDGES. -- Section 44(c) of title 28,
United States Code, is amended by striking "this Act" and inserting "the
Federal Courts Improvement Act of 1982".
SEC. 11. "28 USC 2074 note" AMENDMENTS TO RULES OF CIVIL PROCEDURE.
(a) TECHNICAL AMENDMENT. -- Rule 15(c)(3) of the Federal Rules of
Civil Procedure for the United States Courts, as transmitted to the
Congress by the Supreme Court pursuant to section 2074 of title 28, "28
USC app." United States Code, to become effective on December 1, 1991,
is amended by striking "Rule 4(m)" and inserting "Rule 4(j)".
(b) "28 USC app." AMENDMENT TO FORMS. -- Form 1-A, Notice of Lawsuit
and Request for Waiver of Service of Summons, and Form 1-B, Waiver of
Service of Summons, included in the transmittal by the Supreme Court
described in subsection (a), shall not be effective and Form 18-A,
Notice and Acknowledgment for Service by Mail, abrogated by the Supreme
Court in such transmittal, effective December 1, 1991, shall continue in
effect on or after that date.
SEC. 12. CONFORMITY WITH RULES OF APPELLATE PROCEDURE.
Section 2107 of title 28, United States Code, is amended --
(1) by designating the first and second paragraphs as
subsections (a) and (b), respectively;
(2) by striking the third and fourth paragraphs;
(3) by designating the fifth paragraph as subsection (d); and
(4) by inserting after subsection (b), as so designated, the
following:
"(c) The district court may, upon motion filed not later than 30 days
after the expiration of the time otherwise set for bringing appeal,
extend the time for appeal upon a showing of excusable neglect or good
cause. In addition, if the district court finds --
"(1) that a party entitled to notice of the entry of a judgment
or order did not receive such notice from the clerk or any party
within 21 days of its entry, and
"(2) that no party would be prejudiced,
the district court may, upon motion filed within 180 days after entry of
the judgment or order or within 7 days after receipt of such notice,
whichever is earlier, reopen the time for appeal for a period of 14 days
from the date of entry of the order reopening the time for appeal.".
Approved December 9, 1991.
LEGISLATIVE HISTORY -- S. 1284:
HOUSE REPORTS: No. 102-322 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 137 (1991): June 12, considered and
passed Senate. Nov. 19, considered and passed House, amended. Nov. 22,
Senate concurred in House amendments.
Public Law 102-197, 105 Stat. 1622
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Congress approves the
extension of nondiscriminatory treatment to the products of the Union of
Soviet Socialist Republics transmitted by the President to the Congress
on October 9, 1991 "19 USC 2434 note".
Approved December 9, 1991.
LEGISLATIVE HISTORY -- H.J. Res. 346 (S.J. Res. 215):
HOUSE REPORTS: No. 102-338 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 20, considered and
passed House. Nov. 25, considered and passed Senate.
Public Law 102-196, 105 Stat. 1620
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "20 USC 80q-13 note" STUDY.
(a) IN GENERAL. -- The Secretary of the Interior (hereafter in this
Act referred to as the "Secretary") shall carry out a comprehensive
study to --
(1) determine the feasibility of establishing a cultural center
in Oklahoma City, Oklahoma, for the purpose of showcasing the
historical culture of the Native American heritage that is a
significant part of Oklahoma's history; and
(2) identify potential sites for such center in the Oklahoma
City area.
(b) FACTORS CONSIDERED. -- In identifying potential sites for the
center under subsection (a)(2), the Secretary shall consider --
(1) the relevance of the site to the tribal history of the
Native American tribes in Oklahoma; and
(2) the suitability of the site for attracting the greatest
number of visitors.
(c) CONSULTATION. -- The study shall be conducted in consultation
with the Indian tribes and organizations of Oklahoma and appropriate
agencies of the State of Oklahoma.
SEC. 2. "20 USC 80q-13 note" REPORT.
Not later than one year after the date of the enactment of this Act,
the Secretary shall submit to the Congress a report containing a
detailed statement of the findings and conclusions of the study carried
out under section 1. Such report shall include --
(1) recommendations regarding the establishment of such a
center; and
(2) a site plan and preliminary design documents for each
potential site identified by the study.
SEC. 3. "20 USC 80q-13 note" AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated not more than $200,000 for the
purposes of carrying out this Act.
Approved December 9, 1991.
LEGISLATIVE HISTORY -- H.R. 3370:
HOUSE REPORTS: No. 102-353 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 23, considered and
passed House. Nov. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
9, Presidential statement.
Public Law 102-195, 105 Stat. 1605
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 Aeronautics and Space
Administration Authorization Act, "42 USC 2451 note" Fiscal Year 1992".
SEC. 2. FINDINGS.
Congress finds that --
(1) the report of the Advisory Committee on the Future of the
United States Space Program has provided a framework within which
a consensus on the goals of the space program can be developed;
(2) a balanced civil space science program should be funded at
a level of at least 20 percent of the aggregate amount in the
budget of the National Aeronautics and Space Administration for
"Research and development" and "Space flight, control, and data
communications";
(3) development of an adequate data base for life sciences in
space will be greatly enhanced through closer scientific
cooperation with the Soviet Union, including active use of manned
Soviet space stations;
(4) the space program can make substantial contributions to
health-related research and should be an integral part of the
Nation's health research and development program;
(5) Landsat data and the continuation of the Landsat system
beyond Landsat 6 are essential to the Mission to Planet Earth and
other long-term environmental research programs;
(6) increased use of defense-related remote sensing data and
data technology by civilian agencies and the scientific community
can benefit national environmental study and monitoring programs;
(7) the generation of trained scientists and engineers through
educational initiatives and academic research programs outside of
the National Aeronautics and Space Administration is essential to
the future of the United States civil space program;
(8) the strengthening and expansion of the Nation's space
transportation infrastructure, including the enhancement of launch
sites and launch site support facilities, are essential to support
the full range of the Nation's space-related activities;
(9) the aeronautical program contributes to the Nation's
technological competitive advantage, and it has been a key factor
in maintaining preeminence in aviation over many decades; and
(10) the National Aero Space Plane program can have benefits to
the military and civilian aviation programs from the new and
innovative technologies developed in propulsion systems,
aerodynamics, and control systems that could be enormous,
especially for high-speed aeronautical and space flight.
SEC. 3. "42 USC 2451 note" POLICY.
It is the policy of the United States that --
(1) the Administrator of the National Aeronautics and Space
Administration (hereinafter referred to as the "Administrator"),
in planning for national programs in environmental study and human
space flight and exploration, should ensure the resiliency of the
space infrastructure;
(2) a stable and balanced program of civil space science should
be planned to minimize future year funding requirements in order
to accommodate a steady stream of new initiatives;
(3) any new launch system undertaken or jointly undertaken by
the National Aeronautics and Space Administration should be based
on defined mission and program requirements or national policies
established by Congress;
(4) in fulfilling the mission of the National Aeronautics and
Space Administration to improve the usefulness, performance,
speed, safety, and efficiency of space vehicles, the Administrator
should establish a program of research and development to enhance
the competitiveness and cost effectiveness of commercial
expendable launch vehicles; and
(5) the National Aeronautics and Space Administration should
promote and support efforts to advance scientific understanding by
conducting or otherwise providing for research on environmental
problems, including global change, ozone depletion, acid
precipitation, deforestation, and smog.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR NASA.
(a) RESEARCH AND DEVELOPMENT. -- There is authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1991, for "Research and development", for
the following programs:
(1) United States International Space Station Freedom,
$2,028,900,000 for fiscal year 1992, of which $18,000,000 is
authorized for the design and development of an Assured Crew
Return Vehicle.
(2) Space transportation capability development, $679,800,000,
of which $40,000,000 is authorized for propulsion technology
development, and $10,000,000 is authorized for launch vehicle
design studies, including single-stage-to-orbit vehicles.
(3) Physics and astronomy, $1,104,600,000, of which $3,000,000
is authorized for carrying out scientific programs which have
otherwise been eliminated from the Space Station.
(4) Life sciences, $163,900,000.
(5) Planetary exploration, $299,300,000.
(6) Earth science and applications, $756,600,000, of which --
(A) $5,000,000 is authorized for the purchase of Landsat data
at cost for global change research;
(B) $5,000,000 is authorized for the purchase of long-lead
parts for a follow-on to Landsat 6;
(C) $1,000,000 is authorized for remote sensing data
conversion;
(D) $3,000,000 is authorized for a pilot study and prototype
demonstration to convert remotely-sensed aircraft and satellite
data into machine readable form for global change research; and
(E) $2,000,000 is authorized for converting Landsat data
collected prior to the date of enactment of this Act into a more
durable archive medium.
(7) Materials processing in space, $120,800,000.
(8) Communications, $39,400,000.
(9) Information systems, $42,000,000.
(10) Technology utilization, $32,000,000.
(11) Commercial use of space, $107,000,000.
(12) Aeronautical research and technology, $591,200,000.
(13) Transatmospheric research and technology, $72,000,000.
(14) Space research and technology, $324,800,000, of which
$10,000,000 is authorized for a solar dynamics power research and
technology development program, including a ground test of the
technology, and $10,000,000 for a program of component technology
development, validation, and demonstration directed at commercial
launch competitiveness.
(15) Exploration activities, $34,500,000.
(16) Safety, reliability, and quality assurance, $33,600,000.
(17) Tracking and data advanced systems, $22,000,000.
(18) Academic programs, $64,600,000.
(b) SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS. -- There is
authorized to be appropriated to the National Aeronautics and Space
Administration to become available October 1, 1991, for "Space flight,
control, and data communications", for the following programs:
(1) Space shuttle production and operational capability,
$1,328,900,000, of which $375,000,000 is authorized for the
Advanced Solid Rocket Motor program.
(2) Space shuttle operations, $2,970,600,000.
(3) Launch services, $291,900,000, amounts of which may be
expended for the Mobile Satellite launch if --
(A) the Administrator, in consultation with the Chairman of the
Federal Communications Commission, determines that uncertainties
with respect to the status of the American Mobile Satellite
Corporation as the sole Federal Communications Commission license
holder for mobile satellite services have been resolved; and
(B) at least 30 days prior to the obligation of any funds for
the Mobile Satellite launch, the Administrator submits to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House
of Representatives a report detailing plans for reimbursement to
the National Aeronautics and Space Administration for its portion
of launch costs of the Mobile Satellite.
(4) Space and ground network, communications, and data systems,
$920,900,000.
(c) CONSTRUCTION OF FACILITIES. -- There is authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1991, for "Construction of facilities",
including land acquisition, as follows:
(1) Construction of Space Station Processing Facility, Kennedy
Space Center, $35,000,000.
(2) Modification for Earthquake Protection, Downey/Palmdale,
California, Johnson Space Center, $4,400,000.
(3) Modifications for Safe Haven, Vehicle Assembly Building,
High-Bay 2, Kennedy Space Center, $7,500,000.
(4) Rehabilitation of Crawlerway, Kennedy Space Center,
$3,000,000.
(5) Restoration of Shuttle Landing Facility Shoulders, Kennedy
Space Center, $4,000,000.
(6) Restoration of the High Pressure Gas Facility, Stennis
Space Center, $6,500,000.
(7) Construction of Addition for Flight Training and
Operations, Johnson Space Center, $13,000,000.
(8) Construction of Advanced Solid Rocket Motor Program
Facilities (various locations), $100,000,000.
(9) Modernization of Industrial Area Chilled Water System,
Kennedy Space Center, $4,000,000.
(10) Rehabilitation and Expansion of Communications Duct Banks,
Kennedy Space Center, $1,400,000.
(11) Replacement of 15 KV Load Break Switches, Kennedy Space
Center, $1,300,000.
(12) Repair of Site Water System, White Sands Test Facility,
$1,300,000.
(13) Replacement of Central Plant Chillers and Boiler, Johnson
Space Center, $5,700,000.
(14) Modifications to X-Ray Calibration Facility (XRCF),
Marshall Space Flight Center, $5,200,000.
(15) Restoration and Modernization of High Voltage Distribution
System, Goddard Space Flight Center, $7,000,000.
(16) Construction of Earth Observing System Data Information
System Facility, Goddard Space Flight Center, $17,000,000.
(17) Modernization of Main Electrical Substation, Jet
Propulsion Laboratory, $5,500,000.
(18) Restoration of Utilities, Wallops Flight Facility,
$3,500,000.
(19) Repair and Modernization of the 12-foot Pressure Wind
Tunnel, Ames Research Center, $25,000,000.
(20) Upgrade of Outdoor Aerodynamic Research Facility, Ames
Research Center, $3,300,000.
(21) Modernization of 16-foot Transonic Tunnel, Langley
Research Center, $3,400,000.
(22) Modifications to the High Pressure Air System, Langley
Research Center, $11,700,000.
(23) Rehabilitation of Central Air System, Lewis Research
Center, $5,600,000.
(24) Rehabilitation of Icing Research Tunnel, Lewis Research
Center, $2,600,000.
(25) Construction of Data Interface Facility, White Sands Test
Facility, $4,000,000.
(26) Rehabilitation of Tracking and Data Relay Satellite System
(TDRSS) Ground Terminal, White Sands Test Facility, $5,700,000.
(27) Repair of facilities at various locations, not in excess
of $1,000,000 per project, $31,700,000.
(28) Rehabilitation and modification of facilities at various
locations, not in excess of $1,000,000 per project, $34,800,000.
(29) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$750,000 per project, $12,900,000.
(30) Environmental compliance and restoration, $36,000,000.
(31) Facility planning and design, not otherwise provided for,
$34,000,000.
Notwithstanding the amounts authorized in paragraphs (1) through (31),
the total amount authorized by this subsection shall not exceed
$430,300,000.
(d) RESEARCH AND PROGRAM MANAGEMENT. -- There is authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1991, for "Research and program management",
$2,422,300,000.
(e) INSPECTOR GENERAL. -- There is authorized to be appropriated to
the National Aeronautics and Space Administration to become available
October 1, 1991, for "Inspector General", $14,600,000.
(f) USE OF FUNDS FOR CERTAIN CAPITAL ITEMS AND GRANTS. -- (1)
Notwithstanding the provisions of subsection (i), appropriations
authorized in this Act for "Research and development" and "Space flight,
control, and data communications" may be used --
(A) for any items of a capital nature (other than acquisition
of land) which may be required at locations other than
installations of the National Aeronautics and Space Administration
for the performance of research and development contracts; and
(B) for grants to nonprofit institutions of higher education,
or to nonprofit organizations whose primary purpose is the conduct
of scientific research, for purchase or construction of additional
research facilities.
(2) Title to facilities described in paragraph (1)(B) shall be vested
in the United States unless the Administrator determines that the
national program of aeronautical and space activities will best be
served by vesting title in the grantee institution or organization.
Each grant under paragraph (1)(B) shall be made under such conditions as
the Administrator shall determine to be required to ensure that the
United States will receive therefrom benefits adequate to justify the
making of that grant.
(3) None of the funds appropriated for "Research and development" and
"Space flight, control, and data communications" pursuant to this Act
may be used in accordance with this subsection for the construction of
any facility, the estimated cost of which, including collateral
equipment, exceeds $750,000, unless the Administrator has notified the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives of the nature, location, and estimated cost of such
facility.
(g) "42 USC 2459a" AVAILABILITY OF APPROPRIATED AMOUNTS. --
Appropriations authorized under this section for "Research and
development", for "Space flight, control, and data communications", or
for "Construction of facilities" may remain available until expended.
Appropriations authorized under this section for "Research and program
management" for maintenance and operation of facilities and for other
services shall remain available through the next fiscal year following
the fiscal year for which such amount is appropriated.
(h) USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS AND EXTRAORDINARY
EXPENSES. -- Appropriations made pursuant to subsection (d) may be
used, but not to exceed $35,000, for scientific consultations or
extraordinary expenses upon the approval or authority of the
Administrator, and the Administrator's determination shall be final and
conclusive upon the accounting officers of the Government.
(i) USE OF FUNDS FOR FACILITIES. -- (1) Except as provided in
subsection (f), funds appropriated pursuant to subsections (a), (b), and
(d) may be used for the construction of new facilities and additions to,
repair of, rehabilitation of, or modification of existing facilities,
but only if the cost of each such project, including collateral
equipment, does not exceed $200,000.
(2) Except as provided in subsection (f), funds appropriated pursuant
to subsections (a) and (b) may be used for unforeseen programmatic
facility project needs, but only if the cost of each such project,
including collateral equipment, does not exceed $750,000.
(3) Funds appropriated pursuant to subsection (d) may be used for
repair, rehabilitation, or modification of facilities controlled by the
General Services Administration, but only if the cost of each project,
including collateral equipment, does not exceed $500,000.
(j) CRAF/CASSINI MISSION. -- Section 103(a)(1)(S) of the National
Aeronautics and Space Administration Authorization Act, Fiscal Year 1991
(Public Law 101-611; 104 Stat. 3192), is amended --
(1) by striking "$1,600,000,000" and inserting in lieu thereof
"$1,900,000,000";
(2) in clause (i), by striking the semicolon at the end and
inserting in lieu thereof ", of which not more than $263,000,000
shall be available for fiscal year 1992;"; and
(3) in clause (iii), by striking "$640,000,000" and inserting
in lieu thereof "$940,000,000".
(k) TOTAL AUTHORIZATIONS FOR FISCAL YEARS 1993 AND 1994. -- There is
authorized to be appropriated to the National Aeronautics and Space
Administration for "Research and development", "Space flight, control,
and data communications", "Construction of facilities", "Research and
program management", and "Inspector General" a total amount of
$15,601,000,000 for fiscal year 1993, and $16,959,000,000, for fiscal
year 1994, to remain available until expended.
(l) REPROGRAMMING FOR TRANSATMOSPHERIC RESEARCH AND TECHNOLOGY. --
The Administrator may reprogram up to $67,000,000 of the amount
authorized for "Research and development" for fiscal year 1992 to use
for the purposes described in subsection (a)(13). No such funds may be
obligated until a period of 30 days has passed after the Administrator
has notified the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and Technology of the
House of Representatives of such transfer.
SEC. 5. CONSTRUCTION OF FACILITIES REPROGRAMMING.
Appropriations authorized under section 4(c)(1) through (31) --
(1) in the discretion of the Administrator or the
Administrator's designee, may be varied upward by 10 percent; or
(2) following a report by the Administrator or the
Administrator's designee to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives on the
circumstances of such action, may be varied upward by 25 percent,
to meet unusual cost variations.
The total amount authorized to be appropriated under section 4(c)(1)
through (31) shall not be increased as a result of actions authorized
under paragraphs (1) and (2).
SEC. 6. SPECIAL REPROGRAMMING AUTHORITY FOR CONSTRUCTION OF
FACILITIES.
Where the Administrator determines that new developments or
scientific or engineering changes in the national program of
aeronautical and space activities have occurred; and that such changes
require the use of additional funds for the purposes of construction,
expansion, or modification of facilities at any location; and that
deferral of such action until the enactment of the next authorization
Act would be inconsistent with the interest of the Nation in
aeronautical and space activities; the Administrator may transfer not
to exceed one-half of 1 percent of the funds appropriated pursuant to
section 4(a) and (b) to the "Construction of facilities" appropriation
for such purposes. The Administrator may also use up to $10,000,000 of
the amounts authorized under section 4(c) for such purposes. The funds
so made available pursuant to this section may be expended to acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment. No such funds may be obligated
until a period of 30 days has passed after the Administrator or the
Administrator's designee has transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a written report
describing the nature of the construction, its cost, and the reasons
therefor.
SEC. 7. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act --
(1) no amount appropriated pursuant to this Act may be used for
any program deleted by Congress from requests as originally made
to either the Committee on Commerce, Science, and Transportation
of the Senate or the Committee on Science, Space, and Technology
of the House of Representatives;
(2) no amount appropriated pursuant to this Act may be used for
any program in excess of the amount actually authorized for that
particular program by section 4(a), (b), and (d); and
(3) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to either such committee,
unless a period of 30 days has passed after the receipt, by each such
committee, of notice given by the Administrator or the Administrator's
designee containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action. The National Aeronautics and Space Administration
shall keep the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives fully and currently informed with respect to all
activities and responsibilities within the jurisdiction of those
committees. Any Federal department, agency, or independent
establishment shall furnish any information requested by either
committee relating to any such activity or responsibility.
SEC. 8. FACILITY MAINTENANCE OFFICE.
The Administrator shall create a Facility Maintenance Office within
the Office of Management Systems and Facilities which shall plan and
direct facilities maintenance management for all National Aeronautics
and Space Administration sites.
SEC. 9. "42 USC 2459" GEOGRAPHICAL DISTRIBUTION.
It is the sense of Congress that it is in the national interest that
consideration be given to geographical distribution of Federal research
funds whenever feasible, and that the National Aeronautics and Space
Administration should explore ways and means of distributing its
research and development funds whenever feasible.
SEC. 10. PEACEFUL USES OF SPACE STATION
No civil space station authorized under section 4(a)(1) of this Act
may be used to carry or place in orbit any nuclear weapon or any other
weapon of mass destruction, to install any such weapon on any celestial
body, or to station any such weapon in space in any other manner. This
civil space station may be used only for peaceful purposes.
SEC. 11. "42 USC 2473 note" TRANSMISSION OF BUDGET ESTIMATES.
The Administrator shall, at the time of submission of the President's
annual budget, transmit to Congress --
(1) a 5-year budget detailing the estimated development costs
for each individual program under the jurisdiction of the National
Aeronautics and Space Administration for which development costs
are expected to exceed $200,000,000; and
(2) an estimate of the life-cycle costs associated with each
such program.
SEC. 12. NATIONAL SCHOLARS PROGRAM FEASIBILITY STUDY.
(a) STUDY. -- The Administrator shall conduct a study to evaluate
the feasibility of initiating a National Scholars Program, as described
under subsection (b), under which a select group of students would
receive Federal support for education in mathematics, science, and
related disciplines. The purpose of the National Scholars Program would
be to help increase the number of Ph.D. recipients in mathematics,
science, and related disciplines among the Nation's economically
disadvantaged.
(b) DESCRIPTION OF NATIONAL SCHOLARS PROGRAM. -- Under the National
Scholars Program referred to in subsection (a), the Administrator would
--
(1) select economically disadvantaged high school students for
participation in science programs supported by the National
Aeronautics and Space Administration or other institutions where
they would receive specialized instruction in mathematics and
science and would learn about practical applications of
mathematics and science in the programs and activities of the
National Aeronautics and Space Administration; and
(2) select economically disadvantaged undergraduate and
graduate students as recipients of Federal financial support for
predoctoral and doctoral studies in mathematics, science, and
related disciplines.
(c) CONTENTS OF STUDY. -- The study required by subsection (a) shall
address, among other matters --
(1) whether the National Aeronautics and Space Administration
could adequately implement the National Scholars Program;
(2) different options for structuring the National Scholars
Program, including its establishment as a pilot program;
(3) the cost of the Program, with annual cost estimates for the
first 10 years of the Program;
(4) alternative funding sources for the Program;
(5) the criteria for selecting students for participation in
the Program;
(6) the appropriate number of students for annual participation
in the Program;
(7) the organizational location within the National Aeronautics
and Space Administration at which the Program and its activities
would be administered;
(8) the management of the Program;
(9) the possible ways in which the Program or its concepts can
be extended to other Federal agencies, State agencies, educational
institutions, and private organizations;
(10) the existence of any current public or private sector
programs which are similar to the Program, the benefits and
disadvantages of those similar programs, and whether a new program
would unnecessarily duplicate current efforts; and
(11) the extent to which existing Federal, State, and other
science education programs and activities could be used to
complement or supplement the Program.
(d) REPORT. -- Within 6 months after the date of enactment of this
Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report on the
results of the study required by subsection (a).
SEC. 13. COMMERCIAL SPACE LAUNCH ACT AUTHORIZATION.
Section 24 of the Commercial Space Launch Act (49 App. U.S.C. 2623)
is amended to read as follows:
"SEC. 24. There is authorized to be appropriated to the Secretary
for fiscal year 1992 --
"(1) $5,104,000 to carry out this Act; and
"(2) $20,000,000 for a program to ensure the resiliency of the
Nation's space launch infrastructure, only if a statute is enacted
into law to establish that program within the Department of
Transportation.".
SEC. 14. NATIONAL SPACE COUNCIL AUTHORIZATION.
(a) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out the activities of the National Space Council
established by section 501 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1989 "42 USC 2471 note"
(42 U.S.C. 2471), $1,491,000 for fiscal year 1992, of which not more
than $1,000 shall be available for official reception and representation
expenses. The National Space Council shall reimburse other agencies for
not less than one-half of the personnel compensation costs of
individuals detailed to it.
(b) LANDSAT DATA CONTINUITY. -- It is the sense of Congress that the
National Space Council, in coordination with the Committee on Earth and
Environmental Sciences, should establish policy recommendations for
carrying out the President's commitment to maintaining the continuity of
Landsat data, including plans and programs for a successor to Landsat 6,
organizational options and recommendations for acquiring Landsat data
for global change research, national security, environmental management,
and other governmental purposes, and options and recommendations for
encouraging the use of Landsat data by commercial firms and development
of the commercial market for such data. Such policy recommendations
shall be transmitted in writing to Congress at the time of submission of
the President's fiscal year 1993 budget.
SEC. 15. OFFICE OF SPACE COMMERCE AUTHORIZATION.
There are authorized to be appropriated to the Secretary of Commerce
for the Office of Space Commerce $491,000 for fiscal year 1992.
SEC. 16. AMENDMENT OF PUBLIC LAW 100-147.
Section 107(a) of the National Aeronautics and Space Administration
Authorization Act of 1988 "42 USC 2451 note" (Public Law 100-147; 101
Stat. 864) is amended --
(1) by inserting ", in both then year and constant dollars,"
immediately after "estimated cost";
(2) by inserting "assembly (including related costs);"
immediately after "construction of facilities;"; and
(3) by adding at the end the following new sentence: "Each
such plan shall also include the estimated cost, in both then year
and constant dollars, of operations for at least the first full
year of steady operations of the space station.".
SEC. 17. MULTIYEAR CONTRACTING.
Along with submission to Congress of the National Aeronautics and
Space Administration fiscal year 1993 budget request, the Administrator
shall --
(1) present a study which assesses the usefulness of granting
similar authority as under section 2306(h) of title 10, United
States Code, to the National Aeronautics and Space Administration;
and
(2) recommend no less than five candidate programs to be
considered by Congress for multiyear contracting.
SEC. 18. USE OF DOMESTIC PRODUCTS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMERICA" LABELS.
-- (1) A person shall not intentionally affix a label bearing the
inscription "Made in America", or any inscription with that meaning, to
any product sold in or shipped to the United States if that product is
not a domestic product.
(2) A person who violates paragraph (1) shall not be eligible for any
contract for a procurement carried out with amounts authorized under
this Act, including any subcontract under such a contract.
(b) COMPLIANCE WITH BUY AMERICAN ACT. -- (1) Except as provided in
paragraph (2), the head of each agency which conducts procurements shall
ensure that such procurements are conducted in compliance with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 10c,
popularly known as the "Buy American Act").
(2) This subsection shall apply only to procurements made for which
--
(A) amounts are authorized by this Act to be made available;
and
(B) solicitations for bids are issued after the date of
enactment of this Act.
(3) The Administrator, before January 1, 1994, shall report to the
Congress on procurements covered under this subsection of products that
are not domestic products.
(c) DEFINITIONS. -- For the purposes of this section, the term
"domestic product" means a product --
(1) that is manufactured or produced in the United States; and
(2) at least 50 percent of the cost of the articles, materials,
or supplies of which are mined, produced, or manufactured in the
United States.
SEC. 19. "42 USC 2459e" QUALITY ASSURANCE PERSONNEL.
(a) EXCLUSION OF NASA PERSONNEL. -- A person providing articles to
the National Aeronautics and Space Administration under a contract
entered into after the date of enactment of this Act may not exclude
National Aeronautics and Space Administration quality assurance
personnel from work sites except as provided in a contract provision
described in subsection (b).
(b) CONTRACT PROVISIONS. -- The National Aeronautics and Space
Administration shall not enter into any contract which permits the
exclusion of National Aeronautics and Space Administration quality
assurance personnel from work sites unless the Administrator has
submitted a copy of the provision permitting such exclusion to the
Congress at least 60 days before entering into such contract.
SEC. 20. "42 USC 2467a" NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION ENDEAVOR TEACHER FELLOWSHIP TRUST FUND.
(a) ESTABLISHMENT. -- There is established in the Treasury of the
United States, in tribute to the dedicated crew of the Space Shuttle
Challenger, a trust fund to be known as the "National Aeronautics and
Space Administration Endeavor Teacher Fellowship Trust Fund" (hereafter
in this section referred to as the "Trust Fund"). The Trust Fund shall
consist of gifts and donations accepted by the National Aeronautics and
Space Administration pursuant to section 208 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2476b), as well as other amounts which
may from time to time, at the discretion of the Administrator, be
transferred from the National Aeronautics and Space Administration Gifts
and Donations Trust Fund.
(b) INVESTMENT OF TRUST FUND. -- The Administrator shall direct the
Secretary of the Treasury to invest and reinvest funds in the Trust Fund
in public debt securities with maturities suitable for the needs of the
Trust Fund, and bearing interest at rates determined by the Secretary of
the Treasury, taking into consideration the current average market yield
on outstanding marketable obligations of the United States of comparable
maturities. Interest earned shall be credited to the Trust Fund.
(c) PURPOSE. -- Income accruing from the Trust Fund principal shall
be used to create the National Aeronautics and Space Administration
Endeavor Teacher Fellowship Program, to the extent provided in advance
in appropriation Acts. The Administrator is authorized to use such
funds to award fellowships to selected United States nationals who are
undergraduate students pursuing a course of study leading to certified
teaching degrees in elementary education or in secondary education in
mathematics, science, or technology disciplines. Awards shall be made
pursuant to standards established for the fellowship program by the
Administrator.
SEC. 21. DRUG AND ALCOHOL TESTING.
(a) SHORT TITLE. -- This section may be cited as the "Civil Space
Employee Testing Act "42 USC 2473c" of 1991".
(b) FINDINGS. -- The Congress finds that --
(1) alcohol abuse and illegal drug use pose significant dangers
to the safety and welfare of the Nation;
(2) the success of the United States civil space program is
contingent upon the safe and successful development and deployment
of the many varied components of that program;
(3) the greatest efforts must be expended to eliminate the
abuse of alcohol and use of illegal drugs, whether on duty or off
duty, by those individuals who are involved in the positions
affecting safety, security, and national security;
(4) the use of alcohol and illegal drugs has been demonstrated
to adversely affect the performance of individuals, and has been
proven to have been a critical factor in accidents in the
workplace;
(5) the testing of uniformed personnel of the Armed Forces has
shown that the most effective deterrent to abuse of alcohol and
use of illegal drugs is increased testing, including random
testing;
(6) adequate safeguards can be implemented to ensure that
testing for abuse of alcohol or use of illegal drugs is performed
in a manner which protects an individual's right of privacy,
ensures that no individual is harassed by being treated
differently from other individuals, and ensures that no
individual's reputation or career development is unduly threatened
or harmed; and
(7) rehabilitation is a critical component of any testing
program for abuse of alcohol or use of illegal drugs, and should
be made available to individuals, as appropriate.
(c) TESTING PROGRAM. -- (1) The Administrator shall establish a
program applicable to employees of the National Aeronautics and Space
Administration whose duties include responsibility for safety-sensitive,
security, or national security functions. Such program shall provide
for preemployment, reasonable suspicion, random, and post-accident
testing for use, in violation of applicable law or Federal regulation,
of alcohol or a controlled substance. The Administrator may also
prescribe regulations, as the Administrator considers appropriate in the
interest of safety, security, and national security, for the conduct of
periodic recurring testing of such employees for such use in violation
of applicable law or Federal regulation.
(2) The Administrator shall, in the interest of safety, security, and
national security, prescribe regulations within 18 months after the date
of enactment of this Act. Such regulations shall establish a program
which requires National Aeronautics and Space Administration contractors
to conduct preemployment, reasonable suspicion, random, and
post-accident testing of contractor employees responsible for
safety-sensitive, security, or national security functions (as
determined by the Administrator) for use, in violation of applicable law
or Federal regulation, of alcohol or a controlled substance. The
Administrator may also prescribe regulations, as the Administrator
considers appropriate in the interest of safety, security, and national
security, for the conduct of periodic recurring testing of such
employees for such use in violation of applicable law or Federal
regulation.
(3) In prescribing regulations under the programs required by this
subsection, the Administrator shall require, as the Administrator
considers appropriate, the suspension, disqualification, or dismissal of
any employee to which paragraph (1) or (2) applies, in accordance with
the provisions of this section, in any instance where a test conducted
and confirmed under this section indicates that such employee has used,
in violation of applicable law or Federal regulation, alcohol or a
controlled substance.
(d) PROHIBITION ON SERVICE. -- (1) No individual who is determined
by the Administrator under this section to have used, in violation of
applicable law or Federal regulation, alcohol or a controlled substance
after the date of enactment of this Act shall serve as a National
Aeronautics and Space Administration employee with responsibility for
safety-sensitive, security, or national security functions (as
determined by the Administrator), or as a National Aeronautics and Space
Administration contractor employee with such responsibility, unless such
individual has completed a program of rehabilitation described in
subsection (e).
(2) Any such individual determined by the Administrator under this
section to have used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance after the date of
enactment of this Act who --
(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a
rehabilitation program described in subsection (e);
(C) following such determination refuses to undertake such a
rehabilitation program; or
(D) following such determination fails to complete such a
rehabilitation program,
shall not be permitted to perform the duties which such individual
performed prior to the date of such determination.
(e) PROGRAM FOR REHABILITATION. -- (1) The Administrator shall
prescribe regulations setting forth requirements for rehabilitation
programs which at a minimum provide for the identification and
opportunity for treatment of employees referred to in subsection (c) in
need of assistance in resolving problems with the use, in violation of
applicable law or Federal regulation, of alcohol or a controlled
substance. Each contractor is encouraged to make such a program
available to all of its employees in addition to those employees
referred to in subsection (c)(2). The Administrator shall determine the
circumstances under which such employees shall be required to
participate in such a program. Nothing in this subsection shall
preclude any National Aeronautics and Space Administration contractor
from establishing a program under this subsection in cooperation with
any other such contractor.
(2) The Administrator shall establish and maintain a rehabilitation
program which at a minimum provides for the identification and
opportunity for treatment of those employees of the National Aeronautics
and Space Administration whose duties include responsibility for
safety-sensitive, security, or national security functions who are in
need of assistance in resolving problems with the use of alcohol or
controlled substances.
(f) PROCEDURES FOR TESTING. -- In establishing the programs required
under subsection (c), the Administrator shall develop requirements which
shall --
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for
controlled substances, incorporate the Department of Health and
Human Services scientific and technical guidelines dated April 11,
1988, and any subsequent amendments thereto, including mandatory
guidelines which --
(A) establish comprehensive standards for all aspects of
laboratory controlled substances testing and laboratory procedures
to be applied in carrying out this section, including standards
which require the use of the best available technology for
ensuring the full reliability and accuracy of controlled
substances tests and strict procedures governing the chain of
custody of specimen samples collected for controlled substances
testing;
(B) establish the minimum list of controlled substances for
which individuals may be tested; and
(C) establish appropriate standards and procedures for periodic
review of laboratories and criteria for certification and
revocation of certification of laboratories to perform controlled
substances testing in carrying out this section;
(3) require that all laboratories involved in the controlled
substances testing of any individual under this section shall have
the capability and facility, at such laboratory, of performing
screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation
of applicable law or Federal regulation, of alcohol or a
controlled substance by any individual shall be confirmed by a
scientifically recognized method of testing capable of providing
quantitative data regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured,
and labelled in the presence of the tested individual and that a
portion thereof be retained in a secure manner to prevent the
possibility of tampering, so that in the event the individual's
confirmation test results are positive the individual has an
opportunity to have the retained portion assayed by a confirmation
test done independently at a second certified laboratory if the
individual requests the independent test within 3 days after being
advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including urine
and blood, through the development of regulations as may be
necessary and in consultation with the Department of Health and
Human Services;
(7) provide for the confidentiality of test results and medical
information of employees; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(g) EFFECT ON OTHER LAWS AND REGULATIONS. -- (1) No State or local
government shall adopt or have in effect any law, rule, regulation,
ordinance, standard, or order that is inconsistent with the regulations
promulgated under this section.
(2) Nothing in this section shall be construed to restrict the
discretion of the Administrator to continue in force, amend, or further
supplement any regulations issued before the date of enactment of this
Act that govern the use of alcohol and controlled substances by National
Aeronautics and Space Administration employees with responsibility for
safety-sensitive, security, and national security functions (as
determined by the Administrator), or by National Aeronautics and Space
Administration contractor employees with such responsibility.
(h) DEFINITION. -- For the purposes of this section, the term
"controlled substance" means any substance under section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)) specified by the
Administrator.
Approved December 9, 1991.
LEGISLATIVE HISTORY -- H.R. 1988:
HOUSE REPORTS: No. 102-41 (Comm. on Science, Space, and Technology).
SENATE REPORTS: No. 102-97 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 137 (1991): May 2, considered and passed
House. Sept. 27, considered and passed Senate, amended. Nov. 7, House
concurred in Senate amendment with an amendment. Nov. 22, Senate
concurred in House amendment.
Public Law 102-194, 105 Stat. 1594
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 "15 USC 5501 note" may be cited as the "High-Performance
Computing Act of 1991".
SEC. 2. "15 USC 5501" FINDINGS.
The Congress finds the following:
(1) Advances in computer science and technology are vital to
the Nation's prosperity, national and economic security,
industrial production, engineering, and scientific advancement.
(2) The United States currently leads the world in the
development and use of high-performance computing for national
security, industrial productivity, science, and engineering, but
that lead is being challenged by foreign competitors.
(3) Further research and development, expanded educational
programs, improved computer research networks, and more effective
technology transfer from government to industry are necessary for
the United States to reap fully the benefits of high-performance
computing.
(4) A high-capacity and high-speed national research and
education computer network would provide researchers and educators
with access to computer and information resources and act as a
test bed for further research and development of high-capacity and
high-speed computer networks.
(5) Several Federal agencies have ongoing high-performance
computing programs, but improved long-term interagency
coordination, cooperation, and planning would enhance the
effectiveness of these programs.
(6) A 1991 report entitled "Grand Challenges: High-Performance
Computing and Communications" by the Office of Science and
Technology Policy, outlining a research and development strategy
for high-performance computing, provides a framework for a
multiagency high-performance computing program. Such a program
would provide American researchers and educators with the computer
and information resources they need, and demonstrate how advanced
computers, high-capacity and high-speed networks, and electronic
data bases can improve the national information infrastructure for
use by all Americans.
SEC. 3. "15 USC 5502" PURPOSE.
The purpose of this Act is to help ensure the continued leadership of
the United States in high-performance computing and its applications by
--
(1) expanding Federal support for research, development, and
application of high-performance computing in order to --
(A) establish a high-capacity and high-speed National Research
and Education Network;
(B) expand the number of researchers, educators, and students
with training in high-performance computing and access to
high-performance computing resources;
(C) promote the further development of an information
infrastructure of data bases, services, access mechanisms, and
research facilities available for use through the Network;
(D) stimulate research on software technology;
(E) promote the more rapid development and wider distribution
of computing software tools and applications software;
(F) accelerate the development of computing systems and
subsystems;
(G) provide for the application of high-performance computing
to Grand Challenges;
(H) invest in basic research and education, and promote the
inclusion of high-performance computing into educational
institutions at all levels; and
(I) promote greater collaboration among government, Federal
laboratories, industry, high-performance computing centers, and
universities; and
(2) improving the interagency planning and coordination of
Federal research and development on high-performance computing and
maximizing the effectiveness of the Federal Government's
high-performance computing efforts.
SEC. 4. "15 USC 5503" DEFINITIONS.
As used in this Act, the term --
(1) "Director" means the Director of the Office of Science and
Technology Policy;
(2) "Grand Challenge" means a fundamental problem in science or
engineering, with broad economic and scientific impact, whose
solution will require the application of high-performance
computing resources;
(3) "high-performance computing" means advanced computing,
communications, and information technologies, including scientific
workstations, supercomputer systems (including vector
supercomputers and large scale parallel systems), high-capacity
and high-speed networks, special purpose and experimental systems,
and applications and systems software;
(4) "Network" means a computer network referred to as the
National Research and Education Network established under section
102; and
(5) "Program" means the National High-Performance Computing
Program described in section 101.
SEC. 101. "15 USC 5511" NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM.
(a) NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM. -- (1) The
President shall implement a National High-Performance Computing Program,
which shall --
(A) establish the goals and priorities for Federal
high-performance computing research, development, networking, and
other activities; and
(B) provide for interagency coordination of Federal
high-performance computing research, development, networking, and
other activities undertaken pursuant to the Program.
(2) The Program shall --
(A) provide for the establishment of policies for management
and access to the Network;
(B) provide for oversight of the operation and evolution of the
Network;
(C) promote connectivity among computer networks of Federal
agencies and departments;
(D) provide for efforts to increase software availability,
productivity, capability, portability, and reliability;
(E) provide for improved dissemination of Federal agency data
and electronic information;
(F) provide for acceleration of the development of
high-performance computing systems, subsystems, and associated
software;
(G) provide for the technical support and research and
development of high-performance computing software and hardware
needed to address Grand Challenges;
(H) provide for educating and training additional undergraduate
and graduate students in software engineering, computer science,
library and information science, and computational science; and
(I) provide --
(i) for the security requirements, policies, and standards
necessary to protect Federal research computer networks and
information resources accessible through Federal research computer
networks, including research required to establish security
standards for high-performance computing systems and networks;
and
(ii) that agencies and departments identified in the annual
report submitted under paragraph (3)(A) shall define and implement
a security plan consistent with the Program and with applicable
law.
(3) The Director shall --
(A) submit to the Congress an annual report, along with the
President's annual budget request, describing the implementation
of the Program;
(B) provide for interagency coordination of the Program; and
(C) consult with academic, State, industry, and other
appropriate groups conducting research on and using
high-performance computing.
(4) The annual report submitted under paragraph (3)(A) shall --
(A) include a detailed description of the goals and priorities
established by the President for the Program;
(B) set forth the relevant programs and activities, for the
fiscal year with respect to which the budget submission applies,
of each Federal agency and department, including --
(i) the Department of Agriculture;
(ii) the Department of Commerce;
(iii) the Department of Defense;
(iv) the Department of Education;
(v) the Department of Energy;
(vi) the Department of Health and Human Services;
(vii) the Department of the Interior;
(viii) the Environmental Protection Agency;
(ix) the National Aeronautics and Space Administration;
(x) the National Science Foundation; and
(xi) such other agencies and departments as the President or
the Director considers appropriate;
(C) describe the levels of Federal funding for the fiscal year
during which such report is submitted, and the levels proposed for
the fiscal year with respect to which the budget submission
applies, for specific activities, including education, research,
hardware and software development, and support for the
establishment of the Network;
(D) describe the levels of Federal funding for each agency and
department participating in the Program for the fiscal year during
which such report is submitted, and the levels proposed for the
fiscal year with respect to which the budget submission applies;
and
(E) include an analysis of the progress made toward achieving
the goals and priorities established for the Program.
(b) HIGH-PERFORMANCE COMPUTING ADVISORY COMMITTEE. -- The President
shall establish an advisory committee on high-performance computing
consisting of non-Federal members, including representatives of the
research, education, and library communities, network providers, and
industry, who are specially qualified to provide the Director with
advice and information on high-performance computing. The
recommendations of the advisory committee shall be considered in
reviewing and revising the Program. The advisory committee shall
provide the Director with an independent assessment of --
(1) progress made in implementing the Program;
(2) the need to revise the Program;
(3) the balance between the components of the Program;
(4) whether the research and development undertaken pursuant to
the Program is helping to maintain United States leadership in
computing technology; and
(5) other issues identified by the Director.
(c) OFFICE OF MANAGEMENT AND BUDGET. -- (1) Each Federal agency and
department participating in the Program shall, as part of its annual
request for appropriations to the Office of Management and Budget,
submit a report to the Office of Management and Budget which --
(A) identifies each element of its high-performance computing
activities which contributes directly to the Program or benefits
from the Program; and
(B) states the portion of its request for appropriations that
is allocated to each such element.
(2) The Office of Management and Budget shall review each such report
in light of the goals, priorities, and agency and departmental
responsibilities set forth in the annual report submitted under
subsection (a)(3)(A), and shall include, in the President's annual
budget estimate, a statement of the portion of each appropriate agency's
or department's annual budget estimate relating to its activities
undertaken pursuant to the Program.
SEC. 102. "15 USC 5512" NATIONAL RESEARCH AND EDUCATION NETWORK.
(a) ESTABLISHMENT. -- As part of the Program, the National Science
Foundation, the Department of Defense, the Department of Energy, the
Department of Commerce, the National Aeronautics and Space
Administration, and other agencies participating in the Program shall
support the establishment of the National Research and Education
Network, portions of which shall, to the extent technically feasible, be
capable of transmitting data at one gigabit per second or greater by
1996. The Network shall provide for the linkage of research
institutions and educational institutions, government, and industry in
every State.
(b) ACCESS. -- Federal agencies and departments shall work with
private network service providers, State and local agencies, libraries,
educational institutions and organizations, and others, as appropriate,
in order to ensure that the researchers, educators, and students have
access, as appropriate, to the Network. The Network is to provide users
with appropriate access to high-performance computing systems,
electronic information resources, other research facilities, and
libraries. The Network shall provide access, to the extent practicable,
to electronic information resources maintained by libraries, research
facilities, publishers, and affiliated organizations.
(c) NETWORK CHARACTERISTICS. -- The Network shall --
(1) be developed and deployed with the computer,
telecommunications, and information industries;
(2) be designed, developed, and operated in collaboration with
potential users in government, industry, and research institutions
and educational institutions;
(3) be designed, developed, and operated in a manner which
fosters and maintains competition and private sector investment in
high-speed data networking within the telecommunications industry;
(4) be designed, developed, and operated in a manner which
promotes research and development leading to development of
commercial data communications and telecommunications standards,
whose development will encourage the estblishment of privately
operated high-speed commercial networks;
(5) be designed and operated so as to ensure the continued
application of laws that provide network and information resources
security measures, including those that protect copyright and
other intellectual property rights, and those that control access
to data bases and protect national security;
(6) have accounting mechanisms which allow users or groups of
users to be charged for their usage of copyrighted materials
available over the Network and, where appropriate and technically
feasible, for their usage of the Network;
(7) ensure the interoperability of Federal and non-Federal
computer networks, to the extent appropriate, in a way that allows
autonomy for each component network;
(8) be developed by purchasing standard commercial transmission
and network services from vendors whenever feasible, and by
contracting for customized services when not feasible, in order to
minimize Federal investment in network hardware;
(9) support research and development of networking software and
hardware; and
(10) serve as a test bed for further research and development
of high-capacity and high-speed computing networks and demonstrate
how advanced computers, high-capacity and high-speed computing
networks, and data bases can improve the national information
infrastructure.
(d) DEFENSE ADVANCED RESEARCH PROJECTS AGENCY RESPONSIBILITY. -- As
part of the Program, the Department of Defense, through the Defense
Advanced Research Projects Agency, shall support research and
development of advanced fiber optics technology, switches, and protocols
needed to develop the Network.
(e) INFORMATION SERVICES. -- The Director shall assist the President
in coordinating the activities of appropriate agencies and departments
to promote the development of information services that could be
provided over the Network. These services may include the provision of
directories of the users and services on computer networks, data bases
of unclassified Federal scientific data, training of users of data bases
and computer networks, access to commercial information services for
users of the Network, and technology to support computer-based
collaboration that allows researchers and educators around the Nation to
share information and instrumentation.
(f) USE OF GRANT FUNDS. -- All Federal agencies and departments are
authorized to allow recipients of Federal research grants to use grant
moneys to pay for computer networking expenses.
(g) REPORT TO CONGRESS. -- Within one year after the date of
enactment of this Act, the Director shall report to the Congress on --
(1) effective mechanisms for providing operating funds for the
maintenance and use of the Network, including user fees, industry
support, and continued Federal investment;
(2) the future operation and evolution of the Network;
(3) how commercial information service providers could be
charged for access to the Network, and how Network users could be
charged for such commercial information services;
(4) the technological feasibility of allowing commercial
information service providers to use the Network and other
federally funded research networks;
(5) how to protect the copyrights of material distributed over
the Network; and
(6) appropriate policies to ensure the security of resources
available on the Network and to protect the privacy of users of
networks.
SEC. 201. "15 USC 5521" NATIONAL SCIENCE FOUNDATION ACTIVITIES.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I --
(1) the National Science Foundation shall provide computing and
networking infrastructure support for all science and engineering
disciplines, and support basic research and human resource
development in all aspects of high-performance computing and
advanced high-speed computer networking;
(2) to the extent that colleges, universities, and libraries
cannot connect to the Network with the assistance of the private
sector, the National Science Foundation shall have primary
responsibility for assisting colleges, universities, and libraries
to connect to the Network;
(3) the National Science Foundation shall serve as the primary
source of information on access to and use of the Network; and
(4) the National Science Foundation shall upgrade the National
Science Foundation funded network, assist regional networks to
upgrade their capabilities, and provide other Federal departments
and agencies the opportunity to connect to the National Science
Foundation funded network.
(b) AUTHORIZATION OF APPROPRIATIONS. -- From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the National Science Foundation for the purposes of the Program
$213,000,000 for fiscal year 1992; $262,000,000 for fiscal year 1993;
$305,000,000 for fiscal year 1994; $354,000,000 for fiscal year 1995;
and $413,000,000 for fiscal year 1996.
SEC. 202. "15 USC 5522" NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION ACTIVITIES.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I, the National Aeronautics and Space Administration shall conduct
basic and applied research in high-performance computing, particularly
in the field of computational science, with emphasis on aerospace
sciences, earth and space sciences, and remote exploration and
experimentation.
(b) AUTHORIZATION OF APPROPRIATIONS. -- From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the National Aeronautics and Space Administration for the purposes of
the Program $72,000,000 for fiscal year 1992; $107,000,000 for fiscal
year 1993; $134,000,000 for fiscal year 1994; $151,000,000 for fiscal
year 1995; and $145,000,000 for fiscal year 1996.
SEC. 203. "15 USC 5523" DEPARTMENT OF ENERGY ACTIVITIES.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I, the Secretary of Energy shall --
(1) perform research and development on, and systems
evaluations of, high-performance computing and communications
systems;
(2) conduct computational research with emphasis on energy
applications;
(3) support basic research, education, and human resources in
computational science; and
(4) provide for networking infrastructure support for
energy-related mission activities.
(b) COLLABORATIVE CONSORTIA. -- In accordance with the Program, the
Secretary of Energy shall establish High-Performance Computing Research
and Development Collaborative Consortia by soliciting and selecting
proposals. Each Collaborative Consortium shall --
(1) conduct research directed at scientific and technical
problems whose solutions require the application of
high-performance computing and communications resources;
(2) promote the testing and uses of new types of
high-performance computing and related software and equipment;
(3) serve as a vehicle for participating vendors of
high-performance computing systems to test new ideas and
technology in a sophisticated computing environment; and
(4) be led by a Department of Energy national laboratory, and
include participants from Federal agencies and departments,
researchers, private industry, educational institutions, and
others as the Secretary of Energy may deem appropriate.
(c) TECHNOLOGY TRANSFER. -- The results of research and development
carried out under this section shall be transferred to the private
sector and others in accordance with applicable law.
(d) ANNUAL REPORTS TO CONGRESS. -- Within one year after the date of
enactment of this Act and every year thereafter, the Secretary of Energy
shall transmit to the Congress a report on activities taken to carry out
this Act.
(e) AUTHORIZATION OF APPROPRIATIONS. -- (1) There are authorized to
be appropriated to the Secretary of Energy for the purposes of the
Program $93,000,000 for fiscal year 1992; $110,000,000 for fiscal year
1993; $138,000,000 for fiscal year 1994; $157,000,000 for fiscal year
1995; and $169,000,000 for fiscal year 1996.
(2) There are authorized to be appropriated to the Secretary of
Energy for fiscal years 1992, 1993, 1994, 1995, and 1996, such funds as
may be necessary to carry out the activities that are not part of the
Program but are authorized by this section.
SEC. 204. "15 USC 5524" DEPARTMENT OF COMMERCE ACTIVITIES.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I --
(1) the National Institute of Standards and Technology shall --
(A) conduct basic and applied measurement research needed to
support various high-performance computing systems and networks;
(B) develop and propose standards and guidelines, and develop
measurement techniques and test methods, for the interoperability
of high-performance computing systems in networks and for common
user interfaces to systems; and
(C) be responsible for developing benchmark tests and standards
for high-performance computing systems and software; and
(2) the National Oceanic and Atmospheric Administration shall
conduct basic and applied research in weather prediction and ocean
sciences, particularly in development of new forecast models, in
computational fluid dynamics, and in the incorporation of evolving
computer architectures and networks into the systems that carry
out agency missions.
(b) HIGH-PERFORMANCE COMPUTING AND NETWORK SECURITY. -- Pursuant to
the Computer Security Act of 1987 (Public Law 100-235; 101 Stat. 1724),
the National Institute of Standards and Technology shall be responsible
for developing and proposing standards and guidelines needed to assure
the cost-effective security and privacy of sensitive information in
Federal computer systems.
(c) STUDY OF IMPACT OF FEDERAL PROCUREMENT REGULATIONS. -- (1) The
Secretary of Commerce shall conduct a study to --
(A) evaluate the impact of Federal procurement regulations that
require that contractors providing software to the Federal
Government share the rights to proprietary software development
tools that the contractors use to develop the software; and
(B) determine whether such regulations discourage development
of improved software development tools and techniques.
(2) The Secretary of Commerce shall, within one year after the date
of enactment of this Act, report to the Congress regarding the results
of the study conducted under paragraph (1).
(d) AUTHORIZATION OF APPROPRIATIONS. -- From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
--
(1) to the National Institute of Standards and Technology for
the purposes of the Program $3,000,000 for fiscal year 1992;
$4,000,000 for fiscal year 1993; $5,000,000 for fiscal year 1994;
$6,000,000 for fiscal year 1995; and $7,000,000 for fiscal year
1996; and
(2) to the National Oceanic and Atmospheric Administration for
the purposes of the Program $2,500,000 for fiscal year 1992;
$3,000,000 for fiscal year 1993; $3,500,000 for fiscal year 1994;
$4,000,000 for fiscal year 1995; and $4,500,000 for fiscal year
1996.
SEC. 205. "15 USC 5525" ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I, the Environmental Protection Agency shall conduct basic and
applied research directed toward the advancement and dissemination of
computational techniques and software tools which form the core of
ecosystem, atmospheric chemistry, and atmospheric dynamics models.
(b) AUTHORIZATION OF APPROPRIATIONS. -- From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the Environmental Protection Agency for the purposes of the Program
$5,000,000 for fiscal year 1992; $5,500,000 for fiscal year 1993;
$6,000,000 for fiscal year 1994; $6,500,000 for fiscal year 1995; and
$7,000,000 for fiscal year 1996.
SEC. 206. "15 USC 5526" ROLE OF THE DEPARTMENT OF EDUCATION.
(a) GENERAL RESPONSIBILITIES. -- As part of the Program described in
title I, the Secretary of Education is authorized to conduct basic and
applied research in computational research with an emphasis on the
coordination of activities with libraries, school facilities, and
education research groups with respect to the advancement and
dissemination of computational science and the development, evaluation
and application of software capabilities.
(b) AUTHORIZATION OF APPROPRIATIONS. -- From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the Department of Education for the purposes of this section
$1,500,000 for fiscal year 1992; $1,700,000 for fiscal year 1993;
$1,900,000 for fiscal year 1994; $2,100,000 for fiscal year 1995; and
$2,300,000 for fiscal year 1996.
SEC. 207. "15 USC 5527" MISCELLANEOUS PROVISIONS.
(a) NONAPPLICABILITY. -- Except to the extent the appropriate
Federal agency or department head determines, the provisions of this Act
shall not apply to --
(1) programs or activities regarding computer systems that
process classified information; or
(2) computer systems the function, operation, or use of which
are those delineated in paragraphs (1) through (5) of section
2315(a) of title 10, United States Code.
(b) ACQUISITION OF PROTOTYPE AND EARLY PRODUCTION MODELS. -- In
accordance with Federal contracting law, Federal agencies and
departments participating in the Program may acquire prototype or early
production models of new high-performance computing systems and
subsystems to stimulate hardware and software development. Items of
computing equipment acquired under this subsection shall be considered
research computers for purposes of applicable acquisition regulations.
SEC. 208. "15 USC 5528" FOSTERING UNITED STATES COMPETITIVENESS IN
HIGH-PERFORMANCE COMPUTING AND RELATED ACTIVITIES.
(a) FINDINGS. -- The Congress finds the following:
(1) High-performance computing and associated technologies are
critical to the United States economy.
(2) While the United States has led the development of
high-performance computing, United States industry is facing
increasing global competition.
(3) Despite existing international agreements on fair
competition and nondiscrimination in government procurements,
there is increasing concern that such agreements are not being
honored, that more aggressive enforcement of such agreements is
needed, and that additional steps may be required to ensure fair
global competition, particularly in high-technology fields such as
high-performance computing and associated technologies.
(4) It is appropriate for Federal agencies and departments to
use the funds authorized for the Program in a manner which most
effectively fosters the maintenance and development of United
States leadership in high-performance computers and associated
technologies in and for the benefit of the United States.
(5) It is appropriate for Federal agencies and departments to
use the funds authorized for the Program in a manner, consistent
with the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.),
which most effectively fosters reciprocal competitive procurement
treatment by foreign governments for United States
high-performance computing and associated technology products and
suppliers.
(b) ANNUAL REPORT. --
(1) REPORT. -- The Director shall submit an annual report to
Congress that identifies --
(A) any grant, contract, cooperative agreement, or cooperative
research and development agreement (as defined under section
12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(d)(1)) made or entered into by any Federal agency
or department for research and development under the Program with
--
(i) any company other than a company that is either
incorporated or located in the United States, and that has
majority ownership by individuals who are citizens of the United
States; or
(ii) any educational institution or nonprofit institution
located outside the United States; and
(B) any procurement exceeding $1,000,000 by any Federal agency
or department under the Program for --
(i) unmanufactured articles, materials, or supplies mined or
produced outside the United States; or
(ii) manufactured articles, materials, or supplies other than
those manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or manufactured
in the United States,
under the meaning of title III of the Act of March 3, 1933 (41
U.S.C. 10a-10d; popularly known as the Buy American Act) as
amended by the Buy American Act of 1988.
(2) CONSOLIDATION OF REPORTS. -- The report required by this
subsection may be included with the report required by section
101(a)(3)(A).
(c) REVIEW OF SUPERCOMPUTER AGREEMENT. --
(1) REPORT. -- The Under Secretary for Technology
Administration of the Department of Commerce (in this subsection
referred to as the "Under Secretary") shall conduct a
comprehensive study of the revised "Procedures to Introduce
Supercomputers" and the accompanying exchange of letters between
the United States and Japan dated June 15, 1990 (commonly referred
to as the "Supercomputer Agreement") to determine whether the
goals and objectives of such Agreement have been met and to
analyze the effects of such Agreement on United States and
Japanese supercomputer manufacturers. Within 180 days after the
date of enactment of this Act, the Under Secretary shall submit a
report to Congress containing the results of such study.
(2) CONSULTATION. -- In conducting the comprehensive study
under this subsection, the Under Secretary shall consult with
appropriate Federal agencies and departments and with United
States manufacturers of supercomputers and other appropriate
private sector entities.
(d) APPLICATION OF BUY AMERICAN ACT. -- This Act does not affect the
applicability of title III of the Act of March 3, 1933 (41 U.S.C.
10a-10d; popularly known as the Buy American Act), as amended by the
Buy American Act of 1988, to procurements by Federal agencies and
departments undertaken as a part of the Program.
Approved December 9, 1991.
LEGISLATIVE HISTORY -- S. 272 (H.R. 656):
HOUSE REPORTS: No. 102-66, Pt. 1 (Comm. on Science, Space, and
Technology) and Pt. 2 (Comm. on Education and Labor), both accompanying
H.R. 656.
SENATE REPORTS: No. 102-57 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 137 (1991): July 11, H.R. 656 considered
and passed House. Sept. 11, S. 272 considered and passed Senate. H.R.
656 considered and passed Senate, amended. Nov. 20, S. 272 considered
and passed House, amended. Nov. 22, Senate concurred in House
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Dec.
9, Presidential remarks.
Public Law 102-193, 105 Stat. 1593
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TEMPORARY EXTENSION OF THE DEFENSE PRODUCTION ACT OF
1950.
The first sentence of section 717(a) of the Defense Production Act of
1950 (50 U.S.C. App. 2166(a)) is amended by striking "September 30,
1991" and inserting "March 1, 1992".
SEC. 2. EFFECTIVE DATE.
This Act "50 USC app. 2166 note" shall take effect on September 30,
1991.
Approved December 6, 1991.
LEGISLATIVE HISTORY -- H.R. 3919:
CONGRESSIONAL RECORD, Vol. 137 (1991): Nov. 26, considered and
passed House. Nov. 27, considered and passed Senate.
Public Law 102-192, 105 Stat. 1592
Whereas the Congress in the Americans with Disabilities Act of 1990
found that there are 43,000,000 individuals with disabilities in this
Nation;
Whereas 70 percent of all Americans will, at some time in their
lives, have a temporary or permanent disability that will prevent them
from climbing stairs;
Whereas 32,000,000 Americans are currently over age 65 and many older
citizens acquire vision, hearing, and physical disabilities as part of
the aging process;
Whereas many older Americans who acquire a disability are forced to
leave their homes because the homes are no longer accessible to them;
Whereas 1 out of every 3 persons in the United States will need
housing that is accessible to the disabled at some point in their lives;
Whereas the need for accessible single-family homes is growing;
Whereas the need for public information and education in the area of
accessible single-family homes is increasing;
Whereas this Nation has placed a high priority on integrating
Americans with disabilities into our towns and communities;
Whereas the private sector has helped increase public awareness of
the need for accessible housing, as exemplified by the national public
education campaign conducted by the National Easter Seal Society and
Century 21 Real Estate Corporation, entitled "Easy Access Housing for
Easier Living"; and
Whereas increased public awareness of the need for accessible housing
should prompt the participation of civic leaders, and representatives
and officials of State and local governments, in the drive to meet this
need: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of November
1991, is designated as "National Accessible Housing Month". The
President is authorized and requested to issue a proclamation calling
upon the people of the United States to observe the month with
appropriate programs and activities.
Approved December 5, 1991.
LEGISLATIVE HISTORY -- S.J. Res. 184:
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 4, considered and passed
Senate. Nov. 22, considered and passed House.
Public Law 102-191, 105 Stat. 1589
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 "15 USC 631 note" may be cited as the "Women's Business
Development Act of 1991".
SEC. 2. WOMEN'S DEMONSTRATION PROJECTS.
The Small Business Act is amended by adding at the end the following
new section:
"SEC. 28. "15 USC 656" (a) The Administration may provide financial
assistance to private organizations to conduct 3-year demonstration
projects for the benefit of small business concerns owned and controlled
by women. The projects shall provide --
"(1) financial assistance, including training and counseling in
how to apply for and secure business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a business
concern;
"(2) management assistance, including training and counseling
in how to plan, organize, staff, direct, and control each major
activity and function of a small business concern; and
"(3) marketing assistance, including training and counseling in
identifying and segmenting domestic and international market
opportunities, preparing and executing marketing plans, developing
pricing strategies, locating contract opportunities, negotiating
contracts, and utilizing varying public relations and advertising
techniques.
"(b)(1) As a condition of receiving financial assistance authorized
by this section, the recipient organization shall agree to obtain, after
its application has been approved and notice of award has been issued,
cash contributions from non-Federal sources as follows:
"(A) If the project first receives its Federal financial
assistance prior to fiscal year 1993, an annual amount that is not
less than the amount of the Federal financial assistance provided
each year.
"(B) If the project first receives Federal financial assistance
in fiscal year 1993, or thereafter, annual amounts equal to --
"(i) in the first year, 1 non-Federal dollar for each 2 Federal
dollars;
"(ii) in the second year, 1 non-Federal dollar for each Federal
dollar; and
"(iii) in the third and final year, 2 non-Federal dollars for
each Federal dollar.
"(2) Up to one-half of the non-Federal matching assistance may be in
the form of in-kind contributions which are budget line items only,
including but not limited to office equipment and office space.
"(3) The financial assistance authorized pursuant to this section may
be made by grant, contract, or cooperative agreement and may contain
such provision, as necessary, to provide for payments in lump sum or
installments, and in advance or by way of reimbursement. The
Administration may disburse up to 25 percent of each year's Federal
share awarded to a recipient organization after notice of the award has
been issued and before the non-Federal matching funds are obtained.
"(4) If any recipient of assistance under this section fails to
obtain the required non-Federal contribution during any year of any
project, it shall not be eligible thereafter for advance disbursements
under paragraph (3) during the remainder of that project, or for any
other project for which it is or may be funded. In addition, prior to
approving assistance to such organization for any other projects, the
Administration shall specifically determine whether the Administration
believes that the recipient will be able to obtain the requisite
non-Federal funding and enter a written finding setting forth the
reasons for making such determination.
"(c) Each applicant for assistance under this section initially shall
submit a 3-year plan on proposed fundraising and training activities,
and may receive financial assistance under this section for a maximum of
3 years per site. The Administration shall evaluate and rank applicants
in accordance with predetermined selection criteria that shall be stated
in terms of relative importance. Such criteria and their relative
importance shall be made publicly available and stated in each
solicitation for applications made by the Administration. The criteria
shall include --
"(1) the experience of the applicant in conducting programs or
on-going efforts designed to impart or upgrade the business skills
of women business owners or potential owners;
"(2) the present ability of the applicant to commence a
demonstration project within a minimum amount of time; and
"(3) the ability of the applicant to provide training and
services to a representative number of women who are both socially
and economically disadvantaged.
"(d) For purposes of this section, the term 'small business concern'
means a small business concern, either start-up or existing, owned and
controlled by women, and --
"(1) which is at least 51 percent owned by 1 or more women;
and
"(2) the management and daily business operations of which are
controlled by 1 or more women.
"(e) There are authorized to be appropriated $4,000,000 for each
fiscal year to carry out the demonstration projects authorized by this
section. Notwithstanding any other provision of law, the Administration
may use such expedited acquisition methods as it deems appropriate to
achieve the purposes of this section, except that it shall ensure that
all eligible sources are provided a reasonable opportunity to submit
proposals.
"(f) The Administration shall prepare and transmit an annual report,
beginning February 1, 1992, to the Committees on Small Business of the
Senate and House of Representatives on the effectiveness of all
demonstration projects conducted under the authority of this section.
Such report shall provide information concerning --
"(1) the number of individuals receiving assistance;
"(2) the number of start-up business concerns formed;
"(3) the gross receipts of assisted concerns;
"(4) increases or decreases in profits of assisted concerns;
and
"(5) the employment increases or decreases of assisted
concerns.
"(g) The Administration shall not provide financial assistance under
this section to any new project after October 1, 1995, except that it
may fund projects which commenced prior thereto.".
SEC. 3. ADMINISTRATIVE PROVISION.
Section 8 of the Small Business Act (15 U.S.C. 637 "15 USC 637 note"
is amended by striking subsection (c) and redesignating subsections (d)
through (j) as subsections (c) through (k). Projects funded pursuant to
the provisions of former subsection (c) shall be deemed to be funded
under and shall be treated as if funded under section 28 of the Small
Business Act, as added by section 2.
SEC. 4. PERMANENT AUTHORIZATION OF SMALL LOAN PROGRAM.
Section 7(a)(19)(B) of the Small Business Act (15 U.S.C.
636(a)(19)(B)) is amended by striking "during fiscal years 1989, 1990,
and 1991,".
SEC. 5. NATIONAL WOMEN'S BUSINESS COUNCIL.
Subparagraph (G) of section 403(b) of the Women's Business Ownership
Act of 1988 "15 USC 631 note" (102 Stat. 2695) is amended to read as
follows:
"(G) The Chairperson and Vice Chairperson of the council shall
be designated by the President and may be either a representative
of the public sector or the private sector, except that the
Chairperson and Vice Chairperson shall not be from the same sector
concurrently. Each shall serve for a maximum term of 2 years. No
person may be designated to the same office for 2 consecutive
terms, nor may consecutive designees as Chairperson be from the
public sector.".
Approved December 5, 1991.
LEGISLATIVE HISTORY -- H.R. 2629:
HOUSE REPORTS: No. 102-178 (Comm. on Small Business).
CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 8, considered and passed
House. Nov. 20, considered and passed Senate, amended. Nov. 21, House
concurred in Senate amendment.
Public Law 102-190, 105 Stat. 1290
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 1992 and 1993".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) 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. Congressional defense committees defined.
Sec. 4. Expiration of authorizations for fiscal years after 1992.
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense Agencies.
Sec. 105. Defense Inspector General.
Sec. 106. Reserve components.
Sec. 107. Chemical demilitarization program.
Sec. 108. Multiyear authorizations.
Sec. 111. M-1 Abrams tank program.
Sec. 112. Repeal of lease authority for new training helicopter
program.
Sec. 113. AH-64 Apache helicopter modifications.
Sec. 114. Procurement of AHIP Scout helicopters.
Sec. 121. Transfer of certain funds for procurement of Navy
aircraft.
Sec. 122. Authorization for use of certain funds for Navy aircraft
procurement.
Sec. 123. Air cushion landing craft report.
Sec. 124. Transfer of funds for Trident missiles.
Sec. 131. B-2 bomber aircraft program.
Sec. 132. B-1B bomber aircraft program.
Sec. 133. C-17 aircraft program.
Sec. 134. F100/220E engine remanufacture kits.
Sec. 135. Advanced cruise missile.
Sec. 136. Temperature specification for air-launched cruise missile
flight data transmitter; review of testing methodologies.
Sec. 137. F-15 aircraft program.
Sec. 138. AMRAAM missile program.
Sec. 139. F-117 aircraft program.
Sec. 141. C-20 aircraft program.
Sec. 142. MC-130H (Combat Talon) aircraft program.
Sec. 143. MH-47E/MH-60K helicopter modification programs.
Sec. 151. Chemical weapons stockpile disposal program.
Sec. 152. Ground-Wave Emergency Network.
Sec. 153. Limitations relating to redeployment of Minuteman III
ICBMs.
Sec. 201. Authorization of appropriations.
Sec. 202. Amounts for basic research and exploratory development.
Sec. 203. Manufacturing technology.
Sec. 204. Authorization to make certain fiscal year 1991 Navy funds
available for other purposes.
Sec. 211. V-22 Osprey aircraft program.
Sec. 212. Extension of prohibition on testing Mid-Infrared Advanced
Chemical Laser against an object in space.
Sec. 213. A-(X) Advanced Tactical Aircraft, Navy.
Sec. 214. F-22 Advanced Tactical Fighter aircraft program, Air
Force.
Sec. 215. Supercomputer modernization program.
Sec. 216. Management of Navy mine countermeasures programs.
Sec. 217. Non-acoustic anti-submarine warfare program.
Sec. 218. Anti-submarine warfare stand-off weapon.
Sec. 219. Ship-to-shore fire support.
Sec. 220. Superconducting Magnetic Energy Storage Project.
Sec. 221. Sealift research and development.
Sec. 222. ICBM modernization program.
Sec. 231. Short title.
Sec. 232. Missile defense goal of the United States.
Sec. 233. Implementation of goal.
Sec. 234. Follow-on technology research.
Sec. 235. Program elements for Strategic Defense Initiative.
Sec. 236. Research, development, test, and evaluation objectives for
SDI program elements.
Sec. 237. Strategic Defense Initiative funding.
Sec. 238. Review of follow-on deployment options.
Sec. 239. ABM Treaty defined.
Sec. 240. Interpretation.
Sec. 241. Arrow Tactical Anti-Missile Program.
Sec. 242. Development and testing of anti-ballistic missile systems
or components.
Sec. 251. Medical countermeasures against biowarfare threats.
Sec. 252. University Research Initiative.
Sec. 253. Grant for the Institute for Advanced Science and
Technology.
Sec. 254. Advanced applied technology demonstration facility for
environmental technology.
Sec. 255. Continued cooperation with Japan on technology research
and development.
Sec. 256. Federally funded research and development centers.
Sec. 257. Revision in membership of Strategic Environmental Research
and Development Program Council: membership on Council and on
Scientific Advisory Board.
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Humanitarian assistance.
Sec. 305. Support for the 1993 World University Games.
Sec. 306. Support for the 1996 Summer Olympics.
Sec. 307. Presidential inauguration assistance.
Sec. 311. Limitation on obligations against stock funds.
Sec. 312. Repeal of requirement for authorization of civilian
personnel by end strength.
Sec. 313. Limitation relating to consolidation of supply depots.
Sec. 314. Limitation on the performance of depot-level maintenance
of materiel.
Sec. 315. Two-year extension of authority of base commanders over
contracting for commercial activities.
Sec. 316. Limitations on the use of Defense Business Operations
Fund.
Sec. 317. Acquisition of inventory.
Sec. 331. Reimbursement requirement for contractors handling
hazardous wastes from defense facilities.
Sec. 332. Extension of waste minimization program.
Sec. 333. Prohibition on use of environmental restoration funds for
payment of fines and penalties.
Sec. 334. Environmental restoration requirements at military
installations to be closed.
Sec. 335. Prohibition on the purchase of surety bonds and other
guaranties for the Department of Defense.
Sec. 336. Surety bonds for Defense Environmental Restoration Program
contracts.
Sec. 341. Annual report on defense capabilities and programs of the
Armed Forces.
Sec. 342. Coverage of contracts for equipment maintenance and
operation under provision allowing appropriated funds to be available
for certain contracts for 12 months.
Sec. 343. Use of proceeds from the sale of certain lost, abandoned,
or unclaimed personal property.
Sec. 344. Use of proceeds from the transfer or disposal of
commissary store facilities and property purchased with nonappropriated
funds.
Sec. 345. Use of appropriated funds for expenses relating to certain
voluntary services.
Sec. 346. Treatment of severance pay for foreign nationals under
overseas military banking contracts.
Sec. 347. Improvement of inventory management policy and procedure.
Sec. 348. Prevention of the transportation of brown tree snakes on
aircraft and vessels of the Department of Defense.
Sec. 349. Donation of certain scrap metal to the Memorial Fund for
Disaster Relief.
Sec. 350. Management of maritime prepositioning ship programs.
Sec. 401. End strengths for active forces.
Sec. 402. Assessment of the structure and mix of active and reserve
forces.
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. 414. Pilot program for active component support of the
Reserves.
Sec. 421. Authorization of training student loads.
Sec. 431. Reduction in number of active duty Air Force colonels.
Sec. 501. Initial appointment of commissioned officers to be in a
reserve grade.
Sec. 502. Transition period for certain general and flag officers
awaiting retirement.
Sec. 503. Selective early retirement flexibility authority.
Sec. 504. Integrity of the promotion selection board process.
Sec. 505. Retirement of Chief of Naval Operations and Commandant of
the Marine Corps in highest grade.
Sec. 506. Grade of retired officers recalled to active duty.
Sec. 511. Limitation on the number of cadets and midshipmen
authorized to attend the service academies.
Sec. 512. Elimination of minimum enlisted service requirement for
nomination to the Naval Academy.
Sec. 513. Administration of athletics programs at the service
academies.
Sec. 514. Authority to waive maximum age limitation on admission to
the service academies for certain enlisted members who served during the
Persian Gulf War.
Sec. 521. Increased number of active duty officers assigned to
full-time support and training of Army National Guard combat units.
Sec. 522. Guaranteed reserve forces duty scholarship program.
Sec. 523. Baccalaureate degree required for appointment or promotion
of reserve component officers to grades above first lieutenant or
lieutenant (junior grade).
Sec. 524. Priority in making original appointments in Guard and
reserve components for ROTC scholarship program graduates.
Sec. 525. Waiver of prohibition on certain reserve service with the
ROTC program.
Sec. 526. Report on the supervision, management, and administration
of the Marine Corps Reserve.
Sec. 527. Report on commissioning and training of new Army National
Guard officers.
Sec. 528. Expansion of duties for which Reserves are entitled to
military leave from Federal employment.
Sec. 531. Repeal of statutory limitations on assignment of women in
the Armed Forces to combat aircraft.
Sec. 541. Establishment of Commission.
Sec. 542. Duties.
Sec. 543. Report.
Sec. 544. Powers.
Sec. 545. Commission procedures.
Sec. 546. Personnel matters.
Sec. 547. Miscellaneous administrative provisions.
Sec. 548. Payment of Commission expenses.
Sec. 549. Termination of the Commission.
Sec. 550. Test assignments of female service members to combat
positions.
Sec. 551. Establishment of physician assistant section in Army
Medical Specialist Corps.
Sec. 552. Review of Port Chicago court-martial cases.
Sec. 553. Appointment of Adjutants General of the National Guard of
the Virgin Islands and Guam.
Sec. 554. Payment for leave accrued and lost by Korean conflict
prisoners of war.
Sec. 555. Sense of Congress regarding priority for demobilization of
reserve forces called or ordered to active duty in connection with a
contingency operation.
Sec. 601. Military pay raise for fiscal year 1992.
Sec. 602. Limitation on the amount of basic allowance for quarters
for members receiving such allowance by reason of their payment of child
support.
Sec. 603. Determination of variable housing allowance for Reserves
and retirees called or ordered to active duty.
Sec. 604. Administration of basic allowance for quarters and
variable housing allowance.
Sec. 605. Revision in rate of pay of aviation cadets.
Sec. 606. Pay of senior noncommissioned officers while on terminal
leave.
Sec. 607. One-year extension of authority to reimburse members on
sea duty for accommodations in place of quarters.
Sec. 611. Repeal of wartime and national emergency prohibitions on
the payment of certain pay and allowances.
Sec. 612. Extensions of authorities relating to payment of certain
bonuses and other special pay.
Sec. 613. Increase in imminent danger pay.
Sec. 614. Clarification of parachute jumping for purposes of
hazardous duty pay.
Sec. 615. Ineligibility of flag officers for multiyear retention
bonus for medical officers.
Sec. 621. Definition of dependent for purposes of allowances.
Sec. 622. Travel and transportation allowance for dependents of
members assigned to a vessel under construction.
Sec. 623. Travel and transportation allowances for certain emergency
duty within limits of duty station.
Sec. 624. Authority of members to defer authorized travel in
connection with consecutive overseas tours.
Sec. 625. Increase in family separation allowance.
Sec. 626. Transportation of the remains of certain deceased
dependents of retired members of the Armed Forces.
Sec. 631. Definition of contingency operation.
Sec. 632. Basic allowance for quarters for certain Reserves without
dependents.
Sec. 633. Variable housing allowance.
Sec. 634. Medical, dental, and nonphysician special pays for
Reserve, recalled, or retained health care officers.
Sec. 635. Waiver of board certification requirements.
Sec. 636. Waiver of foreign language proficiency certification
requirement.
Sec. 637. Treatment of accrued leave.
Sec. 638. Authorization to exceed ceiling on accumulation of leave.
Sec. 639. Savings program for overseas members and members in a
missing status.
Sec. 640. Transitional health care.
Sec. 651. Permanent extension of program to reimburse members of the
Armed Forces for adoption expenses.
Sec. 652. Increase in amount of death gratuity.
Sec. 653. Survivor Benefit Plan.
Sec. 654. Payment of survivor annuity to a representative of a
legally incompetent person.
Sec. 655. Waiver of reduction of retired pay under specified
conditions.
Sec. 656. Expanded eligibility of certain health care officers for
certain special pays for service in connection with Operation Desert
Storm.
Sec. 657. Increase in the amount of a claim for recoupment of
overpayments of pay, allowances, and expenses that may be waived.
Sec. 661. Special separation benefits.
Sec. 662. Voluntary separation incentive program.
Sec. 663. Report on programs.
Sec. 664. Limited authority to waive end strengths.
Sec. 701. Establishment of supplemental dental benefits plans for
dependents.
Sec. 702. Hospice care.
Sec. 703. Blood-lead level screenings of dependent infants of
members of the uniformed services.
Sec. 704. Expansion of CHAMPUS coverage to include certain medicare
participants.
Sec. 711. Modification of area restriction on provision of
nonemergency inpatient hospital care under CHAMPUS.
Sec. 712. Managed health care networks.
Sec. 713. Clarification of restriction on CHAMPUS as a secondary
payer.
Sec. 714. Clarification of right of the United States to collect
from third-party payers.
Sec. 715. Statements regarding the nonavailability of health care.
Sec. 716. Submittal of claims for payment for services under
CHAMPUS.
Sec. 717. Repeal of requirement that Armed Forces health professions
scholarships be targeted toward critically needed wartime skills.
Sec. 718. Limitation on reductions in number of medical personnel of
the Department of Defense.
Sec. 719. Extension of deadline for the use of diagnosis-related
groups for outpatient treatment.
Sec. 720. Authorization for the use of the Composite Health Care
System at a military medical facility when cost effective.
Sec. 721. Administration of the managed-care model of uniformed
services treatment facilities.
Sec. 722. Authorization for the extension of CHAMPUS reform
initiative.
Sec. 731. Health care demonstration project for the area of Newport,
Rhode Island.
Sec. 732. Dependency status of a minor in the custody of a
non-parent member or former member of the Armed Forces.
Sec. 733. Comprehensive study of the military medical care system.
Sec. 734. Registry of members of the Armed Forces exposed to fumes
of burning oil in connection with Operation Desert Storm.
Sec. 801. Repeal of manpower estimates reporting requirement.
Sec. 802. Payment of costs of contractors for independent research
and development and for bids and proposals.
Sec. 803. Research and development contracts.
Sec. 804. Clarification of revised thresholds for contractor
certification of cost or pricing data.
Sec. 805. Procurement flexibility for small purchases during
contingency operations.
Sec. 806. Payment protections for subcontractors and suppliers.
Sec. 807. Government-industry committee on rights in technical data.
Sec. 808. Control of Government personnel work product.
Sec. 809. Status of the Director of Defense Procurement.
Sec. 811. Procurement technical assistance cooperative agreement
program.
Sec. 812. Defense research by historically Black colleges and
universities.
Sec. 813. Reauthorization of bond waiver test program.
Sec. 814. Pilot mentor-protege program.
Sec. 821. Development of critical technologies.
Sec. 822. Critical technology strategies.
Sec. 823. Advanced manufacturing technology partnerships.
Sec. 824. Manufacturing extension programs.
Sec. 825. Defense manufacturing education.
Sec. 826. Cooperative agreements and other transactions relating to
advanced research projects.
Sec. 827. Flexible computer-integrated manufacturing program.
Sec. 828. United States-Japan management training programs.
Sec. 829. Department of Defense support for science, mathematics,
and engineering education.
Sec. 831. Requirement for submittal of plans relating to the
improvement of the defense industrial base.
Sec. 832. Requirements relating to European military procurement
practices.
Sec. 833. Buy American Act waiver rescissions.
Sec. 834. Extension and clarification of coverage of procurement
limitation on valves and machine tools.
Sec. 835. Revision of restriction on procurement of carbonyl iron
powders.
Sec. 836. Technical correction relating to partnership
intermediaries.
Sec. 841. Requirement for purchase of gasohol in Federal fuel
procurements when price is comparable.
Sec. 842. Prompt payment for purchase of fish.
Sec. 843. Whistleblower protections for members of the Armed Forces.
Sec. 901. Position of Deputy Under Secretary of Defense for Policy.
Sec. 902. CINC Initiative Fund.
Sec. 903. Establishment of general counsels of the military
departments at Level IV of the Executive Schedule.
Sec. 904. Repeal of required reduction in defense acquisition
workforce.
Sec. 911. Authority to hire civilian faculty members for the
Institute for National Strategic Study.
Sec. 912. Definition of the principal course of instruction at the
Armed Forces Staff College.
Sec. 921. Defense Intelligence Agency.
Sec. 922. Consultation required concerning appointment of Directors
of DIA and NSA.
Sec. 923. Joint intelligence center.
Sec. 924. Department of Defense use of national intelligence
collection systems.
Sec. 1001. Transfer authority.
Sec. 1002. Date for transmittal of joint OMB/CBO annual outlay
report.
Sec. 1003. Foreign National Employees Separation Pay Account.
Sec. 1004. Revision of reporting requirement regarding the effect of
certain payments and adjustments on the Federal deficit.
Sec. 1005. Incorporation of Classified Annex.
Sec. 1011. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and services.
Sec. 1012. Transfer of obsolete aircraft carrier Oriskany.
Sec. 1013. Transfer of obsolete research vessel Gyre.
Sec. 1014. Report on criteria used by Navy for recommending approval
of submarine export license.
Sec. 1015. Fast sealift program.
Sec. 1016. Overhaul of the U.S.S. John F. Kennedy (CV-67).
Sec. 1017. Inapplicability to inflatable boats of restriction on
construction in foreign shipyards.
Sec. 1021. Prohibition relating to deactivation of Naval Reserve
helicopter mine countermeasures squadrons.
Sec. 1022. Repeal of requirement for transfer of certain aircraft to
Air Force reserve components.
Sec. 1023. Authority to waive requirement to transfer tactical
airlift mission to reserve components.
Sec. 1024. Authority for waiver of requirement for transfer of A-10
aircraft to the Army and Marine Corps.
Sec. 1041. Sense of Congress regarding United States troops in
Europe.
Sec. 1042. Reduction in authorized end strength for the number of
military personnel in Europe.
Sec. 1043. Strategic framework and distribution of responsibilities
for the security of Asia and the Pacific.
Sec. 1044. United States troops in Korea.
Sec. 1045. Burdensharing contributions by Japan and the Republic of
Korea.
Sec. 1046. Defense cost-sharing.
Sec. 1047. Use of contributions of friendly foreign countries and
NATO for cooperative defense projects.
Sec. 1048. Expansion of authority for the Navy to provide routine
port and airport services to foreign countries.
Sec. 1049. Extension of authority for transfer of excess defense
articles to certain countries.
Sec. 1050. Authority of Secretary of Defense in connection with
cooperative agreements on air defense in Italy.
Sec. 1051. Extension of AWACS authority.
Sec. 1052. Training of special operations forces with friendly
foreign forces.
Sec. 1053. Expansion of countries eligible to participate in foreign
comparative testing program.
Sec. 1054. Limitation on employment of foreign nationals at military
installations outside the United States.
Sec. 1061. Amendments to title 10, United States Code.
Sec. 1062. Amendments to Public Law 101-510.
Sec. 1063. Amendments to other laws.
Sec. 1071. Sense of Congress relating to the contributions to
Operation Desert Storm made by the defense-related industries of the
United States.
Sec. 1072. Sense of Congress relating to cooperation between the
military departments and Big Brothers and Big Sisters organizations.
Sec. 1073. Commendation of the military colleges for their
contributions to training citizen-soldiers.
Sec. 1074. Sense of Congress relating to the chemical
decontamination training facility, Fort McClellan, Alabama.
Sec. 1075. Policy regarding contracting with foreign firms that
participate in the secondary Arab boycott.
Sec. 1076. Sense of Congress concerning issuance of commemorative
card for Operation Desert Storm servicemembers.
Sec. 1081. Survivor notification and assistance; access to military
records of service members who die on active duty.
Sec. 1082. Disclosure of information concerning United States
personnel classified as prisoner of war or missing in action during
Vietnam conflict.
Sec. 1083. Family support center for families of prisoners of war
and persons missing in action.
Sec. 1084. Display of POW/MIA flag.
Sec. 1085. Extension of overseas workload program.
Sec. 1086. Technical data packages for large-caliber cannon.
Sec. 1087. Emergency direct loans for small business concerns
located in communities adversely affected by troop deployments during
the Persian Gulf conflict.
Sec. 1088. Additional Department of Defense support for counter-drug
activities.
Sec. 1089. Technical revisions to charter for Barry Goldwater
Scholarship and Excellence in Education Program.
Sec. 1090. Protection of keys and keyways used in security
applications by the Department of Defense.
Sec. 1091. Administration of the Selective Service System.
Sec. 1092. Separate maintenance allowance for Federal employees
located at Johnston Island.
Sec. 1093. Extension of foreign post differentials to certain
Federal employees who served in connection with Operation Desert Storm.
Sec. 1094. Provisional supervised employment of Federal child care
services personnel.
Sec. 1095. Iraq and the requirements of Security Council Resolution
687.
Sec. 1096. Iraq and the requirements of Security Council Resolution
688.
Sec. 1097. Annual report on the proliferation of missiles and
essential components of nuclear, biological, and chemical weapons.
Sec. 1101. Short title.
Sec. 1111. Establishment of permanent grade of chief warrant
officer, W-5.
Sec. 1112. Promotion and retention of warrant officers.
Sec. 1113. Temporary appointments.
Sec. 1114. Rank of warrant officers.
Sec. 1115. Suspension in time of war or national emergency.
Sec. 1116. Mandatory retirement of regular Army warrant officers for
length of service.
Sec. 1121. Transition for certain regular warrant officers serving
in a higher temporary grade below chief warrant officer, W-5.
Sec. 1122. Transition for certain Reserve warrant officers serving
in a higher temporary grade below chief warrant officer, W-5.
Sec. 1123. Continuation of certain temporary appointments of Navy
and Marine Corps warrant officers.
Sec. 1124. Savings provision for certain regular Army warrant
officers facing mandatory retirement for length of service.
Sec. 1125. Preservation of existing law for Coast Guard.
Sec. 1131. Technical and conforming amendments.
Sec. 1132. Effective date.
Sec. 1201. Extension of supplemental authorization.
Sec. 1202. Authorization of appropriations for Operation Desert
Storm.
Sec. 1203. Definitions.
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. Defense access roads.
Sec. 2105. Authorization of appropriations, Army.
Sec. 2106. Authorized long-term facilities contracts.
Sec. 2107. Authorized military housing rental guarantee projects.
Sec. 2108. Authorization of family housing project for which funds
have been appropriated.
Sec. 2109. Termination of authority to carry out certain projects.
Sec. 2110. Elementary school for dependents of Department of Defense
personnel at Fort Wainwright, Alaska.
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Defense access roads.
Sec. 2205. Authorization of appropriations, Navy.
Sec. 2206. Authorized long-term facilities contracts.
Sec. 2207. Authorized family housing lease projects.
Sec. 2208. Authorized military housing rental guarantee projects.
Sec. 2209. Termination of authority to carry out certain projects.
Sec. 2210. Specification of the military construction project
previously authorized for the Marine Corps Support Activity, Kansas
City, Missouri.
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvement to military family housing units.
Sec. 2304. Defense access roads.
Sec. 2305. Authorization of appropriations, Air Force.
Sec. 2306. Authorized long-term facilities contracts.
Sec. 2307. Authorized family housing lease projects.
Sec. 2308. Authorized military housing rental guarantee projects.
Sec. 2309. Authorization of projects for which funds have been
appropriated.
Sec. 2310. Termination of authority to carry out certain projects.
Sec. 2311. Change in location of previously authorized project.
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Contracts for certain projects.
Sec. 2406. Special operations battalion headquarters, Fort Bragg,
North Carolina.
Sec. 2407. Design for replacement facilities for Fitzsimons Army
Medical Center.
Sec. 2408. Defense medical facility, Homestead Air Force Base,
Florida.
Sec. 2409. Termination of authority to carry out a certain project.
Sec. 2410. Authorization for unauthorized fiscal year 1991
appropriations for special operations command projects.
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. 2602. Authorization of projects for which funds have been
appropriated and termination of authority to carry out certain other
projects. Termination of authority to carry out certain projects.
Sec. 2701. Expiration of authorizations.
Sec. 2702. Extension of prior year authorizations.
Sec. 2801. Construction of reserve component facilities.
Sec. 2802. Turn-key selection procedures.
Sec. 2803. Health, safety, and environmental quality emergency
construction.
Sec. 2804. Increased authority for use of operation and maintenance
funds for acquisition and construction of reserve component facilities.
Sec. 2805. Long-term facilities contracts.
Sec. 2806. Long-term build to lease authority for military family
housing.
Sec. 2807. Increased cost limitations for unspecified minor
construction projects.
Sec. 2808. Increase in the amount of space for military family
housing units under certain circumstances.
Sec. 2809. Military housing rental guarantee program.
Sec. 2821. Defense Base Closure and Realignment Act of 1990
amendments.
Sec. 2822. Consistency in budget data.
Sec. 2823. Eligibility of Department of Defense employees and
members of the Armed Forces for homeowners assistance in connection with
base closures.
Sec. 2824. Environmental plan for Jefferson Proving Ground, Indiana.
Sec. 2825. Disposition of credit union facilities on military
installations to be closed.
Sec. 2826. Report on employment assistance services.
Sec. 2827. Funding for environmental restoration at military
installations to be closed and report on environmental restoration costs
at such installations.
Sec. 2831. Acquisition of land, Baldwin County, Alabama.
Sec. 2832. Land conveyance, Lompoc, California.
Sec. 2833. Land exchange, Scott Air Force Base, Illinois.
Sec. 2834. Land conveyance, New Bedford, Massachusetts.
Sec. 2835. Release of reversionary interest, Berrien County,
Michigan.
Sec. 2836. Land conveyance, Santa Fe, New Mexico.
Sec. 2837. Revision of land conveyance authority, Naval Reserve
Center, Burlington, Vermont.
Sec. 2838. Lease and development of certain real property, Norfolk,
Virginia.
Sec. 2839. Lease at Hunters Point Naval Shipyard, San Francisco,
California.
Sec. 2840. Land exchange, Pearl Harbor, Hawaii.
Sec. 2841. Land conveyance, New London, Connecticut.
Sec. 2851. Prohibition on construction at Crotone, Italy.
Sec. 2852. Restriction on certain development at Fort Hunter
Liggett, California.
Sec. 2861. Review of assets of the Resolution Trust Corporation
before acquisition of options on real property.
Sec. 2862. Clarification of the authority of the Secretaries of the
military departments to lease nonexcess property.
Sec. 2863. Test program of leases of real property for activities
related to special forces operations.
Sec. 2864. Law enforcement authority on the Pentagon Reservation.
Sec. 2865. Repair of damages at McConnell Air Force Base caused by
tornadoes.
Sec. 2866. Study of the need for the construction of tornado
shelters.
Sec. 2867. Report on replacement bridge near the Navy homeport at
Pascagoula, Mississippi.
Sec. 2868. Reports relating to military construction for facilities
supporting new weapon systems.
Sec. 2869. Initiation of construction of Phoenix, Arizona, and
vicinity (stage 2) flood control.
Sec. 2870. Technical amendments.
Sec. 3101. Operating expenses.
Sec. 3102. Plant and capital equipment.
Sec. 3103. Environmental restoration and waste management.
Sec. 3104. 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 planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3131. Worker protection at nuclear weapons facilities.
Sec. 3132. Scholarship and fellowship program for environmental
restoration and waste management.
Sec. 3133. Resumption of plutonium operations in buildings at Rocky
Flats.
Sec. 3134. Defense environmental restoration and waste management
account.
Sec. 3135. Environmental restoration and waste management five-year
plan and budget reports.
Sec. 3136. Critical technology partnerships.
Sec. 3137. National Atomic Museum.
Sec. 3138. Revision of waiver of post-employment restrictions
applicable to employees of certain national laboratories.
Sec. 3139. Sense of Congress regarding designation of site for new
production reactor at Savannah River Site, South Carolina.
Sec. 3140. Report on schedule for resumption of nuclear testing
talks and nuclear test ban readiness program.
Sec. 3141. Warhead dismantlement and material disposal.
Sec. 3142. Report on nuclear weapons matters.
Sec. 3201. Authorization.
Sec. 3202. Powers and functions of the Defense Nuclear Facilities
Safety Board.
Sec. 3301. Authorization of disposals.
Sec. 3302. Authorization of acquisitions.
Sec. 3311. Materials development and research.
Sec. 3312. Rotation of stockpile materials for better materials.
Sec. 3313. Increased intervals between reports to Congress.
Sec. 3314. Continuation of disposal authority during periods of
vacancy in the position of Stockpile Manager or deficiency in delegation
of authority to the Stockpile Manager.
Sec. 3401. Authorization of appropriations.
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. General provisions.
Sec. 3504. Revision of executive pay schedule for the Administrator
of the Panama Canal Commission.
Sec. 3505. Policy on military base rights in Panama.
SEC. 3. 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. 4. EXPIRATION OF AUTHORIZATIONS FOR FISCAL YEARS AFTER 1992.
Authorizations of appropriations, and of personnel strength levels,
in this Act for any fiscal year after fiscal year 1992 are effective
only with respect to appropriations made during the first session of the
One Hundred Second Congress.
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1992
for procurement for the Army as follows:
(1) For aircraft, $1,783,600,000.
(2) For missiles, $1,046,762,000.
(3) For weapons and tracked combat vehicles, $1,007,300,000.
(4) For ammunition, $1,362,400,000.
(5) For other procurement, $3,081,801,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY. -- Funds are hereby authorized to be appropriated for
fiscal year 1992 for procurement for the Navy as follows:
(1) For aircraft, $7,089,800,000.
(2) For weapons, $4,720,860,000.
(3) For shipbuilding and conversion, $8,365,790,000.
(4) For other procurement, $6,492,355,000.
(b) MARINE CORPS. -- Funds are hereby authorized to be appropriated
for fiscal year 1992 for procurement for the Marine Corps in the amount
of $1,124,637,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1992
for procurement for the Air Force as follows:
(1) For aircraft, $10,636,931,000.
(2) For missiles, $5,204,883,000.
(3) For other procurement, $8,194,009,000.
SEC. 104. DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal year 1992
for procurement for the Defense Agencies in the amount of
$2,239,029,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1992
for procurement for the Inspector General of the Department of Defense
in the amount of $800,000.
SEC. 106. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1992
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, $227,000,000.
(2) For the Air National Guard, $454,800,000.
(3) For the Army Reserve, $84,300,000.
(4) For the Naval Reserve, $45,000,000.
(5) For the Air Force Reserve, $225,000,000.
(6) For the Marine Corps Reserve, $25,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) FUNDING. -- Funds are hereby authorized to be appropriated for
fiscal year 1992 for the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), in the amount of $472,602,000.
(b) FUNDING FOR ARMY CRYOFRACTURE PROGRAM. -- Within the amount
authorized to be appropriated by subsection (a), $33,900,000 is
available for the Army cryofracture program, of which --
(1) $13,900,000 is available for research, development, test,
and evaluation of the cryofracture method of chemical weapons
demilitarization only; and
(2) $20,000,000 is available for the procurement of long lead
items for a cryofracture demonstration plant on and after the date
on which the Secretary of the Army certifies in writing to the
congressional defense committees that the Army will construct a
cryofracture demonstration plant.
SEC. 108. MULTIYEAR AUTHORIZATIONS.
(a) ARMY. -- The Secretary of the Army may use funds appropriated
for fiscal year 1992 to enter into multiyear procurement contracts in
accordance with section 2306(h) of title 10, United States Code, for the
Army Tactical Missile System (ATACMS).
(b) NAVY. -- The Secretary of the Navy may use funds appropriated
for fiscal year 1992 to enter into multiyear procurement contracts in
accordance with section 2306(h) of title 10, United States Code, for the
following programs:
(1) The MK-48 ADCAP torpedo program.
(2) The enhanced modular signal processor program.
SEC. 111. M-1 ABRAMS TANK PROGRAM.
(a) TANK INDUSTRIAL BASE. -- None of the funds appropriated for the
Army pursuant to this Act may be used to initiate or implement closure
of any portion of the tank industrial base.
(b) FISCAL YEAR 1991 FUNDS. -- (1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Army shall
obligate $150,000,000 in advance procurement funds appropriated for the
Army for fiscal year 1991 for the M1A2 tank program.
(2) Section 142 of Public Law 101-510 (104 Stat. 1503) is repealed.
(c) FISCAL YEAR 1992 FUNDS. -- (1) Of the amount authorized to be
appropriated for fiscal year 1992 pursuant to section 101(3)(A) --
(A) $90,000,000 shall be available for procurement of 60 new
production M1A2 tanks; and
(B) $225,000,000 shall be available for the remanufacture of M1
tanks.
(2) The amount referred to in paragraph (1)(B) may be used only to
remanufacture M1 tanks to the M1A2 configuration, except that --
(A) if the Secretary of the Army notifies the congressional
defense committees that the milestone IIIA decision to proceed
with low-rate initial production of the M1A2 tank, scheduled for
January 1992, will be delayed for more than 90 days, the Secretary
(i) shall proceed initially with remanufacture of M1 tanks to the
M1A1 configuration and, upon a subsequent decision to proceed with
such low-rate initial production, shall transition to conversion
from the M1 to the M1A2 configuration, and (ii) may use such
amount for remanufacture of M1 tanks to either configuration in
accordance with clause (i); and
(B) if the Secretary of the Army notifies the congressional
defense committees that the milestone IIIA decision as to whether
or not to proceed with low-rate initial production of the M1A2
tank failed to affirm production go-ahead for such low-rate
initial production, the Secretary shall proceed to use such amount
for remanufacture of M1 tanks to the M1A1 configuration.
SEC. 112. REPEAL OF LEASE AUTHORITY FOR NEW TRAINING HELICOPTER
PROGRAM.
Section 361 of Public Law 101-510 (104 Stat. 1541) is repealed.
SEC. 113. AH-64 APACHE HELICOPTER MODIFICATIONS.
(a) AUTHORIZATION. --
(1) Of the funds authorized to be appropriated for research,
development, test, and evaluation for the Army for fiscal year
1992, $31,000,000 shall be available for the AH-64C aircraft
development program.
(2) Of the funds authorized to be appropriated for aircraft
procurement for the Army for fiscal year 1992, $1,000,000 shall be
available for the AH-64C aircraft program.
(b) LIMITATION. -- None of the funds appropriated or otherwise made
available for aircraft procurement for the Army for fiscal 1992 may be
obligated for the AH-64B helicopter modification program until --
(1) any amounts appropriated for fiscal year 1992 for the
AH-64C aircraft program have been obligated; and
(2) the Secretary of the Army certifies to the congressional
defense committees that the future-year defense program of the
Department of Defense contains sufficient resources to develop and
procure at least six AH-64C model aircraft for operational testing
during each of fiscal years 1994 and 1995.
SEC. 114. PROCUREMENT OF AHIP SCOUT HELICOPTERS.
The prohibition in section 133(a)(2) of Public Law 101-189 (103 Stat.
1383) does not apply to the obligation of --
(1) funds in amounts not to exceed $135,000,000 for the
procurement of not more than 24 OH-58D AHIP Scout aircraft from
funds appropriated for fiscal year 1992 pursuant to section 101;
and
(2) funds in amounts not to exceed $90,200,000 for the
procurement of not more than 12 OH-58D AHIP Scout aircraft from
funds appropriated pursuant to title XII of this Act.
SEC. 121. TRANSFER OF CERTAIN FUNDS FOR PROCUREMENT OF NAVY
AIRCRAFT.
(a) AUTHORITY. -- To the extent provided in appropriations Acts, the
Secretary of the Navy may transfer, out of the unobligated balance of
the appropriations for the Navy for fiscal year 1991 for research,
development, test, and evaluation that remain available for obligation,
$851,600,000 to the appropriations for the Navy for fiscal year 1991 for
procurement of aircraft.
(b) AVAILABILITY OF FUNDS. -- Amounts transferred pursuant to
subsection (a) shall remain available until September 30, 1992.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY. -- The transfer
authority in subsection (a) is in addition to any other transfer
authority provided in this or any other Act.
SEC. 122. AUTHORIZATION FOR USE OF CERTAIN FUNDS FOR NAVY AIRCRAFT
PROCUREMENT.
(a) USE OF UNOBLIGATED FUNDS. -- The Secretary of the Navy may use
$40,000,000 of fiscal year 1991 AV-8B Harrier procurement funds for
other authorized programs, projects, and activities within the Navy for
aircraft procurement. The authority provided in the preceding sentence
is available only to the extent provided in appropriation Acts. These
funds may not be used for the AV-8B Harrier program.
(b) DESCRIPTION OF FUNDS. -- The amounts referred to in subsection
(a) as fiscal year 1991 AV-8B Harrier procurement funds are amounts
appropriated for fiscal year 1991 for the Navy for aircraft procurement
that were provided for either advance procurement of new AV-8B aircraft,
for remanufacturing of AV-8B aircraft, or for AV-8B production line
termination costs.
(c) LIMITATION ON USE OF FUNDS. -- (1) None of the funds in the
Defense Cooperation Account may be used to augment funding from AV-8B
multiyear procurement programs for fiscal year 1989, 1990, or 1991 for
design, testing, integration, or nonrecurring production costs related
to the AV-8B radar upgrade program, nor to supplement or replace any
funds designated for AV-8B aircraft in those fiscal years that have been
diverted for those purposes.
(2) No funds appropriated or otherwise made available to the
Department of Defense for fiscal year 1992 may be obligated for the
AV-8B radar upgrade program or for the remanufacture of AV-8B aircraft
requiring installation of a new fuselage.
SEC. 123. AIR CUSHION LANDING CRAFT REPORT.
Not later than March 31, 1992, the Secretary of Defense shall submit
to the congressional defense committees a report containing the
following information:
(1) A goal for amphibious shipping and a discussion of how that
goal relates to the needs of the commanders of the unified and
specified combatant commands.
(2) A procurement objective for air cushion landing craft
(LCAC) and a discussion of how that objective supports the
amphibious shipping goal.
(3) A discussion of how the planned procurement of air cushion
landing craft (LCAC) in the multiyear defense plan will affect the
inventory levels for such craft.
SEC. 124. TRANSFER OF FUNDS FOR TRIDENT MISSILES.
(a) AUTHORITY. -- To the extent provided in appropriations Acts, the
Secretary of the Navy may transfer, out of the unobligated balance of
the appropriations for the Navy for fiscal year 1991 for other
procurement that remain available for obligation, $56,700,000 to the
appropriations for the Navy for fiscal year 1992 for procurement of
weapons for the procurement of Trident missiles. Funds transferred
pursuant to this subsection shall remain available until September 30,
1993.
(b) RELATIONSHIP TO OTHER TRANSFER AUTHORITY. -- The transfer
authority in subsection (a) is in addition to any other transfer
authority provided in this or any other Act.
SEC. 131. B-2 BOMBER AIRCRAFT PROGRAM.
(a) AMOUNT FOR PROGRAM. -- Subject to subsection (b) of the amount
appropriated pursuant to section 103(1)(A) for the Air Force for fiscal
year 1992 for procurement of aircraft, not more than $2,800,000,000 may
be obligated for procurement, including advance procurement, for the B-2
bomber aircraft program.
(b) LIMITATIONS ON NEW PRODUCTION AIRCRAFT. -- Of the amount
referred to in subsection (a), $1,000,000,000 may be obligated for the
procurement of not more than one new production B-2 bomber aircraft.
None of such funds may be obligated for procurement of such a new
production aircraft unless and until --
(1) the Secretary of Defense submits to the congressional
defense committees --
(A) the certification with respect to the performance and
procurement limit that is described in subsection (c);
(B) the certification with respect to compliance with aircraft
correction-of-deficiency requirements in Public Law 101-189 that
is described in subsection (d)(1);
(C) the reports referred to in subsection (d)(2); and
(D) the report referred to in subsection (e); and
(2) subsequent to the submission of the certification and
reports referred to in paragraph (1), there is enacted an Act
authorizing the obligation of such funds for the procurement of
not more than one new production B-2 bomber aircraft.
(c) CERTIFICATION OF PERFORMANCE AND PROCUREMENT LIMIT. -- A
certification by the Secretary of Defense referred to in subsection
(b)(1)(A) is a certification --
(1) that the performance milestones (including initial flight
testing) for the B-2 aircraft for fiscal year 1991 (as contained
in the B-2 full performance matrix program established under
section 121 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 100-180) and section 232 of the
National Defense Authorization Act, Fiscal Year 1989 (Public Law
100-456)) have been met and that any proposed waiver or
modification to the B-2 performance matrix will be provided in
writing in advance to the congressional defense committees;
(2) that no major aerodynamic or flight worthiness problems
have been identified during the B-2 aircraft testing conducted
before October 1, 1991;
(3) that the capability to update the navigation system using
the Coherent Map Mode of the B-2 radar has been successfully
demonstrated;
(4) that the basic capabilities of X-band and KU-band
transponders have been successfully demonstrated;
(5) that the baseline analysis of the radar cross-section
signature data for Air Vehicle 1 (AV-1) has been completed;
(6) that the test program for the B-2 aircraft has demonstrated
sufficiently the following critical performance characteristics
from flight testing to provide a high degree of confidence in
mission accomplishment:
(A) Detection and survivability.
(B) Air vehicle performance.
(C) Strength and durability of the structure.
(D) Offensive and defensive avionics.
(E) Weapon separation testing planned (as of August 1, 1991) to
take place during fiscal year 1992; and
(7) that the original radar cross section operational
performance objectives of the B-2 aircraft have been successfully
demonstrated from flight testing.
(d) CERTIFICATION OF COMPLIANCE WITH B-2 AIRCRAFT
CORRECTION-OF-DEFICIENCY REQUIREMENTS IN PUBLIC LAW 101-189. -- (1) A
certification by the Secretary of Defense referred to in subsection
(b)(1)(B) is a certification that the Secretary of the Air Force has
entered into a contract for the procurement of B-2 aircraft authorized
for fiscal years 1989 and 1990 that meets the requirements of section
117(d) of Public Law 101-189 relating to correction-of-deficiencies
clauses in B-2 aircraft procurement contracts.
(2) The Secretary of Defense shall submit forthwith to the
congressional defense committees the reports (relating to
correction-of-deficiencies clauses in B-2 aircraft procurement
contracts) required by section 117 of Public Law 101-189.
(e) LOW OBSERVABILITY REPORT. -- A report of the Secretary of
Defense referred to in subsection (b)(1)(D) is a report submitted to the
congressional defense committees with respect to the B-2 aircraft
program that includes the following:
(1) An assessment by the Secretary of Defense of whether the
B-2 aircraft will meet its low observability (including radar
cross section) requirements, including requirements which were not
fulfilled in a B-2 flight test in July 1991.
(2) A description of any additional actions required to assure
the B-2 aircraft will meet its low observability requirements,
which were not planned for the B-2 aircraft program as of July
1991, and the costs associated with any such actions.
(3) A description of the mission of the B-2 aircraft.
(4) An assessment by the Secretary of Defense concerning the
number of B-2 aircraft necessary for a cost-effective and
operationally effective force to carry out the mission referred to
in paragraph (3).
SEC. 132. B-1B BOMBER AIRCRAFT PROGRAM.
(a) REPORT BY DIRECTOR OF OPERATIONAL TEST AND EVALUATION. -- (1)
The Director of Operational Test and Evaluation of the Department of
Defense shall review all B-1B bomber aircraft flight test data related
to the electronic countermeasures (ECM) system for that aircraft and
shall submit to the congressional defense committees a report on the
results of the review.
(2) The report required by paragraph (1) shall include the following:
(A) An assessment of the realism of the threat environment
against which the CORE program was tested.
(B) An assessment of whether the CORE program, if implemented
on the B-1 bomber fleet, would result in an operationally
effective and operationally suitable program.
(C) A comparison of the operational effectiveness of the B-1B
bomber with the currently fielded ALQ-161A ECM system to the B-1B
bomber with the CORE configuration of the ALQ-161A ECM system.
(D) An assessment of the extent to which completed Air Force
testing of the CORE program validates claims that installation of
the CORE capability fleetwide would reduce logistics requirements
and maintenance costs and increase B-1 operational availability.
(E) An assessment of the maturity of the CORE program and
whether testing to date is adequate to support a procurement
decision.
(3) The report required by paragraph (1) shall be submitted not later
than 90 days after the date of the enactment of this Act.
(b) DEPARTMENT OF DEFENSE EVALUATION AND REPORT. -- (1) The
Secretary of Defense shall evaluate the costs and effectiveness of
taking various actions to maintain or enhance the capabilities of the
B-1B bomber aircraft and shall submit to the congressional defense
committees a report on the results of the evaluation.
(2) The report required by paragraph (1) shall include the following
matters:
(A) A comparison of the projected 20-year life-cycle costs of
maintaining the B-1B bomber aircraft --
(i) with the current configuration of the ALQ-161A ECM system;
(ii) with the CORE configuration of the ALQ-161A ECM system;
and
(iii) with the modification and installation of an existing ECM
suite, such as the ALQ-172 system on B-52 bombers.
(B) A comparison of the projected operational availability of
the B-1B bomber aircraft for conventional and nuclear bombing
missions --
(i) with the current configuration of the ALQ-161A ECM system;
(ii) with the CORE configuration of the ALQ-161A ECM system;
and
(iii) with the modification and installation of an existing ECM
suite, such as the ALQ-172 system on B-52 bombers.
(C) An assessment of the costs and effectiveness of taking
various actions to maintain or enhance the penetration
capabilities of the B-1B bomber aircraft, to include --
(i) undertaking the CORE modification of the ALQ-161A ECM
system;
(ii) adding and integrating radar warning receivers for
situation awareness into the B-1B bomber aircraft;
(iii) undertaking the augmentations of the B-1B bomber aircraft
evaluated in the report to Congress required by section 121(e) of
Public Law 101-189 (103 Stat. 1379);
(iv) implementing the modifications identified in the General
Accounting Office report entitled "B-1B Cost and Performance"
(GAO/NSIAD 89-55); and
(v) providing all conventional capabilities currently available
on or planned for B-52G, B-52H, and B-2 bombers.
(D) A detailed plan for making each modification of B-1B bomber
aircraft proposed for fiscal years 1992 through 1999, including --
(i) the schedule for the modification;
(ii) the cost of the modification for each such fiscal year;
and
(iii) the total expected cost of each modification for which
the procurement is planned not to be completed before fiscal year
2000.
(E) A comparison (carried out using then-year dollars) of the
total cost for investment for modifications and upgraded
capabilities and for operations and support over a period of 20
years (including the cost of appropriate aerial refueling tanker
support) for each of the following options for the bomber force:
(i) Retaining in the force the B-52G and B-52H bombers
currently in the force and retiring the B-1B bombers currently in
the force.
(ii) Retaining in the force the B-52G and B-1B bombers
currently in the force and retiring the B-52H bombers currently in
the force, with the cost of retaining the B-1B bombers computed by
including the costs of modifying those bombers to carry cruise
missiles and of modifying those bombers to carry out conventional
missions for which B-52H bombers are currently assigned.
(iii) Retaining in the force the B-52H and B-1B bombers
currently in the force and retiring the B-52G bombers currently in
the force, with the cost of retaining the B-52H and B-1B bombers
computed by including the costs of modifying B-52H or B-1B bombers
as necessary to carry out conventional missions to which B-52G
bombers are currently assigned.
(iv) Retaining in the force the B-52G, B-52H, and B-1B bombers
currently in the force, with the cost of retaining the B-1B
bombers computed by including the costs of modifying those bombers
for delivering only improved conventional munitions.
(v) Retaining in the force the B-1B bombers currently in the
force and retiring the B-52G and B-52H bombers currently in the
force, with the cost of retaining the B-1B bombers computed by
including the costs of modifying those bombers to carry cruise
missiles and to carry out conventional missions to which B-52G and
B-52H bombers are currently assigned.
(F) A statement of the number of heavy bombers, other than
bombers with low observable (stealth) characteristics, required
for conventional bombing missions, taking into consideration the
historical use of heavy bombers in conventional warfare.
(3) The report required by paragraph (1) shall be submitted not later
than 90 days after the date of the enactment of this Act.
(4) The Secretary shall certify in such report that each proposed
modification described in paragraph (2)(D) --
(A) is necessary in order to extend the period during which the
B-1B bomber aircraft can effectively perform nuclear and
conventional bombing missions; and
(B) is cost-effective.
(c) REVIEW AND REPORT BY THE COMPTROLLER GENERAL. -- (1) The
Comptroller General shall review and evaluate the report required by
subsection (a) and the report required by subsection (b).
(2) Within 90 days after the date of the submission of those reports,
the Comptroller General shall submit to the congressional defense
committees a report on the results of that review and evaluation,
together with such recommendations as he considers appropriate.
(d) FISCAL YEAR 1992 FUNDING FOR B-1B PROCUREMENT. -- (1) Of the
funds authorized to be appropriated by this Act for the Air Force for
fiscal year 1992 for the procurement of aircraft, $202,700,000 shall be
available for the B-1B bomber program.
(2) Of the amount referred to in paragraph (1), not more than
$20,000,000 may be obligated to obtain level three technical drawings
for the CORE ECM system. Those funds may not be expended for the
procurement of hardware or for implementation of the CORE configuration
modification to the B-1B aircraft.
(3) Of the amount referred to in paragraph (1), not more than
$67,000,000 may be obligated for deferred logistics activities.
(4) No amount may be obligated for a purpose stated in paragraph (2)
or (3) until a period of 15 calendar days has elapsed after the reports
required by subsections (a), (b), and (c) have been submitted to the
congressional defense committees.
(e) REPEAL OF AUTHORITY FOR FUNDING FOR B-1B AVIONICS MODIFICATIONS.
-- Subsection (f) of section 121 of Public Law 101-189 (103 Stat. 1380)
is repealed.
(f) PROHIBITION REGARDING RADAR WARNING RECEIVER PROJECT. -- Funds
may not be obligated to carry out project 3895 contained in Air Force
program element 6427OF.
SEC. 133. C-17 AIRCRAFT PROGRAM.
(a) USE OF AUTHORIZED APPROPRIATIONS. -- Of the amounts authorized
to be appropriated for the Air Force for aircraft procurement by section
103, not more than the following amounts may be made available for
procurement of the C-17 aircraft for fiscal year 1992:
(1) $1,525,203,000 for procurement.
(2) $122,424,000 for advance procurement.
(3) $126,200,000 for spare parts.
(b) LIMITATION FOR FISCAL YEAR 1992. -- Of the funds appropriated
for the Department of Defense for fiscal year 1992 that are made
available for the C-17 aircraft program (other than funds for advance
procurement), not more than $400,000,000 may be obligated for the
procurement of C-17 aircraft until the Secretary of Defense submits to
the congressional defense committees a report that --
(1) describes the total cost to complete the full-scale
development contract for that aircraft, identifying both the total
cost to be borne by the Government and those costs to be borne
solely by the contractor;
(2) contains a projection of how potential cost overruns under
that contract would affect subsequent production contract prices;
(3) includes a certification by the Secretary that the first
flight of the first development aircraft under that program, and
the first flight of the first production aircraft under that
program, have both been completed;
(4) sets forth in detail all reductions made in performance
specifications for the C-17 aircraft since the signing of the
original development contract under the program; and
(5) includes a certification by the Chairman of the Joint
Chiefs of Staff (made after consultation with the commanders of
the unified and specified combatant commands) --
(A) that the reductions in performance specifications referred
to in paragraph (4) do not reduce the military utility of the C-17
aircraft below the levels needed by those commanders; and
(B) that the C-17 aircraft continues to be the most
cost-effective means to meet current and projected airlift
requirements.
(c) LIMITATION FOR FISCAL YEAR 1993. -- None of the funds
appropriated for the Department of Defense for fiscal year 1993 that are
made available for the C-17 aircraft program (other than funds for
advance procurement) may be obligated before --
(1) the Air Force has accepted delivery of the fifth production
aircraft under that program; and
(2) the Director of Operational Test and Evaluation of the
Department of Defense --
(A) has evaluated the performance of the C-17 aircraft with
respect to critical operational issues after the first 50 flight
hours of flight testing conducted during initial operational
testing and evaluation of the aircraft; and
(B) has provided to the Secretary of Defense and to the
congressional defense committees an early operational assessment
of the aircraft regarding both the aircraft's overall suitability
and deficiencies in the aircraft relative to (i) the initial
requirements and specifications for the aircraft, and (ii) the
current requirements and specifications for the aircraft.
SEC. 134. F100/220E ENGINE REMANUFACTURE KITS.
Funds available to be obligated for procurement of remanufacture kits
for the F100/220E engines may be obligated only if the contract includes
a warranty on the reliability of the complete engine.
SEC. 135. ADVANCED CRUISE MISSILE.
Section 136 of Public Law 101-510 (104 Stat. 1502) is amended --
(1) by inserting "and" at the end of subparagraph (A) of
paragraph (1);
(2) by striking out subparagraph (C) of paragraph (1);
(3) by striking out paragraphs (2) and (3); and
(4) by redesignating paragraph (4) as paragraph (2).
SEC. 136. TEMPERATURE SPECIFICATION FOR AIR-LAUNCHED CRUISE MISSILE
FLIGHT DATA TRANSMITTER; REVIEW OF TESTING METHODOLOGIES.
(a) PLAN. -- Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall develop and begin
implementing a plan to correct the failure by the contractor to deliver
flight data transmitters for the air-launched cruise missile that comply
with the applicable cold temperature specifications requiring the data
transmitters to operate after prolonged exposure to temperatures as low
as minus 65 degrees Fahrenheit.
(b) REVIEW OF TESTING METHODOLOGIES. -- Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall conduct a review of the testing methodologies used to ascertain
compliance with cold temperature specifications required under defense
contracts, including the specification requiring flight data
transmitters for the air-launched cruise missile to operate after
prolonged exposure to temperatures as low as minus 65 degrees
Fahrenheit. The review shall include an assessment of the implications
of applying such a method uniformly throughout the Department of
Defense.
(c) REPORT. -- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on implementation of the plan developed under subsection (a)
and the results of the review conducted under subsection (b).
SEC. 137. F-15 AIRCRAFT PROGRAM.
(a) AVAILABILITY OF F-15 SALES PROCEEDS FOR PROCUREMENT OF
REPLACEMENT F-15 AIRCRAFT. -- Of the funds received by the United
States from the sale of F-15 aircraft to Saudi Arabia as described in
the certification transmitted to the Congress pursuant to section
36(b)(1) of the Arms Export Control Act on August 26, 1990 (transmittal
number 90-36) --
(1) $250,000,000 may be used for the procurement of F-15E
aircraft in order to replace the F-15 aircraft sold to Saudi
Arabia; and
(2) $364,000,000 may be used for the procurement of support
equipment for the F-15 aircraft fleet.
(b) CONSTRUCTION WITH PRIOR LAW. -- The prohibition in section
134(a)(2) of Public Law 101-189 (103 Stat. 1383) does not apply to the
obligation of funds for the purposes described in subsection (a) or for
the acquisition of F-15 aircraft for which funds are authorized to be
appropriated in title XII of this Act.
SEC. 138. AMRAAM MISSILE PROGRAM.
Section 163 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1389) is amended by
adding at the end the following new subsection:
"(d) ALTERNATIVE REMOVAL OF FUNDING LIMITATION. -- The limitation on
the obligation of funds for full-rate production of the AMRAAM system
set forth in subsection (a) shall cease to apply upon the submission by
the Director of Operational Test and Evaluation to the congressional
defense committees of a report stating that, based upon the operational
test and evaluation conducted on the AMRAAM system to the date of the
report, it is the opinion of the Director that the results of such test
and evaluation confirm that such system is effective and suitable for
combat.".
SEC. 139. F-117 AIRCRAFT PROGRAM.
The number of new production F-117 aircraft procured using funds
appropriated for fiscal years after fiscal year 1991 may not exceed 12.
SEC. 141. C-20 AIRCRAFT PROGRAM.
Of the funds authorized to be appropriated or otherwise made
available for procurement for the Defense Agencies for fiscal year 1992,
$93,000,000 shall be available for procurement of three Gulfstream IV
C-20F operational support aircraft. The Secretary of Defense shall
assign the three additional C-20F aircraft to meet the operational
support aircraft requirements of the Department of Defense.
SEC. 142. MC-130H (COMBAT TALON) AIRCRAFT PROGRAM.
Section 161(a) of Public Law 101-189 (103 Stat. 1388) is amended by
striking out "and the procurement of contractor-furnished equipment".
SEC. 143. MH-47E/MH-60K HELICOPTER MODIFICATION PROGRAMS.
The requirements of subsections (a)(2) and (b) of section 2366, of
title 10, United States Code, and the requirements of section 2399(a) of
such title, shall apply to the MH-60K and MH-47E helicopter modification
programs as if the date on which those programs proceed beyond low-rate
initial production is the day that is one year after the date of the
enactment of this Act.
SEC. 151. CHEMICAL WEAPONS STOCKPILE DISPOSAL PROGRAM.
(a) CHANGE IN STOCKPILE ELIMINATION DEADLINE. -- Subsection (b)(5)
of section 1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), is amended by striking out "April 30, 1997" and inserting
in lieu thereof "July 31, 1999".
(b) CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY. -- Subsection
(c)(3) of such section is amended by adding at the end the following:
"Additionally, the Secretary may provide funds through cooperative
agreements with State and local governments for the purpose of assisting
them in processing and approving permits and licenses necessary for the
construction and operation of facilities to carry out this section. The
Secretary shall ensure that funds provided through such a cooperative
agreement are used only for the purpose set forth in the preceding
sentence.".
SEC. 152. GROUND-WAVE EMERGENCY NETWORK.
Section 132 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1501) is amended by inserting
"before October 1, 1992, and" before "until -- ".
SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN III
ICBMS.
(a) PROHIBITION REGARDING OPERATIONALLY DEPLOYED MISSILES. -- Funds
appropriated for fiscal year 1992 or any fiscal year preceding fiscal
year 1992 pursuant to an authorization contained in this or any other
Act may not be obligated or expended for the redeployment or transfer of
operationally deployed Minuteman III intercontinental ballistic missiles
from one Air Force ICBM base to another Air Force ICBM base.
(b) LIMITATION REGARDING STORED MISSILES. -- No Minuteman III
missile in storage may be transferred to a Minuteman II silo until the
Secretary of Defense submits to Congress a plan for the restructuring of
the United States strategic forces consistent with the strategic arms
reduction talks (START) treaty signed by the United States and the
Soviet Union. Such plan shall include --
(1) a discussion of the force structure options that were
considered in developing the plan;
(2) for each option, the locations for the Minuteman III ICBMs
and Small ICBMs and the number of each such type of missile for
each location;
(3) the cost of each such option; and
(4) the reasons for selecting the force structure provided for
in the plan.
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1992
for the use of the Armed Forces for research, development, test, and
evaluation as follows:
(1) For the Army, $6,686,600,000.
(2) For the Navy, $8,633,875,000.
(3) For the Air Force, $14,467,094,000.
(4) For the Defense Agencies, $10,269,034,000, of which --
(A) $228,495,000 is authorized for the activities of the Deputy
Director, Defense Research and Engineering (Test and Evaluation);
and
(B) $14,200,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNTS FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) FISCAL YEAR 1992. -- Of the amounts authorized to be
appropriated by section 201, $4,179,933,000 shall be available for basic
research and exploratory development projects.
(b) 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. MANUFACTURING TECHNOLOGY.
(a) FUNDING. -- Of the amounts authorized to be appropriated by
section 201, $280,000,000 shall be available for, and may be obligated
only for, manufacturing technology as follows:
(1) For the Army Industrial Preparedness program, $28,058,000.
(2) For the Navy Industrial Preparedness program, $74,407,000.
(3) For the Air Force Industrial Preparedness program,
$60,535,000.
(4) For the Defense Agencies, $117,000,000, of which --
(A) $17,000,000 is authorized for the Defense Logistic Agency
Industrial Preparedness program; and
(B) $100,000,000 is authorized for Advanced Manufacturing
Technology.
(b) DEFINITION. -- For the purposes of this section, the term
"industrial preparedness" means the Manufacturing Technology (MANTECH)
program.
(c) SUBMISSION OF ANNUAL PLAN TO CONGRESS. -- Section 2513 of title
10, United States Code, is amended --
(1) in subsection (a), by striking out "a National" and
inserting in lieu thereof "an annual National"; and
(2) by adding at the end the following new subsection:
"(e) The Secretary shall submit the annual Plan to Congress not later
than March 15 of each year. The Plan may be submitted in classified and
unclassified versions.".
(d) LIMITATION. -- No funds appropriated for fiscal year 1992 or
1993 may be obligated for a manufacturing technology-related research
and development activity unless that particular activity --
(1) is specifically included in the National Defense
Manufacturing Technology Plan submitted to Congress during the
preceding fiscal year pursuant to section 2513(a) of title 10,
United States Code (as amended by subsection (c));
(2) is required by law; or
(3) is specifically approved by the Secretary of Defense.
SEC. 204. AUTHORIZATION TO MAKE CERTAIN FISCAL YEAR 1991 NAVY FUNDS
AVAILABLE FOR OTHER PURPOSES.
(a) AUTHORITY. -- The Secretary of the Navy may use fiscal year 1991
Sea Lance funds (1) for program termination costs related to the
termination of the Sea Lance weapon system, and (2) for other authorized
programs, projects, and activities of the Navy for research,
development, test, and evaluation for fiscal year 1991 or for fiscal
year 1992. The authority provided in the preceding sentence is
available only to the extent provided in appropriations Acts, not to
exceed $71,000,000.
(b) DESCRIPTION OF FUNDS. -- The funds referred to in subsection (a)
as fiscal year 1991 Sea Lance funds are amounts appropriated for fiscal
year 1991 for the Navy for research, development, test, and evaluation
that were provided for the Sea Lance weapon system and that remain
available for obligation and (due to the termination of that system) are
no longer required for that system (other than for program termination
costs).
(c) AVAILABILITY OF FUNDS. -- This section does not extend the
period of the availability for obligation of the funds described in
subsection (b).
SEC. 211. V-22 OSPREY AIRCRAFT PROGRAM.
(a) FUNDING. -- Of the funds authorized to be appropriated pursuant
to section 201 or otherwise made available for research, development,
test, and evaluation for the Navy for fiscal year 1992, the sum of
$790,000,000 shall be used only for development, manufacture, and
operational test of three production representative V-22 Osprey
aircraft, of which the amount of $165,000,000 is derived by transfer
pursuant to subsection (b). The authority under the preceding sentence
is available only to the extent provided in appropriation Acts.
(b) TRANSFER OF UNOBLIGATED FISCAL YEAR 1991 FUNDS. -- To the extent
provided in appropriations Acts, the Secretary of the Navy shall
transfer, out of any funds appropriated to the Navy for fiscal year 1991
for procurement of aircraft that remain available for obligation,
$165,000,000 for research, development, test, and evaluation in
connection with the V-22 Osprey aircraft program. The preceding
sentence does not extend the period of the availability for obligation
of amounts transferred under that sentence.
(c) AVAILABILITY OF FUNDS FOR THE SPECIAL OPERATIONS VARIANT. -- Of
the amounts authorized to be appropriated pursuant to section 201(4) for
the Defense Agencies for fiscal year 1992, $15,000,000 shall be
available for research, development, test, and evaluation in connection
with the special operations variant of the V-22 Osprey aircraft.
SEC. 212. EXTENSION OF PROHIBITION ON TESTING MID-INFRARED ADVANCED
CHEMICAL LASER AGAINST AN OBJECT IN SPACE.
The Secretary of Defense may not carry out a test of the Mid-Infrared
Advanced Chemical Laser (MIRACL) transmitter and associated optics
against an object in space during 1992 unless such testing is
specifically authorized by law.
SEC. 213. A-(X) ADVANCED TACTICAL AIRCRAFT, NAVY.
The Secretary of Defense may not classify the total acquisition cost
and the acquisition schedule for the A-(X) (next-generation naval attack
aircraft) program at the level of special access classification.
SEC. 214. F-22 ADVANCED TACTICAL FIGHTER AIRCRAFT PROGRAM, AIR
FORCE.
(a) FINDINGS. -- Congress finds --
(1) that the emphasis placed on manufacturing in the next phase
of the F-22 Advanced Tactical Fighter (ATF) aircraft program is a
correct and significant step toward an appropriate acquisition
system for the 1990s and beyond;
(2) that the objective of the next phase of the ATF program,
known as the Engineering and Manufacturing Development Phase,
should be to complete a production representative design (verified
by testing production prototypes) with known cost and minimal risk
for the Production Phase; and
(3) that the Air Force, having demonstrated satisfactory ATF
system performance in the Demonstration Validation Phase, should
give priority in the Engineering and Manufacturing Development
Phase to investing in ATF manufacturing technologies over
improving ATF performance.
(b) MANUFACTURING AND AFFORDABILITY. -- The Secretary of the Air
Force shall elevate manufacturing considerations during the Engineering
and Manufacturing Development Phase of the ATF program --
(1) by accepting small reductions in aircraft performance, if
necessary, to achieve a more producible and affordable production
design;
(2) by directing the contractor to evaluate a wide selection of
alternative production processes and technologies (including use
of commercial standards or practices of manufacturing technology)
for production of the aircraft; and
(3) by investing funds in those processes and technologies
evaluated pursuant to paragraph (2) which have the highest cost or
quality return on investment, with the objective of further
lowering production costs and improving supportability.
(c) REPORT. -- The Secretary of the Air Force shall submit to the
congressional defense committees a report covering the production
processes evaluated under subsection (b)(2) and the analysis supporting
those processes which are ultimately selected under subsection (b)(3)
for use in production. The report shall be submitted before fabrication
of the first production prototype airframe is begun.
SEC. 215. SUPERCOMPUTER MODERNIZATION PROGRAM.
(a) PLAN. -- (1) The Secretary of Defense, acting through the
Director, Defense Research and Engineering (DDR&E), shall develop a plan
by which the Department of Defense, beginning in fiscal year 1993, will
modernize the supercomputer capability of Department of Defense
laboratories. The plan shall include determinations of the equipment
and software to be procured or leased and a schedule for the funding
required to carry out the plan.
(2) The plan shall be developed by April 1, 1992. The Secretary
shall submit the plan to the Committees on Armed Services of the Senate
and the House of Representatives not later than that date.
(b) PROHIBITION OF NON-DOMESTIC ALTERNATIVES. -- None of the
equipment planned to be procured or leased under the plan may be
obtained from a non-United States computer manufacturer unless the
Secretary of Defense certifies to Congress that no United States
computer manufacturer can meet the requirement being met by that
procurement.
SEC. 216. MANAGEMENT OF NAVY MINE COUNTERMEASURES PROGRAMS.
(a) RESPONSIBILITY. -- Subject to the authority, direction, and
control of the Secretary of Defense, the Director, Defense Research and
Engineering shall have the primary responsibility for developing and
testing naval mine countermeasures systems during fiscal years 1993
through 1997.
(b) WAIVER AUTHORITY. -- The Secretary of Defense may waive the
requirement in subsection (a) with respect to any fiscal year if, not
later than June 1 of the calendar year in which that fiscal year begins,
the Secretary certifies to the congressional defense committees that --
(1) the Secretary of the Navy, in consultation with the Chief
of Naval Operations and the Commandant of the Marine Corps, has
submitted to the Secretary of Defense an updated mine
countermeasures master plan that identifies --
(A) technologies having promising potential for use for
improving mine countermeasures; and
(B) programs for advancing those technologies into production;
(2) the budget submitted to Congress pursuant to section
1105(a) of title 31, United States Code, for that fiscal year and
the multiyear defense program submitted to Congress in connection
with that budget pursuant to section 114a of title 10, United
States Code, propose sufficient resources for executing the
updated mine countermeasures master plan; and
(3) the Chairman of the Joint Chiefs of Staff has determined
that the budget resources for mine countermeasures and the updated
mine countermeasures master plan are sufficient.
SEC. 217. NON-ACOUSTIC ANTI-SUBMARINE WARFARE PROGRAM.
After December 31, 1991, funds appropriated or otherwise made
available to the Department of the Navy for fiscal years 1992 and 1993
may not be obligated for research, development, test, and evaluation for
non-acoustic anti-submarine warfare unless the Secretary of Defense has
certified to the congressional defense committees, before any such
obligation, that --
(1) the Department of Defense is conducting two viable,
independent non-acoustic anti-submarine warfare programs within
the Department; and
(2) at least one such program is not managed within the
Department of the Navy.
SEC. 218. ANTI-SUBMARINE WARFARE WEAPON SYSTEM REQUIREMENTS.
(a) REPORT. -- The Secretary of the Navy shall submit to the
congressional defense committees a report containing an analysis of the
requirements of the Navy for antisubmarine weapons systems and the
program and plans of the Navy for meeting those requirements.
(b) CONTENT OF REPORT. -- The report shall include the following:
(1) A description of the operational requirements of the Navy
for antisubmarine weapons for launch from submarines, for launch
from surface ships, and for launch from aircraft.
(2) A description of weapons and alternative candidate weapons
systems, concepts, and technologies that could satisfy those
operational requirements, to include heavyweight torpedoes,
lightweight torpedoes, quick-reaction weapons for surface ships,
long-range weapons for surface ships, long-range weapons for
submarines, and any other weapons concept considered for meeting
the requirements stated in paragraph (1).
(3) An estimate of the costs associated with developing,
acquiring, operating, and maintaining each of the weapons and
alternatives described under paragraph (2).
(4) A detailed description of the programs and plans of the
Navy for meeting its antisubmarine weapons systems requirements
and for developing, acquiring, and operating antisubmarine
weapons, including identification of funding requested for those
programs and plans for fiscal year 1993.
(c) DEADLINE FOR SUBMISSION OF REPORT. -- The report under
subsection (a) shall be submitted not later than May 15, 1992.
SEC. 219. SHIP-TO-SHORE FIRE SUPPORT.
(a) R&D PROGRAM. -- The Secretary of the Navy shall establish a
naval surface fire support research and development program. The
Secretary shall, with the budget request for fiscal year 1993, submit to
the congressional defense committees a review of the fiscal year 1992
program for investigation, demonstration, and evaluation of potential
technologies and weapons systems for improving ship-to-shore fire
support.
(b) INITIAL REPORT. -- Not later than six months after the date of
the enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a comprehensive report on naval
ship-to-shore fire support requirements. The report shall be prepared
in consultation with the Chief of Naval Operations and the Commandant of
the Marine Corps and shall include the following:
(1) A description of operational requirements of the Navy and
of the Marine Corps for naval surface fire support of amphibious
and strike operations and a summary of the analysis supporting
these requirements.
(2) A survey of the alternative technologies and other options
which could be useful in meeting the requirements described under
paragraph (1), including specifically --
(A) options based on guns, multiple-launch rockets, or
missiles; and
(B) references to relevant activities being pursued by other
military departments and Defense agencies and in private industry.
(3) Identification of the funds requested for fiscal year 1993
for ship-to-shore fire support, identification of plans and
programs for ship-to-shore fire support programs in future years,
and a description of the plan of the Navy for improving
ship-to-shore fire support in the near term (with improvements
that are capable of being introduced into the fleet within five
years).
(c) SECOND REPORT. -- No later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a second report on ship-to-shore fire
support. That report shall include the following:
(1) A cost and operational effectiveness analysis (COEA) based
on the requirements and technologies identified in the report
under subsection (b), to include evaluation of the effectiveness
and use of gun, multiple-launch rocket, and missile systems for
surface fire support, both independently and in conjunction with
fires from attack helicopter and fixed-wing aircraft.
(2) The near-term plans and the long-term plans of the Navy for
meeting its ship-to-shore fire support requirements and a
description of the research, development, test, and evaluation
programs and of the procurement programs to be carried out in
support of those plans.
(d) INDEPENDENT STUDY AND ANALYSIS. -- (1) The Secretary of Defense
shall provide for an independent study of naval ship-to-shore fire
support requirements to be conducted by the Institute for Defense
Analysis, a Federal contract research center. The study shall include
(A) an assessment of the operational requirements of the Navy and of the
Marine Corps for naval surface fire support of amphibious and strike
operations and an independent review and analysis of alternative
candidates for meeting both near-term requirements and long-term
requirements for ship-to-shore fire support, and (B) an evaluation of
the use and cost effectiveness of gun, multiple-launch rocket, and
missile systems for ship-to-shore fire support. The Institute shall
submit interim and final reports to the Secretary on such study at such
times as the Secretary may require.
(2) The Secretary shall submit an interim report on the results of
the study under paragraph (1) to the congressional defense committees
within six months after the date of the enactment of this Act. The
interim report shall focus on near-term systems and concepts that can be
introduced into the fleet within five years and shall identify the
preferred technologies for development in the near term.
(3) The Secretary shall submit a final report on the results of the
study to the congressional defense committees within one year after the
date of the enactment of this Act. The final report shall include a
more thorough survey of the available and projected technologies that
may be relevant to the mission requirements of the Navy for surface
ship-to-shore fire support during the period ten-to-fifteen years after
the date of the enactment of this Act.
(e) RESTRICTION ON USE OF FUNDS. -- Of the funds appropriated
pursuant to authorizations of appropriations in this Act for the Navy
ship-to-shore fire support program --
(1) up to $2,500,000 may be used for the study required by
subsection (b) and for the cost and operational effectiveness
analysis required under subsection (c); and
(2) up to $1,500,000 may be used for the study required under
subsection (d).
SEC. 220. SUPERCONDUCTING MAGNETIC ENERGY STORAGE PROJECT.
(a) PROJECT OFFICE. -- The Secretary of Defense shall establish or
designate an office within the Department of Defense to have
responsibility for the Superconducting Magnetic Energy Storage Project.
The project shall be carried out in coordination with the Secretary of
Energy.
(b) PLAN. -- (1) The Secretary of Defense shall develop a plan for
the project. The plan shall be developed in cooperation with the
Secretary of Energy and shall include provisions for sharing of the
costs of the project by each Department.
(2) The plan shall be designed so as to lead to the demonstration of
an engineering test model of the superconducting magnetic storage
system.
(3) The plan shall be submitted to the Congress not later than April
1, 1992.
(c) FUNDING FOR FISCAL YEAR 1992. -- Of the amounts authorized to be
appropriated pursuant to section 201 for fiscal year 1992, $20,000,000
shall be available to conduct planning and initial design activities for
the project.
SEC. 221. SEALIFT RESEARCH AND DEVELOPMENT.
The Secretary of the Navy may transfer not to exceed $25,000,000 from
unobligated funds appropriated for the Navy for fiscal year 1991 for
shipbuilding and conversion and made available for sealift to amounts
appropriated for the Navy for fiscal year 1992 for research,
development, test, and evaluation, to be available for the sealift
program established pursuant to section 1424 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1683; 10 U.S.C. 7291 note). The authority under the preceding sentence
is available only to the extent provided in appropriations Acts.
SEC. 222. ICBM MODERNIZATION PROGRAM.
(a) FUNDING. -- Of the amounts appropriated pursuant to section 201
for fiscal year 1992, not more than $566,444,000 shall be available for
the intercontinental ballistic missile (ICBM) modernization program, of
which --
(1) not more than $548,838,000 shall be available for the small
ICBM (SICBM) program; and
(2) none shall be available for the rail garrison MX (RGMX)
program.
(b) LIMITATION. -- (1) The funds described in subsection (a)(1) may
not be obligated until the Secretary of Defense certifies to the
congressional defense committees that a sufficient amount of such funds
will be obligated to conduct a viable program of research and
development of mobile basing options for the SICBM program consistent
with the sense of Congress set forth in section 231(b)(4) of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1516).
(2) Not later than 90 days after the date on which the Secretary
makes a certification under paragraph (1), the Secretary shall submit to
the congressional defense committees a report describing --
(A) the revised research and development program for SICBM
mobile basing options;
(B) the amount of the funds that the Secretary intends to
obligate in each of fiscal years 1992 through 1997 for such
program; and
(C) the earliest date on which a SICBM mobile basing option
will be available in the event that conditions warrant a rebasing
of the missile from existing Minuteman ICBM silos.
(c) REPORT. -- Not later than March 1, 1992, the Secretary of
Defense shall submit to the congressional defense committees a report on
the cost and practicality of extending the service life of existing
Minuteman III ICBMs beyond the year 2010.
(d) AVAILABILITY OF UNOBLIGATED FISCAL YEAR 1991 FUNDS. -- (1) Of
the balance of the amount appropriated for the Air Force for fiscal year
1991 for research, development, test, and evaluation for ICBM
modernization that remains available for obligation, $17,500,000 may, to
the extent provided in appropriations Acts, be used during fiscal year
1992 for obligation for the procurement of MX missiles.
(2) The authority provided in paragraph (1) does not extend the
period of the availability for obligation of the funds referred to in
that paragraph.
(3) The authority provided in paragraph (1) is in addition to any
other transfer authority provided in this or any other Act.
SEC. 231. "10 USC 2431 note" SHORT TITLE.
This part may be cited as the "Missile Defense Act of 1991".
SEC. 232. MISSILE DEFENSE GOAL OF THE UNITED STATES.
(a) MISSILE DEFENSE GOAL. -- It is a goal of the United States to --
(1) deploy an anti-ballistic missile system, including one or
an adequate additional number of anti-ballistic missile sites and
space-based sensors, that is capable of providing a highly
effective defense of the United States against limited attacks of
ballistic missiles;
(2) maintain strategic stability; and
(3) provide highly effective theater missile defenses (TMDs) to
forward-deployed and expeditionary elements of the Armed Forces of
the United States and to friends and allies of the United States.
(b) ENDORSEMENT OF ADDITIONAL MEASURES. -- As an additional
component of the overall goal of protecting the United States against
the threat posed by ballistic missiles, Congress endorses such
additional measures as --
(1) joint discussions between the United States and the Soviet
Union on strengthening nuclear command and control, to include
discussions concerning the use of permissive action links and
post-launch destruct mechanisms on all intercontinental-range
ballistic missiles of the two nations;
(2) reductions that enhance stability in strategic weapons of
the United States and Soviet Union to levels below the limitations
of the Strategic Arms Reduction Talks (START) Treaty, to include
the down-loading of multiple warhead ballistic missiles; and
(3) reinvigorated efforts to halt the proliferation of
ballistic missiles and weapons of mass destruction.
SEC. 233. IMPLEMENTATION OF GOAL.
(a) IN GENERAL. -- To implement the goal specified in section
232(a), the Congress --
(1) directs the Secretary of Defense to take the actions
specified in subsection (b); and
(2) urges the President to take the actions described in
subsection (c).
(b) ACTIONS OF THE SECRETARY OF DEFENSE. --
(1) THEATER MISSILE DEFENSE OPTIONS. -- The Secretary of
Defense shall aggressively pursue the development of advanced
theater missile defense systems, with the objective of
downselecting and deploying such systems by the mid-1990s.
(2) INITIAL DEPLOYMENT. -- The Secretary shall develop for
deployment by the earliest date allowed by the availability of
appropriate technology or by fiscal year 1996 a cost-effective,
operationally-effective, and ABM Treaty-compliant anti-ballistic
missile system at a single site as the initial step toward
deployment of an anti-ballistic missile system described in
section 232(a)(1) designed to protect the United States against
limited ballistic missile threats, including accidental or
unauthorized launches or Third World attacks. The system to be
developed should include --
(A) 100 ground-based interceptors, the design of which is to be
determined by competition and downselection for the most capable
interceptor or interceptors;
(B) fixed, ground-based, anti-ballistic missile battle
management radars; and
(C) optimum utilization of space-based sensors, including
sensors capable of cueing ground-based anti-ballistic missile
interceptors and providing initial targeting vectors, and other
sensor systems that also are not prohibited by the ABM Treaty,
such as a ground-based sub-orbital surveillance and tracking
system.
(3) DEPLOYMENT PLAN. -- Within 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a plan for the deployment of
theater missile defense systems and an anti-ballistic missile
system which meet the guidelines established in paragraphs (1) and
(2).
(c) PRESIDENTIAL ACTIONS. --
(1) NEGOTIATIONS REGARDING THE ABM TREATY. -- Congress
recognizes the President's call on September 27, 1991, for
"immediate concrete steps" to permit the deployment of defenses
against limited ballistic missile strikes and the response of the
President of the Soviet Union undertaking to consider such
proposals from the United States on nonnuclear ABM systems.
(2) In this regard, Congress urges the President to pursue
immediate discussions with the Soviet Union on the feasibility and
mutual interests of amendments to the ABM Treaty to permit the
following:
(A) Construction of anti-ballistic missile sites and deployment
of ground-based anti-ballistic missile interceptors in addition to
those currently permitted under the ABM Treaty.
(B) Increased use of space-based sensors for direct battle
management.
(C) Clarification of what development and testing of
space-based missile defenses is permissible under the ABM Treaty.
(D) Increased flexibility for technology development of
advanced ballistic missile defenses.
(E) Clarification of the distinctions for the purposes of the
ABM Treaty between theater missile defenses and anti-ballistic
missile defenses, including interceptors and radars.
SEC. 234. FOLLOW-ON TECHNOLOGY RESEARCH.
(a) FOLLOW-ON ANTI-BALLISTIC MISSILE TECHNOLOGIES. -- To effectively
develop technologies relating to achieving the goal specified in section
232(a) and to provide future options for protecting the security of the
United States and the allies and friends of the United States, robust
funding for research and development for promising follow-on
anti-ballistic missile technologies, including Brilliant Pebbles, is
required.
(b) EXCLUSION FROM INITIAL PLAN. -- Deployment of Brilliant Pebbles
is not included in the initial plan for the limited defense system
architecture described in section 232(a).
(c) REPORT AND LIMITATION. -- The Secretary of Defense shall submit
to the congressional defense committees a report on conceptual and
burden sharing issues associated with the option of deploying
space-based interceptors (including Brilliant Pebbles) for the purpose
of providing global defenses against ballistic missile attacks. Not
more than 50 percent of the funds made available for the purposes
described in section 237(b)(3) for the Space-Based Interceptors program
element for fiscal year 1992 may be obligated for the Brilliant Pebbles
program until 45 days after submission of the report.
SEC. 235. PROGRAM ELEMENTS FOR STRATEGIC DEFENSE INITIATIVE.
(a) EXCLUSIVE ELEMENTS. -- The following program elements shall be
the exclusive program elements for the Strategic Defense Initiative:
(1) Limited Defense System.
(2) Theater Missile Defenses.
(3) Space-Based Interceptors.
(4) Other Follow-On Systems.
(5) Research and Support Activities.
(b) APPLICABILITY TO BUDGETS. -- The program elements specified in
subsection (a) shall be the only program elements used in the program
and budget provided concerning the Strategic Defense Initiative
submitted to Congress by the Secretary of Defense in support of the
budget submitted to Congress by the President under section 1105 of
title 31, United States Code, for any fiscal year.
SEC. 236. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJECTIVES FOR
SDI PROGRAM ELEMENTS.
(a) LIMITED DEFENSE SYSTEM PROGRAM ELEMENT. -- The Limited Defense
System program element shall include programs, projects, and activities
(and supporting programs, projects, and activities) which have as a
primary objective the development of systems, components, and
architectures for a deployable anti-ballistic missile system as
described in section 232(a)(1) capable of providing a highly effective
defense of the United States against limited ballistic missile threats,
including accidental or unauthorized launches or Third World attacks,
but below a threshold that would bring into question strategic
stability. Such activities shall include those activities necessary to
develop and test systems, components, and architectures capable of
deployment by fiscal year 1996 as part of an ABM Treaty-compliant
initial site defensive system. For purposes of planning, evaluation,
design, and effectiveness studies, such programs, projects, and
activities may take into consideration both the current limitations of
the ABM Treaty and modest changes to its numerical limitations and its
limitations on the use of space-based sensors.
(b) THEATER MISSILE DEFENSES PROGRAM ELEMENT. -- The Theater Missile
Defenses program element shall include programs, projects, and
activities (including those associated before the date of the enactment
of this Act with the Tactical Missile Defense Initiative) that have as
primary objectives either of the following:
(1) The development of deployable and rapidly relocatable
advanced theater missile defenses capable of defending
forward-deployed and expeditionary elements of the Armed Forces of
the United States, to be carried out with the objective of
selecting and deploying more capable theater missile defense
systems by the mid-1990s.
(2) Cooperation with friendly and allied nations in the
development of theater defenses against tactical or theater
ballistic missiles.
(c) SPACE-BASED INTERCEPTORS PROGRAM ELEMENT. -- The Space-Based
Interceptors program element shall include programs, projects, and
activities (and supporting programs, projects, and activities) that have
as a primary objective the conduct of research on space-based
kinetic-kill interceptors and associated sensors that could provide an
overlay to ground-based anti-ballistic missile interceptors.
(d) OTHER FOLLOW-ON SYSTEMS PROGRAM ELEMENT. -- The Other Follow-On
Systems program element shall include programs, projects, and activities
that have as a primary objective the development of technologies capable
of supporting systems, components, and architectures that could produce
highly effective defenses for the future.
(e) RESEARCH AND SUPPORT ACTIVITIES PROGRAM ELEMENT. -- The Research
and Support Activities program element shall include programs, projects,
and activities that have as primary objectives the following:
(1) The provision of basic research and technical, engineering,
and managerial support to the programs, projects, and activities
within the program elements referred to in subsection (a) through
(d).
(2) Innovative science and technology projects.
(3) The provision of necessary test and evaluation services
other than those required for a specific program element.
(4) Program management.
SEC. 237. STRATEGIC DEFENSE INITIATIVE FUNDING.
(a) TOTAL AMOUNT. -- Of the amounts appropriated pursuant to section
201 for fiscal year 1992 or otherwise made available to the Department
of Defense for research, development, test, and evaluation for fiscal
year 1992, not more than $4,150,000,000 may be obligated for the
Strategic Defense Initiative.
(b) SPECIFIC AMOUNTS FOR THE PROGRAM ELEMENTS. -- Of the amount
described in subsection (a) --
(1) not more than $1,521,780,000 shall be available for
programs, projects, and activities within the Limited Defense
System program element;
(2) not more than $828,710,000 shall be available for programs,
projects, and activities within the Theater Missile Defenses
program element;
(3) not more than $465,000,000 shall be available for programs,
projects, and activities within the Space-Based Interceptors
program element, of which not more than $390,000,000 shall be
available for the Brilliant Pebbles program account;
(4) not more than $629,550,500 shall be available for programs,
projects, and activities within the Other Follow-On Systems
program element; and
(5) not more than $704,959,500 shall be available for programs,
projects, and activities within the Research and Support
Activities program element.
(c) ENVIRONMENTAL IMPACT STATEMENT. -- Of the amount described in
paragraph (b)(1) --
(1) not more than $5,000,000 may be used to carry out an
expeditious site-specific environmental impact statement in
accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) not more than $40,000,000 may be used to conduct studies,
site surveys, technical assessments, analysis, and refurbishments
to remove the Grand Forks anti-ballistic missile site from its
deactivated status.
The Congress hereby expressly waives any and all requirements to
evaluate alternative sites to the site at Grand Forks.
(d) REPORTING REQUIREMENT. -- Not later than 90 days after the date
of the enactment of this Act, 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 1992.
The report shall specify the amount of such funds allocated for each
program, project, and activity of the Strategic Defense Initiative and
shall list each Strategic Defense Initiative program, project, and
activity under the appropriate program element.
(e) TRANSFER AUTHORITIES. --
(1) IN GENERAL. -- Before the submission of the report
required under subsection (d) and notwithstanding the limitations
set forth in subsection (b), the Secretary of Defense may transfer
funds among the program elements named in subsection (b).
(2) LIMITATION. -- The total amount that may be transferred to
or from any program element named in subsection (b) --
(A) may not exceed 10 percent of the amount provided in such
subsection for the program element from which the transfer is
made; and
(B) may not result in an increase of more than 10 percent of
the amount provided in such subsection for the program element to
which the transfer is made.
(3) EXCEPTION. -- Transfer authority may not be used for a
decrease in funds identified in subsection (b)(2) for Theater
Missile Defenses.
(4) MERGER AND AVAILABILITY. -- Amounts transferred pursuant
to paragraph (1) shall be merged with and be available for the
same purposes as the amounts to which transferred.
(f) LAND TRANSFER, NORTH DAKOTA. -- The Administrator of the General
Services Administration shall, without reimbursement and no later than
90 days after the date of the enactment of this Act, transfer
accountability of the real property and improvements thereon, comprising
approximately 473 acres (fee and easements) located within and
contiguous to the Grand Forks SAFEGUARD-MSR site at Nekoma, North
Dakota, to the Secretary of the Army.
SEC. 238. REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS.
As deployment at the anti-ballistic missile site described in section
233(b)(2) draws near to the deployment date of fiscal year 1996, the
President and the Congress shall assess the progress in the ABM Treaty
amendments negotiation called for under section 233(c) and shall
consider the options available to the United States as now exist under
the ABM Treaty. To assist in this review process, the President shall
submit to the Congress not later than May 1, 1994, an interim report on
the progress of the negotiations.
SEC. 239. ABM TREATY DEFINED.
For purposes of this part, the term "ABM Treaty" means the Treaty
between the United States of America and the Union of Soviet Socialist
Republics on the Limitation of Anti-Ballistic Missiles, signed in Moscow
on May 26, 1972.
SEC. 240. INTERPRETATION.
Nothing in this part may be construed to imply --
(1) congressional authorization for development, testing, or
deployment of anti-ballistic missile systems in violation of the
ABM Treaty, including any protocol or amendment to that treaty;
or
(2) final congressional authorization for deployment of
anti-ballistic missile systems in compliance with the ABM Treaty.
SEC. 241. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) COOPERATIVE RESEARCH AND DEVELOPMENT. -- Congress endorses a
continuing program of cooperative research and development, jointly
funded by the United States and the government of Israel, on the Arrow
Tactical Anti-Missile program with a view to proving out (through such
cooperative research and development) the feasibility and practicality
of the system.
(b) ARROW DEPLOYABILITY INITIATIVE. -- (1) Subject to paragraphs (2)
and (3), the Secretary of Defense may obligate from funds appropriated
pursuant to section 201 for fiscal year 1992 up to $54,400,000 for the
purpose of initiating research and development of systems to deploy the
Arrow missile in the future, such as battle management, lethality,
system integration, test bed, and fire control radar. Funds for such
purpose may not be derived from funds available for the Strategic
Defense Initiative.
(2) The authority under paragraph (1) is in addition to any other
authority provided in this Act regarding the Arrow Tactical Anti-Missile
program.
(3) Funds may not be obligated for the purpose described in paragraph
(1) unless --
(A) the United States and the government of Israel enter into a
Memorandum of Understanding governing the conduct and funding of
such an effort;
(B) the Secretary of Defense certifies to the congressional
defense committees that the Arrow missile has successfully
completed the current four-test proof-of-principle flight test
program; and
(C) the President has certified to Congress --
(i) with respect to any waiver of activities sanctionable under
the laws described in paragraph (4) granted on or before the date
of the enactment of this Act to any firm involved in the Arrow
program at the time of such certification, that such activities
have been terminated and the government of the nation in which
such firm is located has given assurances to the United States
that such activities by such firm will not be repeated; and
(ii) that the government of Israel has undertaken to adopt
export controls pursuant to the Guidelines and Annex of the
Missile Technology Control Regime (MTCR).
(4) The laws referred to in paragraph (3)(C)(i) are section 73(a)(1)
of the Arms Export Control Act, section 11B(b)(1) of the Export
Administration Act of 1979, and sections 1702 and 1703 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510).
SEC. 242. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS
OR COMPONENTS.
(a) USE OF FUNDS. --
(1) LIMITATION. -- Funds appropriated to the Department of
Defense for fiscal year 1992, or otherwise made available to the
Department of Defense from any funds appropriated for fiscal year
1992 or for any fiscal year before 1992, may not be obligated or
expended --
(A) for any development or testing of anti-ballistic missile
systems or components except for development and testing
consistent with the development and testing described in the May
1991 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 anti-ballistic missile systems or
components, except for material or equipment required for
development or testing consistent with the development and testing
described in the May 1991 SDIO Report.
(2) EXCEPTION. -- The limitation under paragraph (1) shall not
apply to funds transferred to or for the use of the Strategic
Defense Initiative for fiscal year 1992 if the transfer is made in
accordance with section 1001 of this Act.
(b) DEFINITION. -- In this section, the term "May 1991 SDIO Report"
means the report entitled, "1991 Report to Congress on the Strategic
Defense Initiative," dated May 16, 1991, 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 224 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1398; 10
U.S.C. 2431).
SEC. 251. MEDICAL COUNTERMEASURES AGAINST BIOWARFARE THREATS.
(a) FUNDING. -- Of the amounts appropriated pursuant to section 201
for fiscal year 1992, not more than $53,800,000 shall be available for
the medical component of the Biological Defense Research Program (BDRP)
of the Department of Defense.
(b) LIMITATIONS. -- (1) No funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1992 may be
obligated or expended for product development, or for research,
development, testing, or evaluation, of medical countermeasures against
a biowarfare threat except for medical countermeasures against a
validated biowarfare threat agent or a potential (far-term) biowarfare
threat agent.
(2) Of the funds made available pursuant to subsection (a), not more
than $10,000,000 may be obligated or expended for research, development,
testing, and evaluation of medical countermeasures against potential
(far-term) biowarfare threats.
(c) DEFINITIONS. -- In this section:
(1) The term "biowarfare threat agent" means a biological agent
that --
(A) is named in the biological warfare threat list published
jointly by the Defense Intelligence Agency (DIA) and the Armed
Forces Medical Intelligence Center (AFMIC); or
(B) is identified as a biowarfare agent by the Deputy Chief of
Staff of the Army for Intelligence in accordance with Army
regulations applicable to intelligence support for the medical
component of the Biological Defense Research Program.
(2) The term "validated biowarfare threat agent" means a
biowarfare threat agent that is being or has been developed or
produced for weaponization within 10 years, as assessed and
determined jointly by the Defense Intelligence Agency and the
Armed Forces Medical Intelligence Center.
(3) The term "potential (far-term) biowarfare threat agent"
means a biowarfare threat agent that is an emerging or future
biowarfare threat, is the object of research by a foreign threat
country, and will be ready for weaponization in more than 10 years
and less than 20 years, as assessed and determined jointly by the
Defense Intelligence Agency and the Armed Forces Medical
Intelligence Center.
(4) The term "weaponization" means incorporation into usable
ordnance or other militarily useful means of delivery.
SEC. 252. UNIVERSITY RESEARCH INITIATIVE.
Of the amounts authorized to be appropriated for fiscal year 1992
pursuant to section 201, $182,373,000 shall be available for research
and development under the University Research Initiative program of the
Department of Defense, of which $30,000,000 shall be available only for
research in advanced manufacturing technologies and industrial
processes.
SEC. 253. GRANT FOR THE INSTITUTE FOR ADVANCED SCIENCE AND
TECHNOLOGY.
(a) AUTHORITY TO MAKE GRANT. -- Of the amount authorized to be
appropriated pursuant to section 201 for the Defense Agencies, and as
previously authorized in Public Law 101-510 and appropriated in Public
Law 101-511 for the establishment of an Institute for Advanced Science
and Technology (IAST), an additional $25,000,000 shall be made available
until expended as a grant. The grant shall be made to the institution
of higher education which has been selected as the site, through
competitive procedures and based on the qualifications stipulated in
section 243 of Public Law 101-510, of the Institute for Advanced Science
and Technology for Phase II.
(b) COST-SHARING REQUIREMENT. -- The grant under subsection (a)
shall be available for construction of the facility for the institute.
In making the grant, the Secretary of Defense shall ensure that the
Federal share of the cost of the construction project does not exceed 50
percent of the total cost of the project.
(c) PURPOSE OF GRANTS. -- The grant shall be used to support
development of critical technologies as identified by the Department of
Defense in its Critical Technologies Plan as required by Public Law
100-456.
SEC. 254. ADVANCED APPLIED TECHNOLOGY DEMONSTRATION FACILITY FOR
ENVIRONMENTAL TECHNOLOGY.
(a) AUTHORITY TO MAKE GRANT. -- Of the amount authorized to be
appropriated for research, development, test, and evaluation for fiscal
year 1992 for the Defense Agencies, $20,000,000 shall be available for a
grant to a nonprofit organization or an institution of higher education
to establish an advanced applied technology demonstration facility for
environmental technology. Such grant shall be awarded through the use
of competitive procedures.
(b) QUALIFICATIONS. -- A grant under subsection (a) may be awarded
only to an organization of institution that --
(1) has nationally recognized expertise in environmental
technology and business administration; and
(2) proposes a clear plan (as determined by the Secretary of
Defense) showing how its management of such a facility will be
usable by the Department of Defense in resolving environmental
cleanup problems of the Department.
(c) COST SHARING. -- In evaluating proposals for a grant under
subsection (a), the Secretary of Defense shall consider as favorable
evaluation factors for the award of the grant provisions of such a
proposal under which the organization or institution submitting the
proposal --
(1) proposes that, if awarded the grant, it will agree to have
available all equipment necessary to conduct environmental cleanup
demonstration projects at the facility; and
(2) demonstrates that it has, or upon receipt of the grant will
obtain, secure sources of funding such that --
(A) the Federal share of the administrative costs of the
facility established with the grant will not exceed one-half of
the total administrative costs of the facility for the first two
years of the operation of the facility; and
(B) no Department of Defense assistance for the operation of
the facility will be required after the first three years of the
operation of the facility.
SEC. 255. CONTINUED COOPERATION WITH JAPAN ON TECHNOLOGY RESEARCH
AND DEVELOPMENT.
Of the funds authorized to be appropriated pursuant to section 201
for research, development, test, and evaluation for fiscal year 1992,
and made available for basic research, exploratory development, and
advanced technology, $10,000,000 shall be available for such fiscal year
for research and development projects conducted jointly by the United
States and Japan in accordance with section 1454(d) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1695).
SEC. 256. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) WORKLOAD LEVELS TO BE SPECIFIED IN BUDGET DOCUMENTS. -- (1)
Section 2367 of title 10, United States Code, is amended by adding at
the end the following:
"(d) IDENTIFICATION TO CONGRESS OF FFRDC WORKLOAD EFFORT. -- (1) In
the documents provided to Congress by the Secretary of Defense in
support of the budget submitted by the President under section 1105 of
title 31 for any fiscal year, the Secretary shall set forth the proposed
amount of the man-years of effort to be funded by the Department of
Defense for each federally funded research and development center for
the fiscal year covered by that budget.
"(2) After the close of a fiscal year, and not later than January 1
of the next year, the Secretary shall submit to the Committees on Armed
Services and the Committees on Appropriations of the Senate and House of
Representatives a report setting forth the actual obligations and the
actual man-years of effort expended at each federally funded research
and development center during that fiscal year.".
(2)(A) Paragraph (1) of subsection (d) of section 2367 of title 10,
"10 USC 2367 note" United States Code, as added by paragraph (1), shall
take effect with respect to the budget submitted for fiscal year 1994.
(B) Paragraph (2) of such subsection shall take effect with respect
to fiscal year 1992.
(b) MAN-YEAR LIMITATIONS. -- Funds appropriated or otherwise made
available for the Department of Defense for fiscal years 1992 and 1993
may not be obligated at any of the following federally funded research
and development centers in order to obtain work in excess of the number
of man-years specified for that center as follows:
(1) For the Center for Naval Analysis, 270.
(2) For the Institute for Defense Analysis --
(A) for studies and analysis, 320;
(B) for systems and engineering in connection with operational
test and evaluation, 75; and
(C) for research and development in connection with command,
control, communications, and intelligence, 150.
(3) For the Rand Project Air Force, 150.
(4) For the National Defense Research Institute, 160.
(5) For the Arroyo Center, 150.
(6) For the Logistics Management Institute, 140.
(7) For the Aerospace Corporation, 2,500.
(8) For the MIT Lincoln Laboratory, 1,150.
(9) For the Software Enginerring Institute, 160.
(10) For the Institute for Advanced Technology, 40.
(c) FUNDING LIMITATION. -- Of the funds appropriated or otherwise
made available for the Department of Defense for fiscal years 1992 and
1993, not more than $446,000,000 may be obligated for the federally
funded research and development center of MITRE.
(d) AUTHORITY TO WAIVE LIMITATIONS. -- The Secretary of Defense may
waive a limitation in subsection (b) or (c) in the case of any federally
funded research and development center. Such a waiver may not be
implemented until the Secretary notifies the congressional defense
committees of the proposed waiver and the reasons for the waiver and a
period of 60 days elapses after the date on which the notification is
made. However, in a case in which the Secretary determines that it is
essential to the national security that funds be obligated for work in
excess of that limitation before the end of such 60-day period, the
Secretary may waive such 60-day period upon notification to the
congressional defense committees of that determination and the reasons
for the determination.
SEC. 257. REVISION IN MEMBERSHIP OF STRATEGIC ENVIRONMENTAL RESEARCH
AND DEVELOPMENT PROGRAM COUNCIL: MEMBERSHIP ON COUNCIL AND ON
SCIENTIFIC ADVISORY BOARD.
(a) REVISION IN MEMBERSHIP OF COUNCIL. -- Section 2902(b) of title
10, United States Code, is amended --
(1) by striking out "nine members" and inserting in lieu
thereof "thirteen members";
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
"(9) One representative from each of the Army, Navy, Air Force,
and Coast Guard, who shall be non-voting members.".
(b) REVISION IN MEMBERSHIP OF ADVISORY BOARD. -- Section 2904 of
such title is amended --
(1) in subsection (a), by striking out "13 members" and
inserting in lieu thereof "14 members"; and
(2) in subsection (b), by striking out paragraph (1) and
inserting in lieu thereof the following:
"(1) The following persons shall be permanent members of the Advisory
Board:
"(A) The Science Advisor to the President, or his designee.
"(B) The Administrator of the National Oceanic and Atmospheric
Administration, or his designee.".
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Funds are hereby authorized
to be appropriated for fiscal year 1992 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, $21,155,854,000.
(2) For the Navy, $23,185,380,000.
(3) For the Marine Corps, $1,845,500,000.
(4) For the Air Force, $19,657,010,000.
(5) For the Defense Agencies, $8,652,716,000.
(6) For the Army Reserve, $968,200,000.
(7) For the Naval Reserve, $824,600,000.
(8) For the Marine Corps Reserve, $80,900,000.
(9) For the Air Force Reserve, $1,078,700,000.
(10) For the Army National Guard, $2,124,800,000.
(11) For the Air National Guard, $2,276,300,000.
(12) For the National Board for the Promotion of Rifle
Practice, $4,000,000.
(13) For the Defense Inspector General, $120,100,000.
(14) For Drug Interdiction and Counter-Drug Activities,
Defense, $1,158,600,000.
(15) For the Court of Military Appeals, $5,500,000.
(16) For Environmental Restoration, Defense, $1,183,900,000.
(17) For Humanitarian Assistance, $13,000,000.
(b) SPECIAL AUTHORIZATION FOR CONTINGENCIES. -- There are authorized
to be appropriated for fiscal year 1992, in addition to the amounts
authorized to be appropriated in subsection (a) and (c), such sums as
may be necessary --
(1) for unbudgeted increases in fuel costs; and
(2) for unbudgeted increases as a result of inflation in the
cost of activities authorized by subsection (a) and (c).
(c) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993. -- Funds
are hereby authorized to be appropriated for fiscal year 1993 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, $20,039,200,000.
(2) For the Navy, $23,781,100,000.
(3) For the Marine Corps, $2,190,200,000.
(4) For the Air Force, $21,047,600,000.
(5) For the Defense Agencies, $9,119,800,000.
(6) For the Army Reserve, $993,500,000.
(7) For the Naval Reserve, $816,950,000.
(8) For the Marine Corps Reserve, $77,650,000.
(9) For the Air Force Reserve, $1,263,900,000.
(10) For the Army National Guard, $2,116,300,000.
(11) For the Air National Guard, $2,723,600,000.
(12) For the Inspector General of the Department of Defense,
$116,700,000.
(13) For Drug Interdiction and Counter-Drug Activities,
Defense, $1,249,400,000.
(14) For the Court of Military Appeals, $5,900,000.
(15) For Environmental Restoration, Defense, $1,450,200,000.
(16) For Humanitarian Assistance, $13,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1992. -- There
is authorized to be appropriated for fiscal year 1992 for the use of the
Armed Forces and other activities and agencies of the Department of
Defense for providing capital for the Defense Business Operations Fund,
$3,400,200,000.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1993. -- There
is authorized to be appropriated for fiscal year 1993 for the use of the
Armed Forces and other activities and agencies of the Department of
Defense for providing capital for the Defense Business Operations Fund,
$1,145,300,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is authorized to be appropriated for fiscal year 1992 from the
Armed Forces Retirement Home Trust Fund the sum of $57,651,000 for the
operation of the Armed Forces Retirement Home, including the United
States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. HUMANITARIAN ASSISTANCE.
(a) PURPOSE. -- (1) Funds appropriated pursuant to the authorization
in section 301(a)(17) 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.
(2) Of the funds authorized to be appropriated for fiscal year 1992
pursuant to such section for such purpose, not more than $3,000,000
shall be available for distribution of humanitarian relief supplies to
displaced persons or refugees who are noncombatants, including those
affiliated with the Cambodian non-Communist resistance, 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 section for fiscal year 1992 for
humanitarian assistance, other than the funds described in subsection
(a)(2), 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 section 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
section 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
section 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, 1992; 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 303 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1525).
(C) Section 304 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1409).
(D) Section 303 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 1948).
(E) Section 331 of the National Defense Authorization Act for
Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 1078).
(F) Section 305 of the Department of Defense Authorization Act,
Fiscal Year 1986 (Public Law 99-145; 99 Stat. 617).
(5) Section 303 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1525) is amended by striking
out subsection (f).
SEC. 305. SUPPORT FOR THE 1993 WORLD UNIVERSITY GAMES.
(a) AUTHORITY TO PROVIDE SUPPORT. -- The Secretary of Defense may
provide logistical support and personnel services in connection with the
1993 World University Games to be held in the State of New York.
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES. -- (1) Except as provided
in paragraph (2), the costs for pay and nontravel-related allowances of
members of the Armed Forces for the support and services referred to in
subsection (a) may not be charged to appropriations made pursuant to the
authorization in subsection (c).
(2) Paragraph (1) does not apply in the case of members of a reserve
component called or ordered to active duty to provide logistical support
and personnel services for the 1993 World University Games.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for the Department of Defense for fiscal year 1992 the sum
of $3,000,000 to carry out subsection (a).
SEC. 306. SUPPORT FOR THE 1996 SUMMER OLYMPICS.
(a) AUTHORITY TO PROVIDE SUPPORT. -- The Secretary of Defense may
provide logistical support and personnel services in connection with the
1996 games of the XXVI Olympiad to be held in Atlanta, Georgia.
(b) PAY AND NONTRAVEL-RELATED ALLOWANCES. -- (1) Except as provided
in paragraph (2), the costs for pay and nontravel-related allowances of
members of the Armed Forces for the support and services referred to in
subsection (a) may not be charged to appropriations made pursuant to the
authorization of appropriations in subsection (c).
(2) Paragraph (1) does not apply in the case of members of a reserve
component called or ordered to active duty to provide logistical support
and personnel services for the games of the XXVI Olympiad.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for the Department of Defense for fiscal year 1992 the sum
of $2,000,000 to carry out subsection (a).
SEC. 307. PRESIDENTIAL INAUGURATION ASSISTANCE.
(a) FURNISHING OF MATERIALS, SUPPLIES, AND SERVICES. -- With respect
to the Presidential inauguration to take place on January 20, 1993, the
Secretary of Defense may lend materials and supplies, and provide
materials, supplies, and services of personnel, during fiscal years 1992
and 1993 --
(1) to the Inaugural Committee established under the first
section of the Presidential Inaugural Ceremonies Act (36 U.S.C.
721); and
(2) to the joint committee of the Senate and House of
Representatives described in section 9 of that Act (36 U.S.C.
729).
(b) TERMS OF ASSISTANCE. -- Assistance under subsection (a) shall be
loaned or provided in such manner as the Secretary of Defense determines
to be appropriate and under such conditions as the Secretary may
prescribe.
(c) ADDITIONAL AUTHORITY. -- The authority provided by subsection
(a) is in addition to the authority provided by section 2543 of title
10, United States Code.
SEC. 311. LIMITATION ON OBLIGATIONS AGAINST STOCK FUNDS.
(a) LIMITATION. -- (1) The Secretary of Defense may not incur
obligations against the stock funds of the Department of Defense during
fiscal year 1992 in an amount in excess of 80 percent of the sales from
such stock funds during that fiscal year.
(2) For purposes of determining the amount of obligations incurred
against, and sales from, the stock funds during fiscal year 1992, the
Secretary shall exclude obligations and sales for fuel, commissary and
subsistence items, retail operations, repair of equipment, and the cost
of operations.
(b) EXCEPTION. -- The Secretary of Defense may waive the limitation
contained in subsection (a) if the Secretary determines that such waiver
is critical to the national security of the United States. The
Secretary shall immediately notify Congress of any such waiver and the
reasons for such waiver.
SEC. 312. REPEAL OF REQUIREMENT FOR AUTHORIZATION OF CIVILIAN
PERSONNEL BY END STRENGTH.
(a) IN GENERAL. -- Section 115 of title 10, United States Code, is
amended --
(1) in subsection (a), by striking out paragraph (4); and
(2) in subsection (b) --
(A) by inserting "or" at the end of paragraph (2);
(B) by striking out "; or" at the end of paragraph (3) and
inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
(b) CONFORMING AMENDMENT. -- Section 129(a) of such title is amended
--
(1) by striking out "department, (2)" and inserting in lieu
thereof "department and (2)"; and
(2) by striking out ", and (3)" and all that follows through
"fiscal year" in the first sentence.
SEC. 313. LIMITATION RELATING TO CONSOLIDATION OF SUPPLY DEPOTS.
(a) LIMITATION. -- The Secretary of Defense may not proceed with the
consolidation of supply depots under decision 902 of the Defense
Management Review (or any successor of that decision) until the
Secretary --
(1) completes an analysis of the results of the supply depot
consolidations referred to in subsection (c);
(2) makes a determination that an automatic data processing
system in the Department of Defense for the consolidation of
supply depots is developed and operational and meets the
requirements of the military departments; and
(3) submits to Congress a report describing the basis and
results of the analysis under paragraph (1) and the determination
under paragraph (2).
(b) ELEMENTS OF ANALYSIS. -- The analysis required by subsection
(a)(1) shall include --
(1) a determination of the cost savings associated with the
supply depot consolidations referred to in subsection (c); and
(2) an assessment of the effect of those consolidations on the
ability of the military departments to provide mission support.
(c) EXCEPTION. -- Notwithstanding subsection (a), the Secretary of
Defense may proceed with --
(1) the consolidation of the Mechanicsburg, New Cumberland,
Ogden, and Red River supply depots; and
(2) any consolidation of the supply depots made as part of the
Bay Area regional prototype and initiated before the date of the
enactment of this Act.
SEC. 314. LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE
OF MATERIEL.
(a) PERCENTAGE LIMITATION. -- (1) Section 2466 of title 10, United
States Code, is amended to read as follows:
"Section 2466. Limitations on the performance of depot-level
maintenance of materiel
"(a) PERCENTAGE LIMITATION. -- Not less than 60 percent of the funds
available for each fiscal year for depot-level maintenance of materiel
managed for the Department of the Army and the Department of the Air
Force shall be used for the performance of such depot-level maintenance
by employees of the Department of Defense.
"(b) PROHIBITION ON MANAGEMENT BY END STRENGTH. -- The civilian
employees of the Department of Defense involved in the depot-level
maintenance of materiel may not be managed on the basis of any
end-strength constraint or limitation on the number of such employees
who may be employed on the last day of a fiscal year. Such employees
shall be managed solely on the basis of the available workload and the
funds made available for such depot-level maintenance.
"(c) WAIVER OF LIMITATION. -- The Secretary of the Army, with
respect to the Department of the Army, and the Secretary of the Air
Force, with respect to the Department of the Air Force, may waive the
applicability of subsection (a) for a fiscal year, to a particular
workload, or to a particular depot-level activity if the Secretary
determines that the waiver is necessary for reasons of national security
and notifies Congress regarding the reasons for the waiver.
"(d) EXCEPTION. -- Subsection (a) shall not apply with respect to
the Sacramento Army Depot, Sacramento, California.
"(e) REPORTS. -- Not later than January 15, 1992, and January 15,
1993, the Secretary of the Army and the Secretary of the Air Force shall
jointly submit to Congress a report describing the progress during the
preceding fiscal year to achieve and maintain the percentage of
depot-level maintenance required to be performed by employees of the
Department of Defense pursuant to subsection (a).".
(2) The item relating to section 2466 of title 10, United States
Code, in the table of sections at the beginning of chapter 146 of such
title is amended to read as follows:
"2466. Limitations on the performance of depot-level maintenance of
materiel.".
(3) The Secretary of the Army and the Secretary of the Air Force may
not cancel a depot-level maintenance contract in effect on the date of
the enactment of this Act in order to comply with the requirements of
section 2466(a) of such title, "10 USC 2466 note" as amended by
subsection (a).
(b) COMPETITION PILOT PROGRAM. -- (1) During fiscal years 1992 and
1993, the Secretary of Defense shall conduct a pilot program under which
competitive procedures are used to select entities to perform
depot-level maintenance of materiel for the Department of the Army and
the Department of the Air Force. Entities eligible for selection shall
include depot-level activities of the Department of Defense. The
program may not involve more than 10 percent of all depot-level
maintenance of materiel that is not required to be performed by
employees of the Department of Defense pursuant to the limitations
contained in section 2466 of title 10, "10 USC 2466 note" United States
Code.
(2) Section 922 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1627) is repealed.
(c) "10 USC 2466 note" REVIEW BY COMPTROLLER GENERAL. -- Not later
than February 1, 1994, the Comptroller General shall submit to Congress
an evaluation of all depot maintenance workloads of the Department of
Defense, including Navy depot maintenance workloads, that are performed
by an entity selected pursuant to competitive procedures.
(d) "10 USC 2466 note" REPORT BY SECRETARY OF DEFENSE. -- Not later
than December 1, 1993, the Secretary of Defense shall submit to Congress
a report --
(1) containing a five-year strategy of the Department of
Defense to use competitive procedures for the selection of
entities to perform depot maintenance workloads; and
(2) describing the cost savings anticipated through the use of
those procedures.
SEC. 315. TWO-YEAR EXTENSION OF AUTHORITY OF BASE COMMANDERS OVER
CONTRACTING FOR COMMERCIAL ACTIVITIES.
(a) EXTENSION. -- Section 2468(f) of title 10, United States Code,
is amended by striking "September 30, 1991" and inserting in lieu
thereof "September 30, 1993".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "10 USC
2468 note" shall take effect as of September 30, 1991.
SEC. 316. "10 USC 2208 note" LIMITATIONS ON THE USE OF DEFENSE
BUSINESS OPERATIONS FUND.
(a) MANAGEMENT METHOD. -- During the period beginning on the date of
the enactment of this Act and ending on April 15, 1993, the Secretary of
Defense may manage the performance of the working-capital funds and
industrial, commercial, and support type activities described in
subsection (b) through the use of a single Defense Business Operations
Fund. Except for the funds and activities specified in subsection (b),
no other functions, activities, funds, or accounts of the Department of
Defense may be managed through the Defense Business Operations Fund.
(b) FUNDS AND ACTIVITIES INCLUDED. -- The funds and activities
referred to in subsection (a) are --
(1) working-capital funds established under section 2208 of
title 10, United States Code, and in existence on the date of the
enactment of this Act;
(2) those activities that, on the date of the enactment of this
Act, are funded through the use of a working-capital fund
established under that section; and
(3) the Defense Finance and Accounting Service, the Defense
Industrial Plant Equipment Center, the Defense Commissary Agency,
the Defense Technical Information Service, and the Defense
Reutilization and Marketing Service.
SEC. 317. ACQUISITION OF INVENTORY.
(a) LIMITATION. -- Chapter 131 of title 10, United States Code, is
amended by inserting after section 2212 the following new section:
"Section 2213. Limitation on acquisition of excess supplies
"(a) TWO-YEAR SUPPLY. -- The Secretary of Defense may not incur any
obligation against a stock fund of the Department of Defense for the
acquisition of any item of supply if that acquisition is likely to
result in an on-hand inventory (excluding war reserves) of that item of
supply in excess of two years of operating stocks.
"(b) EXCEPTIONS. -- The head of a procuring activity may authorize
the acquisition of an item of supply in excess of the limitation
contained in subsection (a) if that activity head determines in writing
--
"(1) that the acquisition is necessary to achieve an economical
order quantity and will not result in an on-hand inventory
(excluding war reserves) in excess of three years of operating
stocks and that the need for the item is unlikely to decline
during the period for which the acquisition is made; or
"(2) that the acquisition is necessary for purposes of
maintaining the industrial base or for other reasons of national
security.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2212 the following new item:
"2213. Limitation on acquisition of excess supplies.".
SEC. 331. REIMBURSEMENT REQUIREMENT FOR CONTRACTORS HANDLING
HAZARDOUS WASTES FROM DEFENSE FACILITIES.
(a) REQUIREMENT. -- (1) Chapter 160 of title 10, United States Code,
is amended by adding at the end the following new section:
"Section 2708. Contracts for handling hazardous waste from defense
facilities
"(a) REIMBURSEMENT REQUIREMENT. -- (1) Each contract or subcontract
to which this section applies shall provide that, upon receipt of
hazardous wastes properly characterized pursuant to applicable laws and
regulations, the contractor or subcontractor will reimburse the Federal
Government for all liabilities incurred by, penalties assessed against,
costs incurred by, and damages suffered by, the Government that are
caused by --
"(A) the contractor's or subcontractor's breach of any term or
provision of the contract or subcontract; and
"(B) any negligent or willful act or omission of the contractor
or subcontractor, or the employees of the contractor or
subcontractor, in the performance of the contract or subcontract.
"(2) Not later than 30 days after such a contract or subcontract is
awarded, the contractor or subcontractor shall demonstrate that the
contractor or subcontractor will reimburse the Federal Government as
provided in paragraph (1).
"(b) APPLICABILITY. -- (1) Except as provided in paragraph (2), this
section applies to all contracts entered into by the Secretary of
Defense or the Secretary of a military department, and all subcontracts
under such contracts, with an owner or operator of a hazardous waste
treatment or disposal facility during fiscal year 1992 for the offsite
treatment or disposal of hazardous wastes from a facility under the
jurisdiction of the Secretary of Defense.
"(2) This section does not apply to --
"(A) any contract or subcontract to perform remedial action or
corrective action under the Defense Environmental Restoration
Program, other programs or activities of the Department of
Defense, or authorized State hazardous waste programs;
"(B) any contract or subcontract under which the generation of
the hazardous waste to be disposed of is incidental to the
performance of the contract; or
"(C) any contract or subcontract to dispose of ammunition or
solid rocket motors.
"(c) EXCEPTION TO REIMBURSEMENT REQUIREMENT. -- Notwithstanding
subsection (a), in the case of any contract to which this section
applies, if the Secretary of Defense or the Secretary of the military
department concerned determines that --
"(1) there is only one responsible offeror or there is no
responsible offeror willing to provide the reimbursement required
by subsection (a) for such contract; or
"(2) failure to award the contract would place the facility
concerned in violation of any requirement of the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.),
then the contract may be awarded without including the reimbursement
provision required by subsection (a).
"(d) DEFINITIONS. -- For purposes of this section:
"(1) The term 'hazardous waste' has the meaning given that term
by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C.
6903(5)), except that such term also includes polychlorinated
biphenyls.
"(2) The term 'remedial action' has the meaning given that term
by section 101(24) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)).
"(3) The term 'corrective action' has the meaning given that
term under section 3004(u) of the Solid Waste Disposal Act (42
U.S.C. 6924(u)).
"(4) The term 'polychlorinated biphenyls' has the meaning given
that term under section 6(e) of the Toxic Substances Control Act
(15 U.S.C. 2605(e)).
"(e) EFFECT ON LIABILITY. -- Nothing in this section shall affect
the liability of the Federal Government under any Federal or State law
or under common law.".
(2) The table of sections relating to chapter 160 of such title is
amended by adding at the end the following new item:
"2708. Contracts for handling hazardous waste from defense
facilities.".
(b) EFFECTIVE DATE. -- Section 2708 of title 10, "10 USC 2708 note"
United States Code, shall apply with respect to contracts entered into
after the expiration of the 60-day period beginning on the date of the
enactment of this Act.
SEC. 332. EXTENSION OF WASTE MINIMIZATION PROGRAM.
Section 354 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 "10 USC 2701 note" (Public Law 101-189) is amended
as follows:
(1) Subsection (a) is amended by striking out "fiscal year
1992" and inserting in lieu thereof "fiscal years 1992, 1993, and
1994".
(2) Subsection (b) is amended in the second sentence by
striking out "fiscal year 1992" and inserting in lieu thereof
"each of fiscal years 1992, 1993, and 1994".
SEC. 333. PROHIBITION ON USE OF ENVIRONMENTAL RESTORATION FUNDS FOR
PAYMENT OF FINES AND PENALTIES.
None of the funds appropriated for fiscal year 1992 pursuant to the
authorization for the Environmental Restoration, Defense account
provided in section 301 may be used for the payment of fines or
penalties unless the act or omission for which a fine or penalty is
imposed arises out of activities funded by the account.
SEC. 334. "10 USC 2687 note" ENVIRONMENTAL RESTORATION REQUIREMENTS
AT MILITARY INSTALLATIONS TO BE CLOSED.
(a) REQUIREMENTS FOR INSTALLATIONS TO BE CLOSED UNDER 1989 BASE
CLOSURE LIST. -- (1) All draft final remedial investigations and
feasibility studies related to environmental restoration activities at
each military installation described in paragraph (2) shall be submitted
to the Environmental Protection Agency not later than 24 months after
the date of the enactment of this Act.
(2) Paragraph (1) applies to each military installation --
(A) which is to be closed pursuant to title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note); and
(B) which is on the National Priorities List under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(b) REQUIREMENTS FOR INSTALLATIONS TO BE CLOSED UNDER 1991 BASE
CLOSURE LIST. -- (1) All draft final remedial investigations and
feasibility studies related to environmental restoration activities at
each military installation described in paragraph (2) shall be submitted
to the Environmental Protection Agency not later than 36 months after
the date of the enactment of this Act.
(2) Paragraph (1) applies to each military installation --
(A) which is to be closed pursuant to the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510) as a result of being recommended for closure in the
report transmitted to Congress by the President pursuant to
section 2903(e) of such Act on or before September 1, 1991, and
(B) which is on the National Priorities List under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(c) DEADLINE EXTENSION. -- (1) Subject to paragraph (2), the
Secretary of Defense, after consultation with the Administrator of the
Environmental Protection Agency, may extend for a 6-month period the
period of time in which the requirements of subsection (a) or (b) must
be met with respect to a military installation covered by subsection (a)
or (b) if, within the scope of the Federal Facility Agreement governing
cleanup at the installation, any of the following conditions exists at
the installation:
(A) There are newly discovered sites or areas on the
installation where a hazardous substance has been released,
stored, or disposed of. For purposes of this subparagraph, the
term "newly discovered" means discovered after the expiration of
the 6-month period beginning on the date of enactment of this Act.
(B) There are technical engineering difficulties in carrying
out the investigations and studies.
(C) Expediting the investigations and studies would constitute
a substantial endangerment to the public health and the
environment.
(D) Adequate funds have not been appropriated to the Department
of Defense, or adequate resources are not available to any party
to the Federal Facility Agreement, to carry out or oversee the
investigations and studies by the applicable deadline.
(2)(A) An extension under paragraph (1) shall take effect if --
(i) the Secretary of Defense submits to Congress a notification
containing a certification that, to the best of the Secretary's
knowledge and belief, the requirements of subsection (a) or (b)
cannot be met with respect to the military installation by the
applicable deadline because one of the conditions set forth in
paragraph (1) exists; and
(ii) a period of 30 calendar days after receipt by Congress of
such notice has elapsed.
(B) In the computation of the 30-day period under subparagraph
(A)(ii), there shall be excluded each day on which either House of
Congress is not in session because of an adjournment of more than 3
calendar days to a day certain.
(3) The Secretary may grant more than one 6-month extension for a
military installation under paragraph (1), but each such extension is
subject to paragraphs (1) and (2).
(d) BUDGET ESTIMATE. -- Each year the President shall include, in
the budget submitted to Congress for a fiscal year (pursuant to section
1105 of title 31, United States Code), an estimate of the funding levels
required for the Department of Defense to comply with this section
during the fiscal year for which the budget is submitted.
SEC. 335. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND OTHER
GUARANTIES FOR THE DEPARTMENT OF DEFENSE.
No funds appropriated or otherwise made available to the Department
of Defense for fiscal year 1992 or fiscal year 1993 may be obligated or
expended for the purchase of surety bonds or other guaranties of
financial responsibility in order to guarantee the performance of any
direct function of the Department of Defense.
SEC. 336. SURETY BONDS FOR DEFENSE ENVIRONMENTAL RESTORATION PROGRAM
CONTRACTS.
(a) IN GENERAL. -- Section 2701 of title 10, United States Code, is
amended by adding at the end the following:
"(h) SURETY-CONTRACTOR RELATIONSHIP. -- Any surety which provides a
bid, performance, or payment bond in connection with any direct Federal
procurement for a response action contract under the Defense
Environmental Restoration Program and begins activities to meet its
obligations under such bond, shall, in connection with such activities
or obligations, be entitled to any indemnification and the same standard
of liability to which its principal was entitled under the contract or
under any applicable law or regulation.
"(i) SURETY BONDS. --
"(1) APPLICABILITY OF MILLER ACT. -- If under the Act of
August 24, 1935 (40 U.S.C. 270a-270d), commonly referred to as the
'Miller Act', surety bonds are required for any direct Federal
procurement of any response action contract under the Defense
Environmental Restoration Program and are not waived pursuant to
the Act of April 29, 1941 (40 U.S.C. 270e-270f), the surety bonds
shall be issued in accordance with such Act of August 24, 1935.
"(2) LIMITATION OF ACCRUAL OF RIGHTS OF ACTION UNDER BONDS. --
If, under applicable Federal law, surety bonds are required for
any direct Federal procurement of any response action contract
under the Defense Environmental Restoration Program, no right of
action shall accrue on the performance bond issued on such
contract to or for the use of any person other than an obligee
named in the bond.
"(3) LIABILITY OF SURETIES UNDER BONDS. -- If, under
applicable Federal law, surety bonds are required for any direct
Federal procurement of any response action contract under the
Defense Environmental Restoration Program, unless otherwise
provided for by the Secretary in the bond, in the event of a
default, the surety's liability on a performance bond shall be
only for the cost of completion of the contract work in accordance
with the plans and specifications of the contract less the balance
of funds remaining to be paid under the contract, up to the penal
sum of the bond. The surety shall in no event be liable on bonds
to indemnify or compensate the obligee for loss or liability
arising from personal injury or property damage whether or not
caused by a breach of the bonded contract.
"(4) NONPREEMPTION. -- Nothing in this section shall be
construed as preempting, limiting, superseding, affecting,
applying to, or modifying any State laws, regulations,
requirements, rules, practices, or procedures. Nothing in this
section shall be construed as affecting, applying to, modifying,
limiting, superseding, or preempting any rights, authorities,
liabilities, demands, actions, causes of action, losses, judgment,
claims, statutes of limitation, or obligations under Federal or
State law, which do not arise on or under the bond.
"(j) APPLICABILITY. -- Subsections (h) and (i) shall not apply to
bonds executed before the date of the enactment of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 or after December 31,
1992.".
SEC. 341. ANNUAL REPORT ON DEFENSE CAPABILITIES AND PROGRAMS OF THE
ARMED FORCES.
Section 113(i)(2) of title 10, United States Code, is amended --
(1) by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
"(C) include a description of the means by which the Department
of Defense will maintain the capability to reconstitute or expand
the defense capabilities and programs of the armed forces of the
United States on short notice to meet a resurgent or increased
threat to the national security of the United States;".
SEC. 342. COVERAGE OF CONTRACTS FOR EQUIPMENT MAINTENANCE AND
OPERATION UNDER PROVISION ALLOWING APPROPRIATED FUNDS TO BE AVAILABLE
FOR CERTAIN CONTRACTS FOR 12 MONTHS.
Section 2410a of title 10, United States Code, is amended --
(1) in paragraph (1), by inserting ", equipment," after
"tools"; and
(2) by adding at the end the following new paragraph:
"(4) The operation of equipment.".
SEC. 343. USE OF PROCEEDS FROM THE SALE OF CERTAIN LOST, ABANDONED,
OR UNCLAIMED PERSONAL PROPERTY.
(a) DEMONSTRATION PROJECT. -- Notwithstanding section 2575(b) of
title 10, United States Code, the Secretary of Defense shall conduct a
demonstration project under which the proceeds from the sale under that
section of lost, abandoned, or unclaimed property found on a military
installation referred to in subsection (b) shall be credited to the
operation and maintenance account of that installation and used --
(1) to reimburse the installation for any costs incurred by the
installation to collect, transport, store, protect, or sell the
property; and
(2) if all such costs are reimbursed, to support morale,
welfare, and recreation activities under the jurisdiction of the
Armed Forces conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed Forces at
that installation.
(b) COVERED MILITARY INSTALLATIONS. -- Subsection (a) shall apply to
Naval Base, Norfolk, Virginia, and Naval Air Station, Norfolk, Virginia.
(c) RECOVERY OF PROCEEDS. -- The owner (or the heirs, next of kin,
or legal representative of the owner) of personal property the proceeds
of which are credited to a military installation under subsection (a)
may file a claim with the Secretary of Defense for the amount equal to
the proceeds (less costs referred to in subsection (a)(1)). Amounts to
pay the claim shall be drawn from the morale, welfare, and recreation
account for the installation that received the proceeds. Unless the
claim is filed with the Secretary of Defense within five years after the
date of the disposal of the property, the claim may not be considered by
a court or the Secretary of Defense. A claim may not be filed under
section 2575(b) of title 10, United States Code, in the case of property
covered by this section.
(d) PERIOD OF DEMONSTRATION PROJECT. -- The demonstration project
required by subsection (a) shall --
(1) terminate at the end of the one-year period beginning on
the date of the enactment of this Act; and
(2) apply with respect to the disposal during that period under
section 2575 of title 10, United States Code, of property found on
the military installations referred to in subsection (b).
(e) REPORT. -- Not later than 60 days after the end of the one-year
period described in subsection (d), the Secretary of Defense shall
submit a report to Congress describing the results of the demonstration
project required by subsection (a).
SEC. 344. USE OF PROCEEDS FROM THE TRANSFER OR DISPOSAL OF
COMMISSARY STORE FACILITIES AND PROPERTY PURCHASED WITH NONAPPROPRIATED
FUNDS.
(a) BASE CLOSURES UNDER 1988 ACT. -- (1) Section 204(b)(4) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 102 Stat. 2629; 10 U.S.C. 2687 note)
is amended --
(A) by inserting "or (C)" after "subparagraph (B)" in
subparagraph (A); and
(B) by adding at the end the following new subparagraphs:
"(C) In the case of the transfer or disposal under this subsection of
any real property or facility that was acquired, constructed, or
improved (in whole or in part) with funds described in subparagraph (D),
a portion of the proceeds equal to the total amount of the funds so used
shall be deposited in a reserve account established in the Treasury to
be administered and used by the Secretary (in such an aggregate amount
as is provided in advance in appropriation Acts) for the purpose of
acquiring, constructing, or improving commissary stores and
nonappropriated fund instrumentalities.
"(D) The funds referred to in subparagraph (C) are funds received
from --
"(i) the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code (or a prior law to that effect); or
"(ii) a nonappropriated fund instrumentality.".
(2) Section 209 of that Act (102 Stat. 2634) "10 USC 2687 note" is
amended by adding at the end the following new paragraph:
"(10) The term 'nonappropriated fund instrumentality' means an
instrumentality of the United States under the jurisdiction of the
Armed Forces (including the Army and Air Force Exchange Service,
the Navy Resale and Services Support Office, and the Marine Corps
exchanges) which is conducted for the comfort, pleasure,
contentment, or physical or mental improvement of members of the
Armed Forces.".
(b) BASE CLOSURES UNDER 1990 ACT. -- (1) Section 2906 of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 104 Stat. 1815; 10 U.S.C. 2687 note) is amended --
(A) in subsection (a)(2)(C), by inserting "except as provided
in subsection (d)," after "(C)"; and
(B) by adding at the end the following new subsection:
"(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED
WITH NONAPPROPRIATED FUNDS. -- (1) In the case of the transfer or
disposal under this part of any real property or facility that was
acquired, constructed, or improved (in whole or in part) with funds
described in paragraph (2), a portion of the proceeds equal to the total
amount of the funds so used shall be deposited in the reserve account
established under section 204(b)(4)(C) of the Defense Authorization
Amendments and Base Closure and Realignment Act. The Secretary may use
amounts in the account (in such an aggregate amount as is provided in
advance in appropriation Acts) for the purpose of acquiring,
constructing, or improving commissary stores and nonappropriated fund
instrumentalities.
"(2) The funds referred to in paragraph (1) are funds received from
--
"(A) the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code; or
"(B) a nonappropriated fund instrumentality.
"(3) As used in this subsection, the term 'nonappropriated fund
instrumentality' means an instrumentality of the United States under the
jurisdiction of the Armed Forces (including the Army and Air Force
Exchange Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort, pleasure,
contentment, or physical or mental improvement of members of the Armed
Forces.".
(2) Section 2921 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1819; 10 U.S.C. 2687 note) is
amended --
(A) in subsection (c)(1), by striking out "Any" in the second
sentence and inserting in lieu thereof "Except as provided in
subsection (d),"; and
(B) by adding at the end the following new subsection:
"(d) AMOUNTS CORRESPONDING TO THE VALUE OF PROPERTY PURCHASED WITH
NONAPPROPRIATED FUNDS. -- (1) In the case of a payment referred to in
subsection (c)(1) for the residual value of real property or
improvements at an overseas military facility, the portion of the
payment that is equal to the value of the improvements carried out with
nonappropriated funds shall be deposited in the reserve account
established under section 204(b)(4)(C) of the Defense Authorization
Amendments and Base Closure and Realignment Act. The Secretary may use
amounts in the account (in such an aggregate amount as is provided in
advance by appropriation Acts) for the purpose of acquiring,
constructing, or improving commissary stores and nonappropriated fund
instrumentalities.
"(2) As used in this subsection:
"(A) The term 'nonappropriated funds' means funds received from
--
"(i) the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code; or
"(ii) a nonappropriated fund instrumentality.
"(B) The term 'nonappropriated fund instrumentality' means an
instrumentality of the United States under the jurisdiction of the
Armed Forces (including the Army and Air Force Exchange Service,
the Navy Resale and Services Support Office, and the Marine Corps
exchanges) which is conducted for the comfort, pleasure,
contentment, or physical or mental improvement of members of the
Armed Forces.".
(c) EFFECTIVE DATE. -- The amendments made by this section shall
apply with regard to the transfer or disposal of any real property or
facility pursuant to title II of the Defense Authorization Amendments
and Base Closure and Realignment Act "10 USC 2687 note" or the Defense
Base Closure and Realignment Act of 1990 occurring on or after the date
of the enactment of this Act.
SEC. 345. USE OF APPROPRIATED FUNDS FOR EXPENSES RELATING TO CERTAIN
VOLUNTARY SERVICES.
Section 1588(c) of title 10, United States Code, is amended by
striking out "may only be made from nonappropriated funds" in the third
sentence and inserting in lieu thereof "may be made from appropriated or
nonappropriated funds".
SEC. 346. TREATMENT OF SEVERANCE PAY FOR FOREIGN NATIONALS UNDER
OVERSEAS MILITARY BANKING CONTRACTS.
(a) WAIVER AUTHORITY. -- Section 2324(e) of title 10, United States
Code, is amended --
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
"(2)(A) The Secretary may provide in a military banking contract that
the provisions of paragraphs (1)(M) and (1)(N) shall not apply to costs
incurred under the contract by the contractor for payment of mandated
foreign national severance pay. The Secretary may include such a
provision in a military banking contract only if the Secretary
determines, with respect to that contract, that the contractor has taken
(or has established plans to take) appropriate actions within the
contractor's control to minimize the amount and number of incidents of
the payment of severance pay by the contractor to employees under the
contract who are foreign nationals.
"(B) In subparagraph (A):
"(i) The term 'military banking contract' means a contract
between the Secretary and a financial institution under which the
financial institution operates a military banking facility outside
the United States for use by members of the armed forces stationed
or deployed outside the United States and other authorized
personnel.
"(ii) The term 'mandated foreign national severance pay' means
severance pay paid by a contractor to a foreign national employee
the payment of which by the contractor is required in order to
comply with a law that is generally applicable to a significant
number of businesses in the country in which the foreign national
receiving the payment performed services under the contract.
"(C) Subparagraph (A) does not apply to a contract with a financial
institution that is owned or controlled by citizens or nationals of a
foreign country, as determined by the head of the agency awarding the
contract. Such a determination shall be made in accordance with the
criteria set out in paragraph (1) of section 4(g) of title III of the
Act of March 3, 1933 (41 U.S.C. 10b-1) (commonly referred to as the Buy
American Act) and the policy guidance referred to in paragraph (2)(A) of
that section.".
(b) APPLICATION OF SECTION. -- The amendments made by subsection (a)
shall not apply with respect to a foreign national whose employment
under a military banking contract (defined in section) 2324(e)(2)(B) "10
USC 2324 note" of title 10, United States Code, as added by subsection
(a)) was terminated before the date of the enactment of this Act.
SEC. 347. IMPROVEMENT OF INVENTORY MANAGEMENT POLICY AND PROCEDURE.
(a) IMPROVEMENT IN INVENTORY MANAGEMENT POLICY. -- Section 2458(a)
of title 10, United States Code, is amended --
(1) by striking out "and" at the end of paragraph (1);
(2) by striking out 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) set forth a uniform system for the valuation of inventory
items by the military departments and Defense Agencies.".
(b) ANNUAL REPORT ON INVENTORY. -- Section 2721 of such title is
amended --
(1) by inserting "(a)" before "Under"; and
(2) by adding at the end the following new subsection:
"(b) The regulations prescribed pursuant to subsection (a) shall
include a requirement that the records maintained under such subsection
--
"(1) to the extent practicable, provide up-to-date information
on all items in the inventory of the Department of Defense;
"(2) indicate whether the inventory of each item is sufficient
or excessive in relation to the needs of the Department for that
item; and
"(3) permit the Secretary of Defense to include in the budget
submitted to Congress under section 1105 of title 31 for each
fiscal year, information relating to --
"(A) the amounts proposed for each appropriation account in
such budget for inventory purchases of the Department of Defense;
and
"(B) the amounts obligated for such inventory purchases out of
the corresponding appropriations account for the preceding fiscal
year.".
(c) IMPLEMENTATION. -- The Secretary of Defense shall establish the
uniform system of valuation described in section 2458(a)(3) of title 10,
United States Code (as added by subsection (a)), and prescribe the
regulations required by section 2721(b) of such title "10 USC 2721 note"
(as added by subsection (b)), not later than 180 days after the date of
the enactment of this Act.
SEC. 348. "7 USC 426 note" PREVENTION OF THE TRANSPORTATION OF BROWN
TREE SNAKES ON AIRCRAFT AND VESSELS OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall take such action as may be necessary
to prevent the inadvertent introduction of brown tree snakes from Guam
to Hawaii in aircraft and vessels transporting personnel or cargo for
the Department of Defense. In carrying out this section, the Secretary
shall consider the use of sniffer or tracking dogs, snake traps, and
other preventive processes or devices at aircraft and vessel loading
facilities in Guam or Hawaii or at intermediate transit points for
personnel or cargo transported between Guam and Hawaii.
SEC. 349. DONATION OF CERTAIN SCRAP METAL TO THE MEMORIAL FUND FOR
DISASTER RELIEF.
(a) DONATION AUTHORIZED. -- Notwithstanding any provision of the
Federal Property and Administrative Services Act of 1941 (40 U.S.C. 471
et seq.) or any other provision of law, the Secretary of Defense may
donate not more than 15 tons of cruise missile scrap generated by the
INF Treaty destruction requirements and managed by the Defense Logistics
Agency at the Davis-Monthan Air Force Base, Tucson, Arizona, to the
Memorial Fund for Disaster Relief, a corporation incorporated under the
laws of the State of Delaware.
(b) 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,
D.C., on December 8, 1987.
SEC. 350. MANAGEMENT OF MARITIME PREPOSITIONING SHIP PROGRAMS.
(a) PRIMARY RESPONSIBILITY. -- Subject to the authority, direction,
and control of the Secretary of Defense, the Commandant of the Marine
Corps shall have the primary responsibility within the Department of
Defense for managing the maritime prepositioning ship programs of the
Department of Defense during fiscal years 1993 and 1994.
(b) CHANGE IN PERSON RESPONSIBLE. -- The Secretary of Defense may
give the primary responsibility referred to in subsection (a) to a
person other than the Commandant of the Marine Corps with respect to a
fiscal year if, not later than May 1 of the year in which that fiscal
year begins, the Secretary certifies to the congressional defense
committees that --
(1) the Navy's funding of maritime prepositioning ship programs
is adequate to meet Marine Corps requirements for that fiscal
year; and
(2) the Navy's maritime prepositioning ship program meets the
requirements of the combatant commands for that fiscal year.
(c) CONSULTATION. -- Before making a certification under subsection
(b), the Secretary of Defense shall consult with the Commandant of the
Marine Corps and the commanders of the combatant commands having
responsibility for conducting or relying on mobility force operations.
SEC. 401. "10 USC 115 note" END STRENGTHS FOR ACTIVE FORCES.
(a) FISCAL YEAR 1992. -- The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1992, as follows:
(1) The Army, 660,200, of whom not more than 96,781 shall be
commissioned officers.
(2) The Navy, 551,400, of whom not more than 69,768 shall be
commissioned officers.
(3) The Marine Corps, 188,000 of whom not more than 19,180
shall be commissioned officers.
(4) The Air Force, 486,800 of whom not more than 92,020 shall
be commissioned officers.
(b) FISCAL YEAR 1993. -- The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1993, as follows:
(1) The Army, 618,200 of whom not more than 90,768 shall be
commissioned officers.
(2) The Navy, 536,000, of whom not more than 67,607 shall be
commissioned officers.
(3) The Marine Corps, 182,200 of whom not more than 18,591
shall be commissioned officers.
(4) The Air Force, 458,100 of whom not more than 86,594 shall
be commissioned officers.
SEC. 402. "10 USC 115a note" ASSESSMENT OF THE STRUCTURE AND MIX OF
ACTIVE AND RESERVE FORCES.
(a) REQUIREMENT FOR ASSESSMENT. -- The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report containing an assessment of a wide range of
alternatives relating to the structure and mix of active and reserve
forces appropriate for carrying out assigned missions in the mid- to
late-1990s.
(b) CONCEPT FOR ASSESSMENT. -- (1) The assessment shall consist of
two parts.
(2)(A) The first part shall consist of a study conducted by a
federally funded research and development center that is independent of
the military departments. The study shall provide comprehensive
analytical information about the matters set out in subsection (c).
(B) The Secretary shall ensure that the study group established by
the federally funded research and development center to conduct the
study has full access to the Department of Defense information necessary
for the conduct of the study, including information on the performance
of active and reserve forces during Operations Desert Shield and Desert
Storm. The study group shall examine all active and reserve component
missions, with particular emphasis on missions carried out by land
forces.
(C) The study group shall be assisted by a panel of experts who, by
reason of their background, experience, and knowledge, are particularly
qualified in the areas covered by the study.
(3) The second part of the assessment shall consist of an evaluation
by the Secretary of Defense and the Chairman of the Joint Chiefs of
Staff of the independent analysis, assumptions, findings, and
recommendations of the study group under paragraph (1). The Secretary
and the Chairman shall determine, on the basis of the evaluation, the
mix or mixes of reserve and active forces included in the independent
study that are considered acceptable to carry out expected future
military missions.
(c) MATTERS TO BE INCLUDED. -- (1) The study conducted pursuant to
subsection (b)(2) shall include the following:
(A) An assessment of the existing policies and practices for
implementing the Total Force Policy of the Department of Defense,
including --
(i) the methodology used by the Department of Defense in
assigning missions between the active and reserve components; and
(ii) the methodology used by the Department of Defense to
determine how force reductions are distributed within and between
active and reserve components.
(B) An assessment of the effectiveness of the Total Force
Policy during the Persian Gulf conflict.
(C) An assessment of a range of possible mixes of active and
reserve forces, assuming a range of manning levels and declining
funding levels.
(D) An assessment of the costs associated with alternative
active and reserve force mixes and structures.
(2) In making the assessment referred to in paragraph (1)(C), the
study group referred to in subsection (b)(2) shall --
(A) for each active forces manning level considered in the
range of possible mixes of active and reserve forces, consider the
levels provided for the Selected Reserve in this Act for fiscal
year 1993, levels significantly higher than those levels, and
levels significantly lower than those levels;
(B) for each mix of active and reserve forces, conduct an
analysis of the ability of the resulting alternative base-forces
to successfully prosecute a range of military operations and focus
on the time that would be required to prepare such forces for
combat, the cost of training and maintaining such forces in
peacetime, and the sustainability of reserve recruiting and
retention; and
(C) in analyzing various active and reserve mix options,
consider possible revisions in the missions assigned to some
active and reserve units, possible changes in training practices,
and possible changes in the organizational structure of active and
reserve components.
(d) COMMENCEMENT OF ASSESSMENT. -- The assessment shall be initiated
not later than 30 days after the date of the enactment of this Act.
(e) REPORTS. -- The study group referred to in subsection (b)(2)
shall submit to the Secretary of Defense an interim report on the
matters set out in subsection (c) not later than May 1, 1992, and a
final report on such matters not later than December 1, 1992. The
Secretary shall submit each such report to the committees within 15 days
after receiving the report. The Secretary shall submit the evaluation
required in subsection (b)(3) to such committees not later than February
15, 1993.
(f) FUNDING. -- Of the amount appropriated for fiscal year 1992
pursuant to title II and made available for federally funded research
and development centers, not more than $2,000,000 shall be available for
the conduct of the study under this section.
SEC. 411. "10 USC 261 note" END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 1992. -- The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of September
30, 1992, as follows:
(1) The Army National Guard of the United States, 440,000.
(2) The Army Reserve, 308,000.
(3) The Naval Reserve, 144,000.
(4) The Marine Corps Reserve, 42,400.
(5) The Air National Guard of the United States, 118,100.
(6) The Air Force Reserve, 83,396.
(7) The Coast Guard Reserve, 15,150.
(b) FISCAL YEAR 1993. -- The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of September
30, 1993, as follows:
(1) The Army National Guard of the United States, 425,450.
(2) The Army Reserve, 296,230.
(3) The Naval Reserve, 141,545.
(4) The Marine Corps Reserve, 42,230.
(5) The Air National Guard of the United States, 119,400.
(6) The Air Force Reserve, 82,400.
(7) The Coast Guard Reserve, 15,150.
(c) WAIVER AUTHORITY. -- The Secretary of Defense may increase the
end strength authorized by subsection (a) by not more than 2 percent.
(d) ADJUSTMENTS. -- The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component for any fiscal year
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 strengths of such
units and by the total number of such individual members.
SEC. 412. "10 USC 261 note" END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) FISCAL YEAR 1992. -- Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1992, 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, 25,142.
(2) The Army Reserve, 13,146.
(3) The Naval Reserve, 22,521.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,081.
(6) The Air Force Reserve, 649.
(b) FISCAL YEAR 1993. -- Within the end strengths prescribed in
section 411(b), the reserve components of the Armed Forces are
authorized, as of September 30, 1993, 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, 24,860.
(2) The Army Reserve, 12,862.
(3) The Naval Reserve, 22,055.
(4) The Marine Corps Reserve, 2,282.
(5) The Air National Guard of the United States, 9,081.
(6) The Air Force Reserve, 636.
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. -- The table in section 517(b) of title
10, United States Code, is amended to read as follows:
(b) OFFICERS. -- The table in section 524(a) of such title is
amended to read as follows:
SEC. 414. "10 USC 261 note" PILOT PROGRAM FOR ACTIVE COMPONENT
SUPPORT OF THE RESERVES.
(a) PILOT PROGRAM REQUIRED. -- During fiscal year 1993, the
Secretary of the Army shall institute a pilot program to provide active
component advisers to combat units, combat support units, and combat
service support units in the Selected Reserve of the Ready Reserve that
have a high priority for deployment on a timely-phased troop deployment
list or have another contingent high priority for deployment. The
advisers shall be assigned to full-time duty in connection with
organizing, administering, recruiting, instructing, or training such
units.
(b) OBJECTIVES OF PROGRAM. -- The objectives of the program are as
follows:
(1) To improve the readiness of units in the reserve components
of the Army.
(2) To increase substantially the number of active component
personnel directly advising reserve component unit personnel.
(3) To provide a basis for determining the most effective mix
of reserve component personnel and active component personnel in
organizing, administering, recruiting, instructing, or training
reserve component units.
(4) To provide a basis for determining the most effective mix
of active component officer and enlisted personnel in advising
reserve component units regarding organizing, administering,
recruiting, instructing, or training reserve component units.
(c) PERSONNEL TO BE ASSIGNED. -- (1) The Secretary shall assign
officers, warrant officers, and enlisted members to serve as advisers
under the program. Subject to paragraph (2), the Secretary shall
determine the appropriate mix and numbers of such personnel to be
assigned under the program.
(2) The Secretary shall assign at least 1,300 officers as advisers to
combat units and 700 officers as advisers to combat support units and
combat service support units.
(3) The number of officers performing duties under the program in
fiscal year 1993 shall be counted for purposes of section 401(b)(1).
(d) ACTION ON THE BASIS OF PROGRAM RESULTS. -- Based on the
experience under the pilot program, the Secretary of the Army may expand
or modify the program as he considers appropriate in order to increase
the readiness and training of reserve component units for any period
after September 30, 1993. Modifications in the program may not reduce
the minimum number of officer advisers assigned below 2,000.
(e) ARMY RESERVE COMPONENT END STRENGTHS FOR FISCAL YEARS 1994-1998.
-- (1) Subsection (b) of section 412 of the National Defense
Authorization Act for Fiscal Year 1991 (104 Stat. 1547; 10 U.S.C. 261
note) is amended --
(A) by striking out "FISCAL YEARS 1992-1997. -- " and
inserting in lieu thereof "FISCAL YEARS 1994-1998. -- "; and
(B) by striking out the table in paragraph (2) and inserting in
lieu thereof the following:
(2) Subsection (d) of such section is amended --
(A) in paragraph (1), by striking out "fiscal year 1992" and
inserting in lieu thereof "fiscal year 1994"; and
(B) in paragraph (2), by striking out "fiscal years 1992 and
1993" and inserting in lieu thereof "fiscal year 1994".
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) FISCAL YEAR 1992. -- For fiscal year 1992, the Armed Forces are
authorized average military training loads as follows:
(1) The Army, 80,724.
(2) The Navy, 61,619.
(3) The Marine Corps, 24,533.
(4) The Air Force, 36,361.
(5) The Uniformed Services University of the Health Sciences,
619.
(b) FISCAL YEAR 1993. -- For fiscal year 1993, the Armed Forces are
authorized average military training loads as follows:
(1) The Army, 76,534.
(2) The Navy, 61,567.
(3) The Marine Corps, 24,992.
(4) The Air Force, 35,994.
(5) The Uniformed Services University of the Health Sciences,
602.
(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 adjustments shall be apportioned.
SEC. 431. REDUCTION IN NUMBER OF ACTIVE DUTY AIR FORCE COLONELS.
The table in section 523(a)(1) of title 10, United States Code, is
amended by striking out the figures under the heading "Colonel" relating
to the Air Force and inserting in lieu thereof the following:
"3,392
"3,573
"3,754
"3,935
"4,115
"4,296
"4,477
"4,658
"4,838
"5,019
"5,200
"5,381".
SEC. 501. INITIAL APPOINTMENT OF COMMISSIONED OFFICERS TO BE IN A
RESERVE GRADE.
Section 532 of title 10, United States Code, is amended by adding at
the end the following new subsection:
"(e) After September 30, 1996, no person may receive an original
appointment as a commissioned officer in the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps until that person has
completed one year of service on active duty as a commissioned officer
(other than a warrant officer) of a reserve component.".
SEC. 502. TRANSITION PERIOD FOR CERTAIN GENERAL AND FLAG OFFICERS
AWAITING RETIREMENT.
(a) REDUCTION IN PERIOD. -- Section 601(b)(4) of title 10, United
States Code, is amended by striking out "90 days" and inserting in lieu
thereof "60 days".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "10 USC
601 note" shall take effect on the first day of the first month that
begins more than 90 days after the date of the enactment of this Act.
SEC. 503. SELECTIVE EARLY RETIREMENT FLEXIBILITY AUTHORITY.
(a) EXCLUSION OF OFFICERS OTHERWISE APPROVED FOR RETIREMENT. --
Section 638(e) of title 10, United States Code, is amended --
(1) by inserting "(1)" after "(e)";
(2) by designating the second sentence as paragraph (2)(A);
(3) by inserting "(except as provided in subparagraph (B))"
after "under this section, such list"; and
(4) by adding at the end the following:
"(B) A list under subparagraph (A) may not include an officer in that
grade and competitive category who has been approved for voluntary
retirement under section 3911, 6323, or 8911 of this title, or who is to
be involuntarily retired under any provision of law, during the fiscal
year in which the selection board is convened or during the following
fiscal year.
"(C) An officer not considered by a selection board convened under
section 611(b) of this title by reason of subparagraph (B) shall be
retired on the date approved for the retirement of that officer as of
the convening date of such selection board unless the Secretary
concerned approves a modification of such date in order to prevent a
personal hardship for the officer or for other humanitarian reasons.".
(b) TEMPORARY EARLY RETIREMENT SELECTION AUTHORITY. -- (1)
Subparagraph (C) of section 638a(b)(2) of such title is amended to read
as follows:
"(C) Officers, other than those described in subparagraphs (A)
and (B), holding a regular grade below the grade of colonel, or in
the case of the Navy, captain, who are eligible for retirement
under section 3911, 6323, or 8911 of this title, or who after two
additional years or less of active service would be eligible for
retirement under one of those sections and whose names are not on
a list of officers recommended for promotion.".
(2) Subsection (c) of section 638a of such title is amended --
(A) by inserting "(1)" after "(c)"; and
(B) by adding at the end the following:
"(2) In the case of an action authorized under subsection (b)(2), the
Secretary of Defense may also authorize the Secretary of the military
department concerned when convening a selection board under section
611(b) of this title to consider regular officers on the active-duty
list for early retirement to include within the officers to be
considered by the board reserve officers on the active-duty list on the
same basis as regular officers.".
SEC. 504. INTEGRITY OF THE PROMOTION SELECTION BOARD PROCESS.
(a) COMMUNICATIONS WITH BOARDS. -- (1) Section 615 of title 10,
United States Code, is amended --
(A) by redesignating subsections (a) through (d) as subsections
(b) through (e); and
(B) by inserting after the section heading the following new
subsection (a):
"(a)(1) The Secretary of Defense shall prescribe regulations
governing information furnished to selection boards convened under
section 611(a) of this title. Those regulations shall apply uniformly
among the military departments. Any regulations prescribed by the
Secretary of a military department to supplement those regulations may
not take effect without the approval of the Secretary of Defense in
writing.
"(2) No information concerning a particular eligible officer may be
furnished to a selection board except for the following:
"(A) Information that is in the officer's official military
personnel file and that is provided to the selection board in
accordance with the regulations prescribed by the Secretary of
Defense pursuant to paragraph (1).
"(B) Other information that is determined by the Secretary of
the military department concerned, after review by that Secretary
in accordance with standards and procedures set out in the
regulations prescribed by the Secretary of Defense pursuant to
paragraph (1), to be substantiated, relevant information that
could reasonably and materially affect the deliberations of the
selection board.
"(C) Subject to such limitations as may be prescribed in those
regulations, information communicated to the board by the officer
in accordance with this section, section 614(b) of this title
(including any comment on information referred to in subparagraph
(A) regarding that officer), or other applicable law.
"(D) A factual summary of the information described in
subparagraphs (A), (B), and (C) that, in accordance with the
regulations prescribed pursuant to paragraph (1), is prepared by
administrative personnel for the purpose of facilitating the work
of the selection board.
"(3) Information provided to a selection board in accordance with
paragraph (2) shall be made available to all members of the board and
shall be made a part of the record of the board. Communication of such
information shall be in a written form or in the form of an audio or
video recording. If a communication is in the form of an audio or video
recording, a written transcription of the recording shall also be made a
part of the record of the selection board.
"(4) Paragraphs (2) and (3) do not apply to the furnishing of
appropriate administrative processing information to the selection board
by administrative staff designated to assist the board, but only to the
extent that oral communications are necessary to facilitate the work of
the board.
"(5) Information furnished to a selection board that is described in
subparagraph (B), (C), or (D) of paragraph (2) may not be furnished to a
later selection board unless --
"(A) the information has been properly placed in the official
military personnel file of the officer concerned; or
"(B) the information is provided to the later selection board
in accordance with paragraph (2).
"(6)(A) Before information described in paragraph (2)(B) regarding an
eligible officer is furnished to a selection board, the Secretary of the
military department concerned shall ensure --
"(i) that such information is made available to such officer;
and
"(ii) that the officer is afforded a reasonable opportunity to
submit comments on that information to the selection board.
"(B) If an officer cannot be given access to the information referred
to in subparagraph (A) because of its classification status, the officer
shall, to the maximum extent practicable, be furnished with an
appropriate summary of the information.".
(2)(A) The heading for section 614 of such title is amended by
striking out "; communications with boards".
(B) The item relating to such section in the table of sections at the
beginning of subchapter I of chapter 36 of such title is amended by
striking out "; communications with boards".
(b) DISCLOSURE OF BOARD RECOMMENDATIONS. -- Section 616 of such
title is amended by adding at the end the following new subsections:
"(e) The recommendations of a selection board may be disclosed only
in accordance with regulations prescribed by the Secretary of Defense.
Those recommendations may not be disclosed to a person not a member of
the board (or a member of the administrative staff designated by the
Secretary concerned to assist the board) until the written report of the
recommendations of the board, required by section 617 of this title, is
signed by each member of the board.
"(f) The Secretary convening a selection board under section 611(a)
of this title, and an officer or other official exercising authority
over any member of a selection board, may not --
"(1) censure, reprimand, or admonish the selection board or any
member of the board with respect to the recommendations of the
board or the exercise of any lawful function within the authorized
discretion of the board; or
"(2) attempt to coerce or, by any unauthorized means, influence
any action of a selection board or any member of a selection board
in the formulation of the board's recommendations.".
(c) RECOMMENDATIONS FOR REMOVAL OF SELECTED OFFICERS FROM REPORT. --
Section 618 of such title is amended by adding at the end the following
new subsection:
"(g) If the Secretary of a military department or the Secretary of
Defense makes a recommendation under this section that the name of an
officer be removed from a report of a selection board and the
recommendation is accompanied by information that was not presented to
that selection board, that information shall be made available to that
officer. The officer shall then be afforded a reasonable opportunity to
submit comments on that information to the officials making the
recommendation and the officials reviewing the recommendation. If an
eligible officer cannot be given access to such information because of
its classification status, the officer shall, to the maximum extent
practicable, be provided with an appropriate summary of the
information.".
(d) SCREENING OF OFFICERS FOR CONSIDERATION BY SELECTION BOARDS. --
Section 619(c) of such title is amended --
(1) in paragraph (2) --
(A) by striking out subparagraph (A) and inserting in lieu
thereof the following:
"(A) may, in accordance with standards and procedures
prescribed by the Secretary of Defense in regulations which shall
apply uniformly among the military departments, limit the officers
to be considered by a selection board from below the promotion
zone to those officers who are determined to be exceptionally well
qualified for promotion;";
(B) by striking out subparagraph (B); and
(C) by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively; and
(2) by adding at the end the following new paragraph:
"(3)(A) The Secretary of Defense may authorize the Secretaries of the
military departments to preclude from consideration by selection boards
for promotion to the grade of brigadier general or rear admiral (lower
half) officers in the grade of colonel or, in the case of the Navy,
captain who --
"(i) have been considered and not selected for promotion to the
grade of brigadier general or rear admiral (lower half) by at
least two selection boards; and
"(ii) are determined, in accordance with standards and
procedures prescribed pursuant to subparagraph (B), as not being
exceptionally well qualified for promotion.
"(B) If the Secretary of Defense authorizes the Secretaries of the
military departments to have the authority described in subparagraph
(A), the Secretary shall prescribe by regulation the standards and
procedures for the exercise of such authority. Those regulations shall
apply uniformly among the military departments and shall include the
following provisions:
"(i) A requirement that the Secretary of a military department
may exercise such authority in the case of a particular selection
board only if the Secretary of Defense approves the exercise of
that authority for that board.
"(ii) A requirement that an officer may be precluded from
consideration by a selection board under this paragraph only upon
the recommendation of a preselection board of officers convened by
the Secretary of the military department concerned and composed of
at least three officers all of whom are serving in a grade higher
than the grade of such officer.
"(iii) A requirement that such a preselection board may not
recommend that an officer be precluded from such consideration
unless the Secretary concerned has given the officer advance
written notice of the convening of such board and of the military
records that will be considered by the board and has given the
officer a reasonable period before the convening of the board in
which to submit comments to the board.
"(iv) A requirement that the Secretary convening such a
preselection board shall provide general guidance to the board in
accordance with standards and procedures prescribed by the
Secretary of Defense in those regulations.
"(v) A requirement that the preselection board may recommend
that an officer be precluded from consideration by a selection
board only on the basis of the general guidance provided by the
Secretary of the military department concerned, information in the
officer's official military personnel records that has been
described in the notice provided the officer as required pursuant
to clause (iii), and any communication to the board received from
that officer before the board convenes.".
(e) EFFECTIVE DATE. -- The amendments made by this section shall
apply to selection boards convened under section 611(a) of title 10,
United States Code, "10 USC 615 note" after the end of the 60-day period
beginning on the date of the enactment of this Act.
SEC. 505. RETIREMENT OF CHIEF OF NAVAL OPERATIONS AND COMMANDANT OF
THE MARINE CORPS IN HIGHEST GRADE.
(a) CHIEF OF NAVAL OPERATIONS. -- Section 5034 of title 10, United
States Code, is amended by inserting "and by and with the advice and
consent of the Senate" after "President".
(b) COMMANDANT OF THE MARINE CORPS. -- Section 5043(c) of such title
is amended by inserting "and by and with the advice and consent of the
Senate" after "President".
SEC. 506. GRADE OF RETIRED OFFICERS RECALLED TO ACTIVE DUTY.
(a) SERVICE IN HIGHER GRADE HELD WHILE ON ACTIVE DUTY. -- Subsection
(d) of section 688 of title 10, United States Code, is amended --
(1) by striking out "paragraph (2)" in paragraph (1) and
inserting in lieu thereof "paragraphs (2) and (3)"; and
(2) by adding at the end the following new paragraph:
"(3)(A) A retired member ordered to active duty under this section
who has previously served on active duty satisfactorily, as determined
by the Secretary of the military department concerned, in a grade higher
than that member's retired grade may be ordered to active duty in the
highest grade in which the member had so served satisfactorily, except
that such a member may not be so ordered to active duty in a grade above
major general or rear admiral.
"(B) A retired member ordered to active duty in a grade that is
higher than the member's retired grade pursuant to paragraph (1) shall
be treated for purposes of subsection (b) as if the member was promoted
to that higher grade while on that tour of active duty.
"(C) If, upon being released from that tour of active duty, such a
retired member has served on active duty satisfactorily, as determined
by the Secretary concerned, for not less than a total of 36 months in a
grade that is a higher grade than the member's retired grade, the member
is entitled to placement on the retired list in that grade.".
(b) CONFORMING AMENDMENT. -- Section 311(c) of Public Law 102-25
(105 Stat. 85) "10 USC 688 note" is amended by inserting ", and before
the date of the enactment of the National Defense Authorization Act for
Fiscal Years 1992 and 1993" before the period.
SEC. 511. "10 USC 4342 note" LIMITATION ON THE NUMBER OF CADETS AND
MIDSHIPMEN AUTHORIZED TO ATTEND THE SERVICE ACADEMIES.
(a) REDUCTION IN AUTHORIZED STRENGTHS. -- The authorized strength of
the Corps of Cadets of the United States Military Academy, the Air Force
Cadets of the United States Air Force Academy, and the brigade of
midshipmen of the United States Naval Academy may not exceed 4,000 for
each service academy for class years beginning after 1994.
(b) CLASS REDUCTIONS NOT TO AFFECT CERTAIN APPOINTMENTS. -- Any
reduction in the number of appointments to the class of a service
academy required as a result of subsection (a) may not be achieved by
reducing the number of appointments under section 4342(a), 6954(a), or
9342(a) of title 10, United States Code, as applicable.
(c) GAO REPORT. -- (1) The Comptroller General of the United States
shall determine for each of the Army, Navy, Air Force, and Marine Corps
the percentage for each benchmark year of the commissioned officers
receiving an original appointment during that year who were graduates of
a service academy. The Comptroller General shall also determine the
average of those annual percentages for each of those Armed Forces.
(2) The Comptroller General shall select the benchmark years
(including the number of years to be used as benchmark years) for
purposes of paragraph (1). The Comptroller General may select different
benchmark years for each of the Army, Navy, Air Force, and Marine Corps.
Each year selected as a benchmark year shall be one for which the
active duty strength of the Armed Force concerned was approximately the
authorized end strength established by law for that Armed Force for
members on active duty for fiscal year 1995.
(3) Not later than February 15, 1992, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report describing the results of the determinations of
the Comptroller General under paragraph (1).
(d) SERVICE ACADEMY DEFINED. -- For purposes of this section, the
term "service academy" means the United States Military Academy, the
United States Air Force Academy, or the United States Naval Academy.
(e) CONFORMING AMENDMENT. -- Section 531 of the National Defense
Authorization Act for Fiscal Year 1991 (104 Stat. 1563; 10 U.S.C. 4342
note) is repealed.
SEC. 512. ELIMINATION OF MINIMUM ENLISTED SERVICE REQUIREMENT FOR
NOMINATION TO THE NAVAL ACADEMY.
Section 6958(c) of title 10, United States Code, is amended --
(1) by striking out paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
SEC. 513. ADMINISTRATION OF ATHLETICS PROGRAMS AT THE SERVICE
ACADEMIES.
(a) IN GENERAL. -- Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
"Section 180. Service academy athletic programs: review board
"(a) INDEPENDENT REVIEW BOARD. -- The Secretary of Defense shall
appoint a board to review the administration of the athletics programs
of the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy.
"(b) COMPOSITION OF BOARD. -- The Secretary shall appoint the
members of the board from among distinguished administrators of
institutions of higher education, members of Congress, members of the
Boards of Visitors of the academies, and other experts in collegiate
athletics programs. The Superintendents of the three academies shall be
members of the board. The Secretary shall designate one member of the
board, other than a Superintendent of an academy, as Chairman.
"(c) DUTIES. -- The board shall, on an annual basis --
"(1) review all aspects of the athletics programs of the United
States Military Academy, the United States Naval Academy, and the
United States Air Force Academy, including --
"(A) the policies relating to the administration of such
programs;
"(B) the appropriateness of the balance between the emphasis
placed by each academy on athletics and the emphasis placed by
such academy on academic pursuits; and
"(C) the extent to which all athletes in all sports are treated
equitably under the athletics program of each academy; and
"(2) determine ways in which the administration of the
athletics programs at the academies can serve as models for the
administration of athletics programs at civilian institutions of
higher education.
"(d) ADMINISTRATIVE PROVISIONS. -- (1) Each member of the board who
is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for grade GS-18 of the General Schedule under
section 5332 of title 5, for each day (including travel time) during
which such member is engaged in the performance of the duties of the
board. Members of the board who are officers or employees of the United
States shall serve without compensation in addition to that received for
their services as officers or employees of the United States.
"(2) The members of the board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, while
away from their homes or regular places of business in the performance
of services for the board.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"180. Service academy athletic programs: review board.".
SEC. 514. AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO
THE SERVICE ACADEMIES FOR CERTAIN ENLISTED MEMBERS WHO SERVED DURING THE
PERSIAN GULF WAR.
(a) WAIVER AUTHORITY. -- The Secretary of the military department
concerned may waive the maximum age limitation in section 4346(a),
6958(a)(1), or 9346(a) of title 10, United States Code, "10 USC 4346
note" in the case of any enlisted member of the Armed Forces who --
(1) becomes 22 years of age while serving on active duty in the
Persian Gulf area of operations in connection with Operation
Desert Storm during the Persian Gulf War; or
(2) was a candidate for admission to the service academy under
the jurisdiction of such Secretary in 1990, was prevented from
being admitted to the academy during that year by reason of the
service of such person on active duty in the Persian Gulf area of
operations in connection with Operation Desert Storm, and became
22 years of age after July 1, 1990, and before the end of such
service in that area of operations.
(b) DEFINITIONS. -- For purposes of this section:
(1) The term "Operation Desert Storm" has the meaning given
such term in section 3(1) of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note).
(2) The term "Persian Gulf War" has the meaning given such term
in section 101(33) of title 38, United States Code.
SEC. 521. INCREASED NUMBER OF ACTIVE DUTY OFFICERS ASSIGNED TO
FULL-TIME SUPPORT AND TRAINING OF ARMY NATIONAL GUARD COMBAT UNITS.
Within the end strength for the number of officers of the Army on
active duty as of the end of fiscal year 1992 that is prescribed by
section 401(a)(1), the Secretary of the Army shall assign 1,300 of the
officers on active duty within that number to full-time duty in
connection with organizing, administering, recruiting, instructing, or
training combat units of the Army National Guard.
SEC. 522. GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP PROGRAM.
(a) PROGRAM REVISIONS. -- Section 2107a of title 10, United States
Code, is amended --
(1) in subsection (a)(1) --
(A) by striking out "a student at a military junior college"
and inserting in lieu thereof "enrolled in the Advanced Course of
the Army Reserve Officers' Training Corps at a military college,
military junior college, or civilian institution"; and
(B) by inserting "Reserve or Army National Guard" after second
lieutenant in the Army";
(2) in subsection (a)(2) --
(A) by inserting "military college or" after "To be considered
a";
(B) by striking out "that does not confer baccalaureate degrees
and that meets" and inserting in lieu thereof "and meet"; and
(C) by adding at the end the following new sentence: "For
purposes of this section, a military junior college does not
confer a baccalaureate degree.";
(3) in subsection (b)(6), by striking out "such reserve
component" and inserting in lieu thereof "a troop program unit of
the Army Reserve or Army National Guard";
(4) in subsection (f), by inserting "or who does not complete a
baccalaureate degree within five years after appointment as a
cadet under this section," after "when offered,"; and
(5) in subsection (h) --
(A) by striking out "(1)";
(B) by striking out "not less than 10 cadets under this section
each year" and inserting in lieu thereof "not more than 208 cadets
each year under this section, to include not less than 10 cadets";
and
(C) by striking out paragraph (2).
(b) CLERICAL AMENDMENTS. -- (1) The heading of such section is
amended to read as follows:
"Section 2107a. Financial assistance program for specially selected
members: Army Reserve and Army National Guard".
(2) The item relating to such section in the table of sections at the
beginning of chapter 103 of such title is amended to read as follows:
"2107a. Financial assistance program for specially selected members:
Army Reserve and Army National Guard.".
(c) REPORT. -- Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the feasibility and desirability of increasing the number
and type of senior Reserve Officer Training Corps scholarships available
for recruitment of officers for the Army National Guard and Army
Reserve.
SEC. 523. "10 USC 591 note" BACCALAUREATE DEGREE REQUIRED FOR
APPOINTMENT OR PROMOTION OF RESERVE COMPONENT OFFICERS TO GRADES ABOVE
FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE).
(a) IN GENERAL. -- After September 30, 1995, no person may be
appointed to a grade above the grade of first lieutenant in the Army
Reserve, Air Force Reserve, or Marine Corps Reserve or to a grade above
the grade of lieutenant (junior grade) in the Naval Reserve, or be
federally recognized in a grade above the grade of first lieutenant as a
member of the Army National Guard or Air National Guard, unless that
person has been awarded a baccalaureate degree by an accredited
educational institution.
(b) EXCEPTIONS. -- Subsection (a) does not apply to the following:
(1) The appointment to a higher grade of a person who is
appointed in or assigned for service in a health profession for
which a baccalaureate degree is not a condition of original
appointment or assignment.
(2) The appointment in the Naval Reserve or Marine Corps
Reserve of an individual appointed for service as an officer
designated as a limited duty officer.
(3) The appointment in the Naval Reserve of an individual
appointed for service under the Naval Aviation Cadet (NAVCAD)
program.
SEC. 524. "10 USC 591 note" PRIORITY IN MAKING ORIGINAL APPOINTMENTS
IN GUARD AND RESERVE COMPONENTS FOR ROTC SCHOLARSHIP PROGRAM GRADUATES.
In making appointments of persons as second lieutenants in the Army
Reserve, Air Force Reserve, or Marine Corps Reserve or to the grade of
ensign in the Naval Reserve, or in granting federal recognition in the
grade of second lieutenant to members of the Army National Guard or Air
National Guard, the Secretary of the military department concerned shall
give preference to persons who have completed a post-secondary program
of education pursued under a ROTC scholarship program at a college or
university accredited to award baccalaureate degrees or pursued under a
ROTC scholarship program at an accredited two-year or four-year military
college.
SEC. 525. "10 USC 690 note" WAIVER OF PROHIBITION ON CERTAIN RESERVE
SERVICE WITH THE ROTC PROGRAM.
The Secretary of the military department concerned may waive the
prohibition in section 690 of title 10, United States Code, in the case
of a member of a reserve component of the Armed Forces referred to in
that section who is serving in an assignment to duty with a unit of the
Reserve Officer Training Corps program on September 30, 1991, if the
Secretary determines that the removal of the member from that assignment
will cause a financial hardship for that member.
SEC. 526. "10 USC 5252 note" REPORT ON THE SUPERVISION, MANAGEMENT,
AND ADMINISTRATION OF THE MARINE CORPS RESERVE.
(a) REPORT. -- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the supervision, management, and administration of the
Marine Corps Reserve.
(b) CONTENT OF REPORT. -- The report shall include the following:
(1) A description of the organizational chain of command of the
Marine Corps Reserve from unit level through Headquarters, United
States Marine Corps.
(2) The identity of each office, if any, within the
Headquarters, United States Marine Corps, that has as its specific
responsibility the oversight of personnel, training, management,
and administration matters with respect to the Marine Corps
Reserve.
(3) If such offices exist, a discussion of the extent to which
it is the policy and practice of the Marine Corps to assign
members of the Marine Corps Reserve to duty in such offices.
(4) A discussion of how the current structure of the chain of
command and organization of administrative responsibility for the
Marine Corps Reserve at Headquarters, United States Marine Corps,
is designed to facilitate the efficiency, readiness, and ability
of the Marine Corps Reserve to execute the purpose set out in
section 262 of title 10, United States Code.
(5) A discussion of any actions that the Secretary of Defense
considers appropriate for improving the supervision, management,
and administration of the Marine Corps Reserve, including any
actions taken or planned to be taken by the Secretary as a result
of the issues identified in the preparation of the report.
(6) Any recommended legislation that the Secretary considers
necessary for the improvement of the organization, supervision,
management, or administration of the Marine Corps Reserve.
(c) DEADLINE FOR SUBMISSION OF REPORT. -- The report shall be
submitted not later than December 31, 1992.
SEC. 527. REPORT ON COMMISSIONING AND TRAINING OF NEW ARMY NATIONAL
GUARD OFFICERS.
Not later than six months after the date of the enactment of this
Act, the Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report concerning
--
(1) the desirability of a program requiring all Army National
Guard personnel seeking a commission through officer candidate
school to attend the Federal Officer Candidate School at Fort
Benning, Georgia, as a condition for Federal recognition; and
(2) the desirability of increasing the allocation of positions
at the course of instruction known as the Officer Basic Course for
attendees from the Army National Guard whose attendance would be
paid by the Army and not by the State National Guard.
SEC. 528. EXPANSION OF DUTIES FOR WHICH RESERVES ARE ENTITLED TO
MILITARY LEAVE FROM FEDERAL EMPLOYMENT.
Section 6323(b)(2) of title 5, United States Code, is amended by
striking out "law -- " and inserting in lieu thereof the following:
"law or for the purpose of providing assistance to civil authorities in
the protection or saving of life or property or the prevention of injury
-- ".
SEC. 531. REPEAL OF STATUTORY LIMITATIONS ON ASSIGNMENT OF WOMEN IN
THE ARMED FORCES TO COMBAT AIRCRAFT.
(a) AIR FORCE. -- (1) Section 8549 of title 10, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 843 of such
title is amended by striking out the item relating to section 8549.
(b) NAVY AND MARINE CORPS. -- Section 6015 of title 10, United
States Code, is amended in the third sentence --
(1) by striking out "or in aircraft";
(2) by inserting "(other than as aviation officers as part of
an air wing or other air element assigned to such a vessel)" after
"combat missions"; and
(3) by inserting "other" after "temporary duty on".
SEC. 541. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT. -- There is established a commission to be known
as the Commission on the Assignment of Women in the Armed Forces
(hereinafter in this subpart referred to as the "Commission").
(b) COMPOSITION. -- (1) The Commission shall be composed of 15
members appointed by the President. The Commission membership shall be
diverse with respect to race, ethnicity, gender, and age. The President
shall designate one of the members as Chairman of the Commission.
(2) The President shall appoint the members of the Commission from
among persons who have distinguished themselves in the public or private
sector and who have had significant experience (as determined by the
President) with one or more of the following matters:
(A) Social and cultural matters affecting the military and
civilian workplace gained through recognized research and
policymaking, as demonstrated by retired military personnel,
representatives from educational organizations, and leaders from
civilian industry and non-Department of Defense governmental
agencies.
(B) The law.
(C) Factors used to define appropriate combat job
qualifications, including physical, mental, educational, and other
factors.
(D) Service in the Armed Forces in a combat environment.
(E) Military personnel management.
(F) Experiences of women in the military gained through service
as --
(i) a female service member (current or former);
(ii) a manager of an organization with a representative
presence of women; or
(iii) a member of an organization with responsibility for
policy review, advice, or oversight of the status of women in the
military.
(G) Women's issues in American society.
(3) In making appointments to the Commission, the President shall
consult with the chairmen and ranking minority members of the Committees
on Armed Services of the Senate and the House of Representatives.
(c) PERIOD OF APPOINTMENT; VACANCIES. -- Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) INITIAL ORGANIZATIONAL REQUIREMENTS. -- (1) The President shall
make all appointments under subsection (b) within 60 days after the date
of the enactment of this Act.
(2) The Commission shall convene its first meeting within 15 days
after the first date on which all members of the Commission have been
appointed. At that meeting, the Commission shall develop an agenda and
a schedule for carrying out its duties.
SEC. 542. DUTIES.
(a) IN GENERAL. -- The Commission shall assess the laws and policies
restricting the assignment of female service members and shall make
findings on such matters.
(b) STUDIES. -- In carrying out such assessment, the Commission
shall --
(1) conduct a thorough study of duty assignments available for
female service members;
(2) examine studies already completed concerning duty
assignments for female service members; and
(3) conduct such additional studies as may be required.
(c) MATTERS TO BE CONSIDERED. -- Matters to be considered by the
Commission shall include the following:
(1) The implications, if any, for the combat readiness of the
Armed Forces of permitting female service members to qualify for
assignment to positions in some or all categories of combat
positions and to be assigned to such positions, including the
implications with respect to --
(A) the physical readiness of the armed forces and the process
for establishing minimum physical and other qualifications;
(B) the effects, if any, of pregnancy and other factors
resulting in time lost for male and female service members; in
evaluating lost time, comparisons must be made between like mental
categories and military occupational specialties rather than
simple gender comparisons; and
(C) the effects, if any, of such assignments on unit morale and
cohesion.
(2) The public attitudes in the United States on the use of
women in the military.
(3) The legal and policy implications (A) of permitting only
voluntary assignments of female service members to combat
positions, and (B) of permitting involuntary assignments of female
service members to some or all combat positions.
(4) The legal and policy implications --
(A) of requiring females to register for and to be subject to
conscription under the Military Selective Service Act on the same
basis as males if females were provided the same opportunity as
males for assignment to any position in the Armed Forces;
(B) of requiring females to register for and to be subject to
conscription under the Military Selective Service Act on the same
basis as males if females in the Armed Forces were assigned to
combat position only as volunteers; and
(C) of requiring females to register for and to be subject to
conscription under the Military Selective Service Act on a
different basis than males if females in the Armed Forces were not
assigned to combat positions on the same basis as males.
(5) The extent of the need to modify facilities and vessels,
aircraft, vehicles, and other equipment of the Armed Forces to
accommodate the assignment of female service members to combat
positions or to provide training in combat skills to female
service members, including any need to modify quarters, weapons,
and training facilities and equipment.
(6) The costs of meeting the needs identified pursuant to
paragraph (5).
(7) The implications of restrictions on the assignment of women
on the recruitment, retention, use, and promotion of qualified
personnel in the Armed Forces.
SEC. 543. REPORT.
(a) IN GENERAL. -- (1) Not later than November 15, 1992, the
Commission shall transmit to the President a final report on the results
of the study conducted by the Commission.
(2) The Commission may transmit to the President and to Congress such
interim reports as the Commission considers appropriate.
(b) CONTENT OF FINAL REPORT. -- (1) The final report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with such recommendations for further legislation and
administrative action as the Commission considers appropriate.
(2) The report shall include recommendations on the following
matters:
(A) Whether existing law and policies restricting the
assignment of female service members should be retained, modified,
or repealed.
(B) What roles female service members should have in combat.
(C) What transition process is appropriate if female service
members are to be given the opportunity to be assigned to combat
positions in the Armed Forces.
(D) Whether special conditions and different standards should
apply to females than apply to males performing similar roles in
the Armed Forces.
(c) SUBMISSION OF FINAL REPORT TO CONGRESS. -- Not later than
December 15, 1992, the President shall transmit to the Congress the
report of the Commission, together with the President's comments and
recommendations regarding such report.
SEC. 544. POWERS.
(a) HEARINGS. -- The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this subpart, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(b) INFORMATION. -- The Commission may secure directly from the
Department of Defense and any other Federal department or agency any
information that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this subpart. Upon
request of the Chairman of the Commission, the head of such department
or agency shall furnish such information to the Commission.
SEC. 545. COMMISSION PROCEDURES.
(a) MEETINGS. -- The Commission shall meet at the call of the
Chairman.
(b) QUORUM. -- (1) Five members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(2) The Commission shall act by resolution agreed to by a majority of
the members of the Commission present at a properly called meeting.
(c) PANELS. -- The Commission may establish panels composed of less
than the full membership of the Commission for the purpose of carrying
out the Commission's duties. The actions of each such panel shall be
subject to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION. -- Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this subpart.
SEC. 546. PERSONNEL MATTERS.
(a) PAY OF MEMBERS. -- Each member of the Commission who is not an
officer or employee of the Federal Government shall be paid at a rate
equal to the daily equivalent of the annual rate of basic pay payable
for level V of the Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel time) during which
the member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or employees
of the United States shall serve without pay in addition to that
received for their services as officers or employees of the United
States.
(b) TRAVEL EXPENSES. -- The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.
(c) STAFF. -- (1) The Chairman of the Commission may, without regard
to the provisions of title 5, United States Code, governing appointments
in the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission.
(2) The Chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that no rate of pay fixed under this paragraph may exceed the
rate payable for level V of the Executive Schedule under section 5316 of
such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES. -- Upon request of the Chairman
of the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES. -- The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule under
section 5316 of such title.
SEC. 547. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES. -- The Commission may use the
United States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES. -- The
Administrator of General Services shall furnish the Commission, on a
reimbursable basis, any administrative and support services requested by
the Commission.
(c) GIFTS. -- The Commission may accept, use, and dispose of gifts
or donations of services or property.
(d) PROCUREMENT AUTHORITY. -- The Commission may procure supplies,
services, and property and make contracts, in any fiscal year, in order
to carry out its duties, but (except in the case of temporary or
intermittent services procured under section 546(e)) only to such extent
or in such amounts as are provided in appropriation Acts or are donated
pursuant to subsection (c). Contracts and other procurement
arrangements may be entered into without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5) or any similar provision of Federal law.
(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. -- The
provisions of the Federal Advisory Committee Act shall not apply to the
Commission.
(f) TRAVEL. -- To the maximum extent practicable, the members and
employees of the Commission shall travel on military aircraft, military
ships, military vehicles, or other military conveyances when travel is
necessary in the performance of a responsibility of the Commission,
except that no such aircraft, ship, vehicle, or other conveyance may be
scheduled primarily for the transportation of any such member or
employee when the cost of commercial transportation is less expensive.
SEC. 548. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, and per diem allowances of members
and employees of the Commission shall be paid out of funds available to
the Department of Defense for the payment of compensation, travel
allowances, and per diem allowances, respectively, of civilian employees
of the Department of Defense. The other expenses of the Commission
shall be paid out of funds available to the Department of Defense for
the payment of similar expenses incurred by that Department.
SEC. 549. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which
Commission submits its final report under section 543(a)(1).
SEC. 550. TEST ASSIGNMENTS OF FEMALE SERVICE MEMBERS TO COMBAT
POSITIONS.
(a) TEST ASSIGNMENTS. -- In carrying out its duties, the Commission
may request the Secretary of Defense to conduct test assignments of
female service members to combat positions. The Secretary shall
determine, in consultation with the Commission, the types of tests that
are appropriate and shall retain a record of the disposition of each
such request.
(b) WAIVER AUTHORITY. -- For the purpose of conducting test
assignments of female service members to combat positions pursuant to
requests under subsection (a), the Secretary of Defense may waive
section 6015 of title 10, United States Code, and any other restriction
that applies under Department of Defense regulations or policy to the
assignment of female service members to combat positions.
SEC. 551. ESTABLISHMENT OF PHYSICIAN ASSISTANT SECTION IN ARMY
MEDICAL SPECIALIST CORPS.
(a) ESTABLISHMENT. -- (1) Subsection (a) of section 3070 of title
10, United States Code, is amended by adding at the end the following
new paragraph:
"(4) The Physician Assistant Section.".
(2) Such subsection is further amended --
(A) by striking out "sections -- " and inserting in lieu
thereof "sections:";
(B) by striking out "the" at the beginning of paragraphs (1),
(2), and (3) 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; and
(D) by striking out "; and" at the end of paragraph (2) and
inserting in lieu thereof a period.
(3) Subsection (c) of such section is amended by striking out "three
assistant chiefs" in the first sentence and inserting in lieu thereof
"four assistant chiefs".
(b) APPOINTMENT OF ASSISTANT CHIEF. -- Notwithstanding the
requirement in subsection (c) of section 3070 of title 10, "10 USC 3070
note" United States Code, as amended by subsection (a), with respect to
the appointment of officers of the Regular Army as chiefs of sections of
the Army Medical Specialist Corps, a warrant officer of the Army who is
appointed as a reserve commissioned officer and assigned to the Army
Medical Specialist Corps for service in the Physician Assistant Section
of that Corps during the five-year period beginning on the date of the
enactment of this Act may be appointed as an assistant chief of that
Corps and chief of the Physician Assistant Section.
(c) "10 USC 3070 note" RETIREMENT. -- A member of the Army who on
the date of the enactment of this Act is a warrant officer serving on
active duty (other than for training) as a physician assistant and who
is subsequently appointed as a commissioned officer in, or is assigned
to, the Physician Assistant Section of the Army Medical Specialist Corps
may elect at the time of the officer's retirement after 20 years or more
of active service that could be credited to the officer under section
511 of the Career Compensation Act of 1949, as amended --
(1) to revert to the highest warrant officer grade in which the
officer served on active duty (other than for training)
satisfactorily (as determined by the Secretary of the Army) for a
period of more than 30 days; and
(2) to be retired under chapter 65 of title 10, United States
Code.
(d) "10 USC 3070 note" CONSTRUCTIVE CREDIT FOR DETERMINATION OF GRADE
AND RANK. -- (1) For the purpose of determining the grade and rank
within grade of a person who is appointed as a commissioned officer in
the Army Medical Specialist Corps for service in the Physician Assistant
Section, or who is assigned to the Army Medical Specialist Corps for
service as a physician assistant, and who on the date of the enactment
of this Act is a warrant officer and a physician assistant on active
duty or in an active reserve status, the Secretary of the Army shall
credit that person at the time of such appointment with any service on
active duty, or in an active reserve status, as a physician assistant
performed as a member of the Armed Forces before that appointment.
(2) The Secretary of Defense shall prescribe regulations to carry out
this subsection.
SEC. 552. REVIEW OF PORT CHICAGO COURT-MARTIAL CASES.
The Secretary of the Navy shall carry out without delay a thorough
review of the cases of all 258 individuals convicted in the
courts-martial arising from the explosion at the Port Chicago
(California) Naval Magazine on July 17, 1944. The purpose of the review
shall be to determine the validity of the original findings and
sentences and the extent, if any, to which racial prejudice or other
improper factors now known may have tainted the original investigations
and trials. If the Secretary determines that the conviction of an
individual in any such case was in error or an injustice, then,
notwithstanding any other provision of law, he may correct that
individual's military records (including the record of the court-martial
in such case) as necessary to rectify the error or injustice.
SEC. 553. APPOINTMENT OF ADJUTANTS GENERAL OF THE NATIONAL GUARD OF
THE VIRGIN ISLANDS AND GUAM.
Section 314(b) of title 32, United States Code, is amended --
(1) by striking out "each Territory and" in the first sentence,
and
(2) by striking out the second sentence.
SEC. 554. PAYMENT FOR LEAVE ACCRUED AND LOST BY KOREAN CONFLICT
PRISONERS OF WAR.
(a) PAYMENT. -- The Secretary of the military department concerned
shall pay, from amounts available for military pay and allowances, an
amount determined under subsection (b) to each individual who as a
member of the Armed Forces during the Korean conflict was held as a
prisoner of war. The authority of the Secretary to make such payments
is effective for any fiscal year only to the extent that amounts are
provided in advance in appropriation Acts.
(b) PAYMENT AMOUNT. -- The amount of a payment under this section
shall be the greater of --
(1) $300; or
(2) subject to subsection (c), the amount of leave actually
accrued and lost by the individual concerned during the period the
individual was in a prisoner of war status.
(c) REQUIRED RECORDS. -- A payment under this section may be paid in
an amount determined under subsection (b)(2) only if the individual to
whom the payment is to be made has adequate records documenting to the
satisfaction of the Secretary concerned (1) the period the individual
was in a prisoner of war status, (2) the grade in the Armed Forces held
by the individual during that period, and (3) such other information as
the Secretary requires to compute such actual amount.
(d) DEADLINE FOR PAYMENTS. -- The Secretary of the military
department concerned shall make any payment required by subsection (a)
not later than the end of the six-month period beginning on the date of
the enactment of this Act.
SEC. 555. SENSE OF CONGRESS REGARDING PRIORITY FOR DEMOBILIZATION OF
RESERVE FORCES CALLED OR ORDERED TO ACTIVE DUTY IN CONNECTION WITH A
CONTINGENCY OPERATION.
(a) FINDINGS. -- Congress finds that the Department of Defense --
(1) was not sufficiently sensitive to the sacrifices made by
reservists called or ordered to active duty in connection with the
Persian Gulf conflict and by the families, employers, and
communities of those reservists; and
(2) did not give adequate priority to the redeployment and
demobilization of reserve forces called or ordered to active duty
in connection with the conflict.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that the
Secretary of Defense --
(1) should examine the redeployment policy used during the
Persian Gulf conflict with a view toward developing a policy for
future contingencies that would expedite the return of reserve
units activated or deployed during the contingency at the earliest
opportunity consistent with mission requirements; and
(2) in the case of any future contingency operation, should to
the maximum extent possible following termination of the
conditions that gave rise to the contingency operation
expeditiously shift the missions assigned to those reserve units
activated for the purpose of the contingency operation to active
duty units, to Federal civilians, or to contractors.
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1992.
(a) WAIVER OF SECTION 1009 ADJUSTMENT. -- Any adjustment required by
section 1009 of title 37, "37 USC 1009 note" United States Code, in
elements of compensation of members of the uniformed services to become
effective during fiscal year 1992 shall not be made.
(b) INCREASE IN BASIC PAY, BAS, AND BAQ. -- Effective on January 1,
1992, the rates of basic pay, basic allowance for subsistence, and basic
allowance for quarters of members of the uniformed services are
increased by 4.2 percent.
SEC. 602. LIMITATION ON THE AMOUNT OF BASIC ALLOWANCE FOR QUARTERS
FOR MEMBERS RECEIVING SUCH ALLOWANCE BY REASON OF THEIR PAYMENT OF CHILD
SUPPORT.
(a) LIMITATION. -- Section 403 of title 37, United States Code, is
amended by adding at the end the following new subsection:
"(m)(1) Except as provided in paragraph (2), in the case of a member
of a uniformed service who is assigned to quarters of the United States
or a housing facility under the jurisdiction of a uniformed service and
who is authorized a basic allowance for quarters solely by reason of the
member's payment of child support, the amount of the basic allowance for
quarters to which the member is entitled shall be equal to the
difference between the basic allowance for quarters applicable to the
member's grade, rank, or rating at the with-dependent rate and the
applicable basic allowance for quarters at the without-dependent rate.
"(2) A member of a uniformed service shall not be entitled to a basic
allowance for quarters solely by reason of the payment of child support
if the monthly rate of that child support is less than the amount of the
basic allowance for quarters computed for the member under paragraph
(1).
"(3) The application of this subsection to a member of a uniformed
service shall not affect the entitlement of that member to a basic
allowance for quarters at a partial rate under section 1009(c) of this
title.".
(b) EXCEPTION FOR CERTAIN MEMBERS. -- Subsection (m) of section 403
of title 37, "37 USC 403 note" United States Code (as added by
subsection (a)), shall not apply with respect to a member of a uniformed
service assigned to quarters of the United States or a housing facility
under the jurisdiction of a uniformed service who, on the day before the
date of the enactment of this Act, was entitled to receive a basic
allowance for quarters solely by reason of the member's payment of child
support. The exception provided by this subsection shall expire with
respect to a member described in the preceding sentence on the date on
which the member becomes entitled to receive a basic allowance for
quarters at the with-dependents rate for a reason other than, or in
addition to, the member's payment of child support.
SEC. 603. DETERMINATION OF VARIABLE HOUSING ALLOWANCE FOR RESERVES
AND RETIREES CALLED OR ORDERED TO ACTIVE DUTY.
Section 403a(a) of title 37, United States Code, is amended by adding
at the end the following new paragraph:
"(5)(A) In the case of a member described in subparagraph (B) who is
assigned to duty away from the member's principal place of residence (as
determined under regulations prescribed by the Secretary of Defense),
the member shall be considered to be assigned to duty at that residence
for the purpose of determining the entitlement of the member to a
variable housing allowance under this section.
"(B) A member referred to in subparagraph (A) is a member of a
uniformed service who --
"(i) is a member of a reserve component called or ordered to
active duty (other than for training) or is a retired member
ordered to active duty under section 688(a) of title 10; and
"(ii) is not authorized transportation of household goods under
section 406 of this title from the member's principal place of
residence to the place of that duty assignment.".
SEC. 604. ADMINISTRATION OF BASIC ALLOWANCE FOR QUARTERS AND
VARIABLE HOUSING ALLOWANCE.
(a) BASIC ALLOWANCE FOR QUARTERS. -- Section 403 of title 37, United
States Code (as amended by section 602), is further amended --
(1) in subsection (a) --
(A) by inserting "(1)" after "(a)"; and
(B) by adding at the end the following new paragraph:
"(2) A member of a uniformed service with dependents is not entitled
to a basic allowance for quarters as a member with dependents unless the
member makes an annual certification to the Secretary concerned
indicating the status of each dependent of the member. The
certification shall be made in accordance with regulations prescribed by
the Secretary of Defense."; and
(2) in subsection (j)(1), by striking out "President may" and
inserting in lieu thereof "Secretary of Defense shall".
(b) VARIABLE HOUSING ALLOWANCE. -- Section 403a of such title (as
amended by section 603), is further amended --
(1) in subsection (b) --
(A) by striking out "or" at the end of paragraph (2);
(B) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof "; or"; and
(C) by adding at the end the following new paragraph:
"(4) unless the member makes an annual certification (in
accordance with such regulations as the Secretary of Defense may
prescribe) to the Secretary concerned identifying the housing
costs of the member."; and
(2) in subsection (e) --
(A) by striking out "President" in paragraph (1) and inserting
in lieu thereof "Secretary of Defense";
(B) by striking out "a survey area" in paragraphs (2) and (3)
each place it appears and inserting in lieu thereof "an area";
(C) by striking out "the survey area" in paragraph (2)(A) and
inserting in lieu thereof "that area"; and
(D) by striking out "such area reported on the variable housing
allowance survey" in paragraph (2)(B) and inserting in lieu
thereof "that area determined on the basis of the annual
certifications of housing costs of members of the uniformed
services receiving a variable housing allowance for that area".
(c) "37 USC 403 note" EFFECTIVE DATE. -- The amendments made by this
section shall take effect six months after the date of the enactment of
this Act.
SEC. 605. REVISION IN RATE OF PAY OF AVIATION CADETS.
Subsection (c) of section 201 of title 37, United States Code, is
amended to read as follows:
"(c) Unless entitled to the basic pay of a higher pay grade, an
aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is
entitled to monthly basic pay at the lowest rate prescribed for pay
grade E-4.".
SEC. 606. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE ON TERMINAL
LEAVE.
(a) BASIC PAY DURING TERMINAL LEAVE. -- Chapter 3 of title 37,
United States Code, is amended by adding at the end the following new
section:
"Section 210. Pay of the senior noncommissioned officer of an armed
force during terminal leave
"(a) A noncommissioned officer of an armed force who, immediately
following the completion of service as the senior enlisted member of
that armed force, is placed on terminal leave pending retirement shall
be entitled, for not more than 60 days while in such status, to the rate
of basic pay authorized for the senior enlisted member of that armed
force.
"(b) In this section, the term 'senior enlisted member' means the
following:
"(1) The Sergeant Major of the Army.
"(2) The Master Chief Petty Officer of the Navy.
"(3) The Chief Master Sergeant of the Air Force.
"(4) The Sergeant Major of the Marine Corps.
"(5) The Master Chief Petty Officer of the Coast Guard.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"210. Pay of the senior noncommissioned officer of an armed force
during terminal leave.".
SEC. 607. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS ON
SEA DUTY FOR ACCOMMODATIONS IN PLACE OF QUARTERS.
(a) REINSTATEMENT AND EXTENSION OF EXPIRED AUTHORITY. -- Subsection
(b) of section 7572 of title 10, United States Code, is amended to read
as in effect on September 30, 1991, and, as so amended, is further
amended --
(1) in paragraph (3) --
(A) by striking out "$1,421,000 for fiscal year 1986 and"; and
(B) by striking out "1991" and inserting in lieu thereof
"1992"; and
(2) by adding at the end the following new paragraph:
"(4) The authority provided under this subsection shall expire on
September 30, 1992.".
(b) EFFECT OF SUBSEQUENT EXPIRATION OF AUTHORITY. -- Such section is
further amended by adding at the end the following new subsection:
"(d)(1) After the expiration of the authority provided in subsection
(b), an officer of the naval service on sea duty who is deprived of
quarters on board ship because of repairs or because of other conditions
that make the officer's quarters uninhabitable may be reimbursed for
expenses incurred in obtaining quarters if it is impracticable to
furnish the officer with accommodations under subsection (a).
"(2) The total amount that an officer may be reimbursed under this
subsection may not exceed an amount equal to the basic allowance for
quarters of an officer of that officer's grade.
"(3) This subsection shall not apply to an officer who is entitled to
basic allowance for quarters.
"(4) The Secretary may prescribe regulations to carry out this
subsection.".
(c) APPLICATION OF AMENDMENT. -- The amendment "10 USC 7572 note"
made by subsection (a) shall apply with respect to members of the
uniformed services who perform sea duty on or after October 1, 1991.
SEC. 611. REPEAL OF WARTIME AND NATIONAL EMERGENCY PROHIBITIONS ON
THE PAYMENT OF CERTAIN PAY AND ALLOWANCES.
(a) IMMINENT DANGER PAY. -- Section 310(a) of title 37, United
States Code, is amended by striking out "Except in time of war declared
by Congress, and under" and inserting in lieu thereof "Under".
(b) FAMILY SEPARATION ALLOWANCE. -- Section 427(b)(1) of such title
is amended by striking out "Except in time of war or of national
emergency hereafter declared by Congress, and in" and inserting in lieu
thereof "In".
SEC. 612. EXTENSIONS OF AUTHORITIES RELATING TO PAYMENT OF CERTAIN
BONUSES AND OTHER SPECIAL PAY.
(a) AVIATOR RETENTION BONUS. -- (1) Section 301b(a) of title 37,
United States Code, is amended by striking out "September 30, 1991" and
inserting in lieu thereof "September 30, 1992".
(2)(A) In the case of an officer described in subparagraph (B) who
executes an agreement under section 301b of such title "37 USC 301b
note" during the 90-day period beginning on the date of the enactment of
this Act, the Secretary concerned may treat such agreement as having
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 paragraph (1) taken effect on October 1, 1991.
(B) An officer referred to in subparagraph (A) is an officer who,
during the period beginning on October 1, 1991, 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 paragraph (1) taken effect
on October 1, 1991.
(C) For purposes of this paragraph, the term "Secretary concerned"
has the meaning given that term in section 101(5) of title 37, United
States Code.
(b) SPECIAL PAY FOR ENLISTED MEMBERS OF THE SELECTED RESERVE ASSIGNED
TO HIGH PRIORITY UNITS. -- (1) Section 308d(c) of such title is amended
by striking out "September 30, 1991" and inserting in lieu thereof
"September 30, 1992".
(2) The amendment made by paragraph (1) shall take effect as of
September 30, 1991, and shall apply with respect to inactive duty for
training performed after that date for which special pay is authorized
under section 308d "37 USC 308d note" of such title.
(c) ACCESSION BONUSES FOR NURSE OFFICER CANDIDATES. -- (1) Section
2130a(a)(1) of title 10, United States Code, is amended by striking out
"September 30, 1991" and inserting in lieu thereof "September 30, 1992".
(2)(A) In the case of a person described in subparagraph (B) who
executes an agreement under section 2130a of such title "10 USC 2130a
note" during the 90-day period beginning on the date of the enactment of
this Act, the Secretary concerned may treat such agreement as having
been executed and accepted for purposes of such section on the first
date on which the person would have qualified for such an agreement had
the amendment made by paragraph (1) taken effect on October 1, 1991.
(B) A person referred to in subparagraph (A) is a person who, during
the period beginning on October 1, 1991, 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 paragraph (1) taken effect on October
1, 1991.
(C) For purposes of this paragraph, the term "Secretary concerned"
has the meaning given that term in section 101(8) of such title.
SEC. 613. INCREASE IN IMMINENT DANGER PAY.
Section 310(a) of title 37, United States Code (as amended by section
611(a)), is further amended by striking out "lowest rate for hazardous
duty incentive pay specified in section 301(c)(1) of this title" and
inserting in lieu thereof "rate of $150".
SEC. 614. CLARIFICATION OF PARACHUTE JUMPING FOR PURPOSES OF
HAZARDOUS DUTY PAY.
Section 301(c)(1) of title 37, United States Code, is amended by
striking out "at a high altitude with a low opening" in the second
sentence and inserting in lieu thereof "in military free fall operations
involving parachute deployment by the jumper without the use of a static
line".
SEC. 615. INELIGIBILITY OF FLAG OFFICERS FOR MULTIYEAR RETENTION
BONUS FOR MEDICAL OFFICERS.
(a) REITERATING INELIGIBILITY. -- The restriction contained in
subsection (b)(2) of section 301d of title 37, "37 USC 301d note" United
States Code, on the eligibility of flag and general officers serving as
full-time physicians to receive a multiyear retention bonus under that
section shall not be construed as being limited, modified, or superseded
by any provision of law, whether enacted before, on, or after the date
of the enactment of this Act, unless that provision of law --
(1) specifically refers to that section and this subsection;
and
(2) identifies the flag and general officers affected by that
provision.
(b) SAVINGS PROVISION. -- (1) A medical officer of the Armed Forces
who is a flag or general officer and has received any payment of a bonus
under section 301d of title 37, United States Code, before the date of
the enactment of this Act may not be required to reimburse the United
States for such payment by reason of the enactment of subsection (a).
(2) A written agreement referred to in section 301d of title 37,
United States Code, that was entered into on or after April 10, 1991,
and before the date of the enactment of this Act by a medical officer of
the Armed Forces referred to in paragraph (1) in exchange for a payment
(or a promise of payment) of a bonus under that section shall be
terminated as of the later of --
(A) the end of the month following the month in which this Act
is enacted; or
(B) the end of the period covered by the bonus payment or
payments received by that officer as described in that paragraph.
SEC. 621. DEFINITION OF DEPENDENT FOR PURPOSES OF ALLOWANCES.
The text of section 401 of title 37, United States Code, is amended
to read as follows:
"(a) DEPENDENT DEFINED. -- In this chapter, the term 'dependent',
with respect to a member of a uniformed service, means the following
persons:
"(1) The spouse of the member.
"(2) An unmarried child of the member who --
"(A) is under 21 years of age;
"(B) is incapable of self-support because of mental or physical
incapacity and is in fact dependent on the member for more than
one-half of the child's support; or
"(C) is under 23 years of age, is enrolled in a full-time
course of study in an institution of higher education approved by
the Secretary concerned for purposes of this subparagraph, and is
in fact dependent on the member for more than one-half of the
child's support.
"(3) A parent of the member if --
"(A) the parent is in fact dependent on the member for more
than one-half of the parent's support;
"(B) the parent has been so dependent for a period prescribed
by the Secretary concerned or became so dependent due to a change
of circumstances arising after the member entered on active duty;
and
"(C) the dependency of the parent on the member is determined
on the basis of an affidavit submitted by the parent and any other
evidence required under regulations prescribed by the Secretary
concerned.
"(b) OTHER DEFINITIONS. -- For purposes of subsection (a):
"(1) The term 'child' includes --
"(A) a stepchild of the member (except that such term does not
include a stepchild after the divorce of the member from the
stepchild's parent by blood);
"(B) an adopted child of the member, including a child placed
in the home of the member by a placement agency for the purpose of
adoption; and
"(C) an illegitimate child of the member if the member's
parentage of the child is established in accordance with criteria
prescribed in regulations by the Secretary concerned.
"(2) The term 'parent' means --
"(A) a natural parent of the member;
"(B) a stepparent of the member;
"(C) a parent of the member by adoption;
"(D) a parent, stepparent, or adopted parent of the spouse of
the member; and
"(E) any other person, including a former stepparent, who has
stood in loco parentis to the member at any time for a continuous
period of at least five years before the member became 21 years of
age.".
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCE FOR DEPENDENTS OF
MEMBERS ASSIGNED TO A VESSEL UNDER CONSTRUCTION.
Section 406c(b)(1) of title 37, United States Code, is amended by
striking out "the location that was the home port of the ship before
commencement of construction" and inserting in lieu thereof "the
designated home port of the ship, or the area where the dependents of
the member are residing,".
SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN EMERGENCY
DUTY WITHIN LIMITS OF DUTY STATION.
Section 408 of title 37, United States Code, is amended --
(1) by inserting "(a)" before "A member of a uniformed
service"; and
(2) by adding at the end the following new subsection:
"(b)(1) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who performs emergency duty described in
paragraph (2) is entitled to travel and transportation allowances under
section 404 of this title for that duty.
"(2) The emergency duty referred to in paragraph (1) is duty that --
"(A) is performed by a member under emergency circumstances
that threaten injury to property of the Federal Government or
human life;
"(B) is performed at a location within the limits of the
member's station (other than at the residence or normal duty
location of the member);
"(C) is performed pursuant to the direction of competent
authority; and
"(D) requires the member's use of overnight accommodations.".
SEC. 624. AUTHORITY OF MEMBERS TO DEFER AUTHORIZED TRAVEL IN
CONNECTION WITH CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(2) of title 37, United States Code, is amended to
read as follows:
"(2) Under the regulations referred to in paragraph (1), a member may
defer the travel for which the member is paid travel and transportation
allowances under such paragraph until not more than one year after the
date on which the member begins the consecutive tour of duty at the same
duty station or reports to another duty station under the order
involved, as the case may be.".
SEC. 625. INCREASE IN FAMILY SEPARATION ALLOWANCE.
(a) INCREASE IN ALLOWANCE. -- Subsection (b)(1) of section 427 of
title 37, United States Code (as amended by section 611(b)), is further
amended by striking out "$60" and inserting in lieu thereof "$75".
(b) CLERICAL AMENDMENTS. -- Such section is further amended --
(1) in subsection (a), by inserting "ALLOWANCE EQUAL TO BASIC
ALLOWANCE FOR QUARTERS. -- " after "(a)"; and
(2) in subsection (b), by inserting "ADDITIONAL SEPARATION
ALLOWANCE. -- " after "(b)".
SEC. 626. TRANSPORTATION OF THE REMAINS OF CERTAIN DECEASED
DEPENDENTS OF RETIRED MEMBERS OF THE ARMED FORCES.
(a) TRANSPORTATION OF REMAINS. -- Section 1490 of title 10, United
States Code, is amended --
(1) in subsection (a), by inserting ", or a dependent of such a
member," after "equivalent pay"; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
"(c) In this section:
"(1) The term 'United States' includes the Commonwealth of
Puerto Rico and the territories and possessions of the United
States.
"(2) The term 'dependent' has the meaning given such term in
section 1072(2) of this title.".
(b) CONFORMING AMENDMENTS. -- (1) The heading of section 1490 of
title 10, United States Code, is amended to read as follows:
"Section 1490. Transportation of remains: certain retired members
and dependents who die in military medical facilities".
(2) The table of sections at the beginning of chapter 75 of such
title is amended by striking out the item relating to section 1490 and
inserting in lieu thereof the following:
"1490. Transportation of remains: certain retired members and
dependents who die in military medical facilities.".
SEC. 631. DEFINITION OF CONTINGENCY OPERATION.
(a) TITLE 10. -- Section 101 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
"(47) The term 'contingency operation' means a military
operation that --
"(A) is designated by the Secretary of Defense as an operation
in which members of the armed forces are or may become involved in
military actions, operations, or hostilities against an enemy of
the United States or against an opposing military force; or
"(B) results in the call or order to, or retention on, active
duty of members of the uniformed services under section 672(a),
673, 673b, 673c, 688, 3500, or 8500 of this title, chapter 15 of
this title, or any other provision of law during a war or during a
national emergency declared by the President or Congress.".
(b) TITLE 37. -- Section 101 of title 37, United States Code, is
amended by adding at the end the following new paragraph:
"(26) The term 'contingency operation' has the meaning given
that term in section 101(47) of title 10.".
SEC. 632. BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN RESERVES WITHOUT
DEPENDENTS.
(a) PAYMENT REQUIRED. -- Section 403(d) of title 37, United States
Code, is amended --
(1) by inserting "(1)" after "(d)"; and
(2) by adding at the end the following new paragraph:
"(2) A member of a reserve component without dependents who is called
or ordered to active duty in support of a contingency operation (other
than a member who is authorized transportation of household goods under
section 406 of this title as part of that call or order) may not be
denied a basic allowance for quarters if, because of that call or order,
the member is unable to continue to occupy a residence --
"(A) which is maintained as the primary residence of the member
at the time of the call or order; and
"(B) which is owned by the member or for which the member is
responsible for rental payments.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
calls or orders of members of the reserve components of the Armed Forces
to active duty on or after that date "37 USC 403 note".
SEC. 633. VARIABLE HOUSING ALLOWANCE.
Section 403a(b)(3) of title 37, United States Code (as amended by
section 604(b)(1)(B)), is further amended by striking out "140 days" and
inserting in lieu thereof "140 days, unless the call or order to active
duty is in support of a contingency operation".
SEC. 634. MEDICAL, DENTAL, AND NONPHYSICIAN SPECIAL PAYS FOR
RESERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS.
(a) ELIGIBLE FOR SPECIAL PAY. -- Chapter 5 of title 37, United
States Code, is amended by inserting after section 302e the following
new section:
"Section 302f. Special pay: reserve, recalled, or retained health
care officers
"(a) ELIGIBLE FOR SPECIAL PAY. -- A health care officer described in
subsection (b) shall be eligible for special pay under section 302,
302a, 302b, 302c, 302e, or 303 of this title (whichever applies)
notwithstanding any requirement in those sections that --
"(1) the call or order of the officer to active duty be for a
period of not less than one year; or
"(2) the officer execute a written agreement to remain on
active duty for a period of not less than one year.
"(b) HEALTH CARE OFFICERS DESCRIBED. -- A health care officer
referred to in subsection (a) is an officer of the armed forces who is
otherwise eligible for special pay under section 302, 302a, 302b, 302c,
302e, or 303 of this title and who --
"(1) is a reserve officer on active duty (other than for
training) under a call or order to active duty for a period of
more than 30 days but less than one year;
"(2) is involuntarily retained on active duty under section
673c of title 10, or is recalled to active duty under section 688
of title 10 for a period of more than 30 days; or
"(3) voluntarily agrees to remain on active duty for a period
of less than one year at a time when --
"(A) officers are involuntarily retained on active duty under
section 673c of title 10; or
"(B) the Secretary of Defense determines (pursuant to
regulations prescribed by the Secretary) that special
circumstances justify the payment of special pay under this
section.
"(c) MONTHLY PAYMENTS. -- Payment of special pay pursuant to this
section may be made on a monthly basis. The officer shall refund any
amount received under this section in excess of the amount that
corresponds to the actual period of active duty served by the officer.
"(d) SPECIAL RULE FOR RESERVE MEDICAL OFFICER. -- While a reserve
medical officer receives a special pay under section 302 of this title
by reason of subsection (a), the officer shall not be entitled to
special pay under subsection (h) of that section.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
302e the following new item:
"302f. Special pay: reserve, recalled, or retained health care
officers.".
SEC. 635. WAIVER OF BOARD CERTIFICATION REQUIREMENTS.
(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION. -- Chapter 5
of title 37, United States Code, is amended by inserting after section
303a the following new section:
"Section 303b. Waiver of board certification requirements
"(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION. -- A member
of the armed forces described in subsection (b) who completes the board
certification or recertification requirements specified in section
302(a)(5), 302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title before
the end of the period established for the member in subsection (c) shall
be paid special pay under the applicable section for active duty
performed during the period beginning on the date on which the member
was assigned to duty in support of a contingency operation and ending on
the date of that certification or recertification if the Secretary of
Defense determines that the member was unable to schedule or complete
that certification or recertification earlier because of that duty.
"(b) ELIGIBLE MEMBERS DESCRIBED. -- A member of the armed forces
referred to in subsection (a) is a member who --
"(1) is a medical or dental officer or a nonphysician health
care provider;
"(2) has completed any required residency training; and
"(3) was, except for the board certification requirement,
otherwise eligible for special pay under section 302(a)(5),
302b(a)(5), 302c(c)(3), or 302c(d)(4) of this title during a duty
assignment in support of a contingency operation.
"(c) PERIOD FOR CERTIFICATION. -- The period referred to in
subsection (a) for completion of board certification or recertification
requirements with respect to a member of the armed forces is the 180-day
period (extended for such additional time as the Secretary of Defense
determines to be appropriate) beginning on the date on which the member
is released from the duty to which the member was assigned in support of
a contingency operation.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
303a the following new item:
"303b. Waiver of board certification requirements.".
SEC. 636. WAIVER OF FOREIGN LANGUAGE PROFICIENCY CERTIFICATION
REQUIREMENT.
(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION. -- Chapter 5
of title 37, United States Code, is amended by inserting after section
316 the following new section:
"Section 316a. Waiver of certification requirement
"(a) CERTIFICATION INTERRUPTED BY CONTINGENCY OPERATION. -- (1) A
member of the armed forces described in subsection (b) shall be paid
special pay under section 316 of this title for the active duty
performed by that member during the period described in paragraph (2) if
--
"(A) the member was assigned to duty in connection with a
contingency operation;
"(B) the Secretary concerned (under regulations prescribed by
the Secretary of Defense) determines that the member was unable to
schedule or complete the certification required for eligibility
for the special pay under that section because of that duty;
"(C) except for not meeting the certification requirement in
that section, the member was otherwise eligible for that special
pay for that active duty; and
"(D) the member completes the certification requirement
specified in that section before the end of the period established
for the member in subsection (c).
"(2) The period for which a member may be paid special pay for active
duty pursuant to paragraph (1) is the period beginning on the date on
which the member was assigned to the duty referred to in subparagraph
(A) of that paragraph and ending on the date of the member's
certification referred to in subparagraph (D) of that paragraph.
"(b) ELIGIBLE MEMBER DESCRIBED. -- A member of the armed forces
referred to in subsection (a) is a member who meets the requirement
referred to in section 316(a)(3) of this title.
"(c) PERIOD FOR CERTIFICATION. -- The period referred to in
subparagraph (D) of subsection (a)(1) with respect to a member of the
armed forces is the 180-day period beginning on the date on which the
member was released from the duty referred to in that subsection. The
Secretary concerned may extend that period for a member in accordance
with regulations prescribed by the Secretary of Defense.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
316 the following new item:
"316a. Waiver of certification requirement.".
SEC. 637. TREATMENT OF ACCRUED LEAVE.
(a) MEMBERS WHO DIE WHILE ON ACTIVE DUTY. -- Subsection (d) of
section 501 of title 37, United States Code, is amended --
(1) by inserting "(1)" after "(d)";
(2) by striking out "However," in the third sentence and
inserting in lieu thereof "Except as provided in paragraph (2),";
and
(3) by adding at the end the following new paragraph:
"(2) In the case of a member of the uniformed services who dies as a
result of an injury or illness incurred while serving on active duty in
support of a contingency operation, the limitations in the second
sentence of subsection (b)(3), subsection (f), and the second sentence
of subsection (g) shall not apply with respect to a payment made under
this subsection for leave accrued during the contingency operation.".
(b) OTHER MEMBERS. -- Subsection (b) of that section is amended by
adding at the end the following new paragraph:
"(5) The limitation in the second sentence of paragraph (3) and in
subsection (f) shall not apply with respect to leave accrued --
"(A) by a member of a reserve component while serving on active
duty in support of a contingency operation;
"(B) by a member of the armed forces in the Retired Reserve
while serving on active duty in support of a contingency
operation; or
"(C) by a retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps or a member of the
Fleet Reserve or Fleet Marine Corps Reserve while the member is
serving on active duty in support of a contingency operation.".
SEC. 638. AUTHORIZATION TO EXCEED CEILING ON ACCUMULATION OF LEAVE.
Section 701(f) of title 10, United States Code, is amended --
(1) by inserting "(1)" after "(f)";
(2) by striking out "Leave" in the last sentence and inserting
in lieu thereof "Except as provided in paragraph (2), leave"; and
(3) by adding at the end the following new paragraph:
"(2) Under the uniform regulations referred to in paragraph (1), a
member of an armed force who serves on active duty in a duty assignment
in support of a contingency operation during a fiscal year and who,
except for this paragraph --
"(A) would lose any accumulated leave in excess of 60 days at
the end of that fiscal year, shall be permitted to retain such
leave (not to exceed 90 days) until the end of the succeeding
fiscal year; or
"(B) would lose any accumulated leave in excess of 60 days at
the end of the succeeding fiscal year (other than by reason of
subparagraph (A)), shall be permitted to retain such leave (not to
exceed 90 days) until the end of the next succeeding fiscal
year.".
SEC. 639. SAVINGS PROGRAM FOR OVERSEAS MEMBERS AND MEMBERS IN A
MISSING STATUS.
(a) MISSING MEMBERS. -- Subsection (b) of section 1035 of title 10,
United States Code, is amended --
(1) by striking out "or during the Persian Gulf conflict." in
the second sentence and inserting in lieu thereof ", the Persian
Gulf conflict, or a contingency operation."; and
(2) by striking out the last sentence.
(b) OTHER MEMBERS. -- Such section is further amended --
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
"(f) The Secretary of Defense may authorize a member of the armed
forces who is on a temporary duty assignment outside of the United
States or its possessions in support of a contingency operation to make
deposits of unallotted current pay and allowances during that duty as
provided in subsection (a). The Secretary shall prescribe regulations
establishing standards and procedures for the administration of this
subsection.".
(c) DEFINITIONS. -- Subsection (g) of such section (as redesignated
by subsection (b)(1)) is amended to read as follows:
"(g) In this section:
"(1) The term 'missing status' has the meaning given that term
in section 551(2) of title 37.
"(2) The term 'Vietnam conflict' means the period beginning on
February 28, 1961, and ending on May 7, 1975.
"(3) The term 'Persian Gulf conflict' means the period
beginning on January 16, 1991, and ending on the date thereafter
prescribed by Presidential proclamation or by law.".
SEC. 640. TRANSITIONAL HEALTH CARE.
(a) HEALTH CARE PROVIDED. -- Chapter 55 of title 10, United States
Code, is amended --
(1) by redesignating section 1074b as section 1074c; and
(2) by inserting after section 1074a the following new section:
"Section 1074b. Transitional medical and dental care: members on
active duty in support of contingency operations
"(a) HEALTH CARE PROVIDED. -- A member of the armed forces described
in subsection (b), and the dependents of the member, shall be entitled
to receive health care described in subsection (c) upon the release of
the member from active duty in support of a contingency operation until
the earlier of --
"(1) 30 days after the date of the release of the member from
active duty; or
"(2) the date on which the member and the dependents of the
member are covered by a health plan sponsored by an employer.
"(b) ELIGIBLE MEMBER DESCRIBED. -- A member of the armed forces
referred to in subsection (a) is a member who --
"(1) is a member of a reserve component and is called or
ordered to active duty in support of a contingency operation;
"(2) is involuntarily retained on active duty under section
673c of this title in support of a contingency operation; or
"(3) voluntarily agrees to remain on active duty for a period
of less than one year in support of a contingency operation.
"(c) HEALTH CARE DESCRIBED. -- The health care referred to in
subsection (a) is --
"(1) medical and dental care available under section 1076 of
this title in the same manner as such care is available for a
dependent described in subsection (a)(2) of that section; and
"(2) health benefits contracted for under the authority of
section 1079(a) of this title and subject to the same rates and
conditions as apply to persons covered under that section.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by striking out the item relating to section
1074b and inserting in lieu thereof the following new items:
"1074b. Transitional medical and dental care: members on active
duty in support of contingency operations.
"1074c. Medical care: authority to provide a wig.".
SEC. 651. PERMANENT EXTENSION OF PROGRAM TO REIMBURSE MEMBERS OF THE
ARMED FORCES FOR ADOPTION EXPENSES.
(a) CODIFICATION OF PROGRAM FOR DEPARTMENT OF DEFENSE. -- (1)
Chapter 53 of title 10, United States Code, is amended by inserting
after section 1051 following new section:
"Section 1052. Reimbursement for adoption expenses
"(a) AUTHORIZATION TO REIMBURSE. -- The Secretary of Defense shall
carry out a program under which a member of the armed forces may be
reimbursed, as provided in this section, for qualifying adoption
expenses incurred by the member in the adoption of a child under 18
years of age.
"(b) ADOPTIONS COVERED. -- An adoption for which expenses may be
reimbursed under this section includes an adoption by a single person,
an infant adoption, an intercountry adoption, and an adoption of a child
with special needs (as defined in section 473(c) of the Social Security
Act (42 U.S.C. 673(c)).
"(c) BENEFITS PAID AFTER ADOPTION IS FINAL. -- Benefits paid under
this section in the case of an adoption may be paid only after the
adoption is final.
"(d) TREATMENT OF OTHER BENEFITS. -- A benefit may not be paid under
this section for any expense paid to or for a member of the armed forces
under any other adoption benefits program administered by the Federal
Government or under any such program administered by a State or local
government.
"(e) LIMITATIONS. -- (1) Not more than $2,000 may be paid under this
section to a member of the armed forces, or to two such members who are
spouses of each other, for expenses incurred in the adoption of a child.
"(2) Not more than $5,000 may be paid under this section to a member
of the armed forces, or to two such members who are spouses of each
other, for adoptions by such member (or members) in any calendar year.
"(f) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations to carry out this section.
"(g) DEFINITIONS. -- In this section:
"(1) The term 'qualifying adoption expenses' means reasonable
and necessary expenses that are directly related to the legal
adoption of a child under 18 years of age, but only if such
adoption is arranged by a State or local government agency which
has responsibility under State or local law for child placement
through adoption or by a nonprofit, voluntary adoption agency
which is authorized by State or local law to place children for
adoption. Such term does not include any expense incurred --
"(A) by an adopting parent for travel; or
"(B) in connection with an adoption arranged in violation of
Federal, State, or local law.
"(2) The term 'reasonable and necessary expenses' includes --
"(A) public and private agency fees, including adoption fees
charged by an agency in a foreign country;
"(B) placement fees, including fees charged adoptive parents
for counseling;
"(C) legal fees (including court costs) in connection with
services that are unavailable to a member of the armed forces
under section 1044 or 1044a of this title; and
"(D) medical expenses, including hospital expenses of the
biological mother of the child to be adopted and of a new-born
infant to be adopted.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1051 the following new
item:
"1052. Reimbursement for adoption expenses.".
(b) CODIFICATION OF PROGRAM FOR COAST GUARD PURPOSES. -- (1) Chapter
13 of title 14, United States Code, is amended by adding at the end the
following new section:
"Section 514. Reimbursement for adoption expenses
"(a) AUTHORIZATION TO REIMBURSE. -- The Secretary shall carry out a
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 in the adoption of a child under 18 years of age.
"(b) ADOPTIONS COVERED. -- An adoption for which expenses may be
reimbursed under this section includes an adoption by a single person,
an infant adoption, an intercountry adoption, and an adoption of a child
with special needs (as defined in section 473(c) of the Social Security
Act (42 U.S.C. 673(c)).
"(c) BENEFITS PAID AFTER ADOPTION IS FINAL. -- Benefits paid under
this section in the case of an adoption may be paid only after the
adoption is final.
"(d) TREATMENT OF OTHER BENEFITS. -- A benefit may not be paid under
this section for any expense paid to or for a member of the Coast Guard
under any other adoption benefits program administered by the Federal
Government or under any such program administered by a State or local
government.
"(e) LIMITATIONS. -- (1) Not more than $2,000 may be paid under this
section to a member of the Coast Guard, or to two such members who are
spouses of each other, for expenses incurred in the adoption of a child.
"(2) Not more than $5,000 may be paid under this section to a member
of the Coast Guard, or to two such members who are spouses of each
other, for adoptions by such member (or members) in any calendar year.
"(f) REGULATIONS. -- The Secretary shall prescribe regulations to
carry out this section.
"(g) DEFINITIONS. -- In this section:
"(1) The term 'qualifying adoption expenses' means reasonable
and necessary expenses that are directly related to the legal
adoption of a child under 18 years of age, but only if such
adoption is arranged by a State or local government agency which
has responsibility under State or local law for child placement
through adoption or by a nonprofit, voluntary adoption agency
which is authorized by State or local law to place children for
adoption. Such term does not include any expense incurred --
"(A) by an adopting parent for travel; or
"(B) in connection with an adoption arranged in violation of
Federal, State, or local law.
"(2) The term 'reasonable and necessary expenses' includes --
"(A) public and private agency fees, including adoption fees
charged by an agency in a foreign country;
"(B) placement fees, including fees charged adoptive parents
for counseling;
"(C) legal fees (including court costs) in connection with
services that are unavailable to a member of the Coast Guard under
section 1044 or 1044a of title 10; and
"(D) medical expenses, including hospital expenses of the
biological mother of the child to be adopted and of a new-born
infant to be adopted.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"514. Reimbursement for adoption expenses.".
(c) EFFECTIVE DATE. -- The amendments "10 USC 1052 note" made by
subsections (a) and (b) shall take effect on the date of the enactment
of this Act and shall apply to adoptions completed on or after that
date.
SEC. 652. INCREASE IN AMOUNT OF DEATH GRATUITY.
(a) INCREASE. -- Section 1478(a) of title 10, United States Code, is
amended --
(1) by striking out "1475-1477" and inserting in lieu thereof
"1475 through 1477"; and
(2) by striking out "equal to six months' pay" and all that
follows through the period in the first sentence and inserting in
lieu thereof "$6,000.".
(b) EFFECTIVE DATE AND TRANSITIONAL PROVISION. -- (1) The amendments
made by subsection "10 USC 1478 note" (a) shall take effect as of August
2, 1990.
(2) In the case of the payment of a death gratuity under sections
1475 through 1477 of title 10, United States Code, with respect to a
person who died during the period beginning on August 2, 1990, and
ending on the date of the enactment of this Act, the amount of the death
gratuity under section 1478(a) of such title (as amended by subsection
(a)) shall be reduced by the amount of any such gratuity paid with
respect to such person under this section (as in effect on August 1,
1990).
SEC. 653. SURVIVOR BENEFIT PLAN.
(a) ADDITIONAL PREMIUM FOR SBP OPEN SEASON ENROLLMENT. -- (1)
Section 1405 of the Military Survivor Benefits Improvement Act of 1989
(title XIV of Public Law 101-189; 103 Stat. 1586; 10 U.S.C. 1448 note)
is amended by adding at the end the following new subsection:
"(j) ADDITIONAL PREMIUM. -- The Secretary of Defense may require
that the SBP premium for a person making an election under subsection
(a)(1) or (b) include, in addition to the amount required under section
1452(a) of title 10, United States Code, an amount determined under
regulations prescribed by the Secretary of Defense for the purposes of
this subsection. Any such amount shall be stated as a percentage of the
base amount of the person making the election and shall reflect the
number of years that have elapsed since the person retired, but may not
exceed 4.5 percent of that person's base amount.".
(2) Section 1406 of such Act "10 USC 1448 note" is amended by adding
at the end the following:
"(4) The term 'SBP premium' means the reduction in retired pay
required as a condition of providing an annuity under the Survivor
Benefit Plan.
"(5) The term 'base amount' has the meaning given that term in
section 1447(2) of title 10, United States Code.".
(b) AMOUNT OF ANNUITY UNDER SUPPLEMENTAL SURVIVOR BENEFIT PLAN. --
(1) Section 1457(b) of title 10, United States Code, is amended by
striking out "20 percent of the base amount under the Survivor Benefit
Plan of the person providing the annuity" and inserting in lieu thereof
"5, 10, 15, or 20 percent of the base amount under the Survivor Benefit
Plan of the person providing the annuity, as specified by that person
when electing to provide the annuity".
(2) Section 1460(b)(2) of such title is amended by inserting before
the period the following: "and, in the case of a person providing a
supplemental spouse annuity computed under section 1457(b) of this
title, a constant percentage of such person's base amount for each 5
percent increment specified in accordance with that section".
(3) The amendments made by this subsection "10 USC 1457 note" shall
take effect on April 1, 1992.
(c) CLARIFICATION THAT MAXIMUM BASIC COVERAGE REQUIRED TO ELECT
SUPPLEMENTAL COVERAGE. -- (1) Section 1458(a)(1) of title 10, United
States Code, is amended by inserting "at the maximum level" after
"Survivor Benefit Plan".
(2) Section 1405 of the Military Survivor Benefits Improvement Act of
1989 (title XIV of Public Law 101-189; 103 Stat. 1586; 10 U.S.C. 1448
note) is amended --
(A) in subsection (a)(2), by inserting "at the maximum level"
after "Survivor Benefit Plan" the first place it appears; and
(B) in subsection (c)(2), by inserting "at the maximum level,
or during the open enrollment period the person increases the
level of such participation to the maximum level under subsection
(b) of this section," after "Survivor Benefit Plan".
SEC. 654. PAYMENT OF SURVIVOR ANNUITY TO A REPRESENTATIVE OF A
LEGALLY INCOMPETENT PERSON.
(a) SURVIVOR BENEFIT PLAN ANNUITY. -- Section 1455 of title 10,
United States Code, is amended --
(1) by inserting "(a)" before "The President"; and
(2) by adding at the end the following new subsections:
"(b) The regulations prescribed pursuant to subsection (a) shall
provide procedures for the payment of an annuity under this subchapter
in the case of --
"(1) a person for whom a guardian or other fiduciary has been
appointed; and
"(2) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has not
been appointed.
"(c) The regulations under subsection (b) may include provisions for
the following:
"(1) In the case of an annuitant referred to in subsection
(b)(1), payment of the annuity to the appointed guardian or other
fiduciary.
"(2) In the case of an annuitant referred to in subsection
(b)(2), payment of the annuity to any person who, in the judgment
of the Secretary concerned, is responsible for the care of the
annuitant.
"(3) Subject to paragraphs (4) and (5), a requirement for the
payee of an annuity to spend or invest the amounts paid on behalf
of the annuitant solely for benefit of the annuitant.
"(4) Authority for the Secretary concerned to permit the payee
to withhold from the annuity payment such amount, not in excess of
4 percent of the annuity, as the Secretary concerned considers a
reasonable fee for the fiduciary services of the payee when a
court appointment order provides for payment of such a fee to the
payee for such services or the Secretary concerned determines that
payment of a fee to such payee is necessary in order to obtain the
fiduciary services of the payee.
"(5) Authority for the Secretary concerned to require the payee
to provide a surety bond in an amount sufficient to protect the
interests of the annuitant and to pay for such bond out of the
annuity.
"(6) A requirement for the payee of an annuity to maintain and,
upon request, to provide to the Secretary concerned an accounting
of expenditures and investments of amounts paid to the payee.
"(7) In the case of an annuitant referred to in subsection
(b)(2) --
"(A) procedures for determining incompetency and for selecting
a payee to represent the annuitant for the purposes of this
section, including provisions for notifying the annuitant of the
actions being taken to make such a determination and to select a
representative payee, an opportunity for the annuitant to review
the evidence being considered, and an opportunity for the
annuitant to submit additional evidence before the determination
is made; and
"(B) standards for determining incompetency, including
standards for determining the sufficiency of medical evidence and
other evidence.
"(8) Provisions for any other matters that the President
considers appropriate in connection with the payment of an annuity
in the case of a person referred to in subsection (b).
"(d) An annuity paid to a person on behalf of an annuitant in
accordance with the regulations prescribed pursuant to subsection (b)
discharges the obligation of the United States for payment to the
annuitant of the amount of the annuity so paid.".
(b) FAMILY PROTECTION PLAN ANNUITY. -- (1) Subchapter I of chapter
73 of title 10, United States Code, is amended by inserting after
section 1444 the following new section:
"Section 1444a. Regulations regarding payment of annuity to a
representative payee
"(a) The regulations prescribed pursuant to section 1444(a) of this
title shall provide procedures for the payment of an annuity under this
subchapter in the case of --
"(1) a person for whom a guardian or other fiduciary has been
appointed; and
"(2) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has not
been appointed.
"(b) Those regulations may include the provisions set out in section
1455(c) of this title.
"(c) An annuity paid to a person on behalf of an annuitant in
accordance with the regulations prescribed pursuant to subsection (a)
discharges the obligation of the United States for payment to the
annuitant of the amount of the annuity so paid.".
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 1444 the
following:
"1444a. Regulations regarding payment of annuity to a representative
payee.".
SEC. 655. WAIVER OF REDUCTION OF RETIRED PAY UNDER SPECIFIED
CONDITIONS.
(a) AMENDMENTS RELATING TO DUAL PAY. -- (1) Section 5532 of title 5,
United States Code, is amended by adding at the end the following:
"(h)(1) If warranted by circumstances described in subsection
(g)(1)(A) or (B) (as applicable), the Director of the Administrative
Office of the United States Courts shall, with respect to an employee in
the judicial branch, have the same waiver authority as would be
available to the Director of the Office of Personnel Management, or a
duly authorized agency head, under subsection (g) with respect to an
employee of an Executive agency.
"(2) Authority under this subsection may not be exercised with
respect to a justice or judge of the United States, as defined in
section 451 of title 28.
"(i)(1) If warranted by circumstances described in subsection
(g)(1)(A) or (B) (as applicable), an official or committee designated in
paragraph (2) shall, with respect to the employees specified in the
applicable subparagraph of such paragraph, have the same waiver
authority as would be available to the Director of the Office of
Personnel Management, or a duly authorized agency head, under subsection
(g) with respect to an employee of an Executive agency.
"(2) Authority under this subsection may be exercised --
"(A) with respect to an employee of an agency in the
legislative branch, by the head of such agency;
"(B) with respect to an employee of the House of
Representatives, by the Speaker of the House of Representatives;
and
"(C) with respect to an employee of the Senate, by the
Committee on Rules and Administration of the Senate.
"(3) Any exercise of authority under this subsection shall be in
conformance with such written policies and procedures as the agency
head, the Speaker of the House of Representatives, or the Committee on
Rules and Administration of the Senate (as applicable) shall prescribe,
consistent with the provisions of this subsection.
"(j) For the purpose of subsections (g) through (i), 'Executive
agency' shall not include the General Accounting Office.".
(2) Section 5531 of title 5, United States Code, is amended --
(A) in paragraph (2) by striking "and" after the semicolon;
(B) in paragraph (3) by striking the period at the end and
inserting a semicolon; and
(C) by adding after paragraph (3) the following:
"(4) 'agency in the legislative branch' means the General
Accounting Office, the Government Printing Office, the Library of
Congress, the Office of Technology Assessment, the Office of the
Architect of the Capitol, the United States Botanic Garden, and
the Congressional Budget Office;
"(5) 'employee of the House of Representatives' means a
congressional employee whose pay is disbursed by the Clerk of the
House of Representatives;
"(6) 'employee of the Senate' means a congressional employee
whose pay is disbursed by the Secretary of the Senate; and
"(7) 'congressional employee' has the meaning given that term
by section 2107 of this title, excluding an employee of an agency
in the legislative branch.".
(b) AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM. --
(1) Section 8344 of title 5, United States Code, is amended by adding at
the end the following:
"(j)(1) If warranted by circumstances described in subsection
(i)(1)(A) or (B) (as applicable), the Director of the Administrative
Office of the United States Courts shall, with respect to an employee in
the judicial branch, have the same waiver authority as would be
available to the Director of the Office of Personnel Management, or a
duly authorized agency head, under subsection (i) with respect to an
employee of an Executive agency.
"(2) Authority under this subsection may not be exercised with
respect to a justice or judge of the United States, as defined in
section 451 of title 28.
"(k)(1) If warranted by circumstances described in subsection
(i)(1)(A) or (B) (as applicable), an official or committee designated in
paragraph (2) shall, with respect to the employees specified in the
applicable subparagraph of such paragraph, have the same waiver
authority as would be available to the Director of the Office of
Personnel Management, or a duly authorized agency head, under subsection
(i) with respect to an employee of an Executive agency.
"(2) Authority under this subsection may be exercised --
"(A) with respect to an employee of an agency in the
legislative branch, by the head of such agency;
"(B) with respect to an employee of the House of
Representatives, by the Speaker of the House of Representatives;
and
"(C) with respect to an employee of the Senate, by the
Committee on Rules and Administration of the Senate.
"(3) Any exercise of authority under this subsection shall be in
conformance with such written policies and procedures as the agency
head, the Speaker of the House of Representatives, or the Committee on
Rules and Administration of the Senate (as applicable) shall prescribe,
consistent with the provisions of this subsection.
"(4) For the purpose of this subsection, 'agency in the legislative
branch', 'employee of the House of Representatives', 'employee of the
Senate', and 'congressional employee' each has the meaning given to it
in section 5531 of this title.
"(l)(1) For the purpose of subsections (i) through (k), 'Executive
agency' shall not include the General Accounting Office.
"(2) An employee as to whom a waiver under subsection (i), (j), or
(k) is in effect shall not be considered an employee for purposes of
this chapter or chapter 84 of this title.".
(2) Section 8344(i)(3) of title 5, United States Code, is repealed.
(c) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
-- (1) Section 8468 of title 5, United States Code, is amended by adding
at the end the following:
"(g)(1) If warranted by circumstances described in subsection
(f)(1)(A) or (B) (as applicable), the Director of the Administrative
Office of the United States Courts shall, with respect to an employee in
the judicial branch, have the same waiver authority as would be
available to the Director of the Office of Personnel Management, or a
duly authorized agency head, under subsection (f) with respect to an
employee of an Executive agency.
"(2) Authority under this subsection may not be exercised with
respect to a justice or judge of the United States, as defined in
section 451 of title 28.
"(h)(1) If warranted by circumstances described in subsection
(f)(1)(A) or (B) (as applicable), an official or committee designated in
paragraph (2) shall, with respect to the employees specified in the
applicable subparagraph of such paragraph, have the same waiver
authority as would be available to the Director of the Office of
Personnel Management, or a duly authorized agency head, under subsection
(f) with respect to an employee of an Executive agency.
"(2) Authority under this subsection may be exercised --
"(A) with respect to an employee of an agency in the
legislative branch, by the head of such agency;
"(B) with respect to an employee of the House of
Representatives, by the Speaker of the House of Representatives;
and
"(C) with respect to an employee of the Senate, by the
Committee on Rules and Administration of the Senate.
"(3) Any exercise of authority under this subsection shall be in
conformance with such written policies and procedures as the agency
head, the Speaker of the House of Representatives, or the Committee on
Rules and Administration of the Senate (as applicable) shall prescribe,
consistent with the provisions of this subsection.
"(4) For the purpose of this subsection, 'agency in the legislative
branch', 'employee of the House of Representatives', 'employee of the
Senate', and 'congressional employee' each has the meaning given to it
in section 5531 of this title.
"(i)(1) For the purpose of subsections (f) through (h), 'Executive
agency' shall not include the General Accounting Office.
"(2) An employee as to whom a waiver under subsection (f), (g), or
(h) is in effect shall not be considered an employee for purposes of
this chapter or chapter 83 of this title.".
(2) Section 8468(f)(3) of title 5, United States Code, is repealed.
(d) REPORTING REQUIREMENT. -- (1) For the purpose of this
subsection, the term "agency in the legislative branch" has the meaning
given such term by section 5531(4) of title 5, "5 USC 5532 note" United
States Code, as amended by subsection (a).
(2) Each agency in the legislative branch shall submit to the Speaker
of the House of Representatives and the Committee on Rules and
Administration of the Senate, for each calendar year, a written report
on how any authority made available as a result of the enactment of this
section was used by such agency during the period covered by such
report.
(3) A report under this subsection --
(A) shall include the number of instances in which each type of
authority was exercised, the circumstances justifying the exercise
of authority, and, unless previously submitted, a description of
the policies and procedures governing each type of authority
exercised; and
(B) shall be submitted not later than 30 days after the end of
the calendar year to which it relates.
SEC. 656. EXPANDED ELIGIBILITY OF CERTAIN HEALTH CARE OFFICERS FOR
CERTAIN SPECIAL PAYS FOR SERVICE IN CONNECTION WITH OPERATION DESERT
STORM.
Section 304(e) of the Persian Gulf Conflict Supplemental
Authorization and Personnel Benefits Act of 1991 (Public Law 102-25;
105 Stat. 81; 37 U.S.C. 302 note) is amended by striking out "November
5, 1990" and inserting in lieu thereof "August 1, 1990".
SEC. 657. INCREASE IN THE AMOUNT OF A CLAIM FOR RECOUPMENT OF
OVERPAYMENTS OF PAY, ALLOWANCES, AND EXPENSES THAT MAY BE WAIVED.
(a) AMENDMENT TO TITLE 5. -- Section 5584(a)(2)(A) of title 5,
United States Code, is amended by striking out "$500" and inserting in
lieu thereof "$1,500".
(b) AMENDMENT TO TITLE 10. -- Section 2774(a)(2)(A) of title 10,
United States Code, is amended by striking out "$500" and inserting in
lieu thereof "$1,500".
(c) AMENDMENT TO TITLE 32. -- Section 716(a)(2)(A) of title 32,
United States Code, is amended by striking out "$500" and inserting in
lieu thereof "$1,500".
SEC. 661. SPECIAL SEPARATION BENEFITS.
(a) REQUIREMENT FOR PROGRAMS. -- (1) Chapter 59 of title 10, United
States Code, is amended by inserting after section 1174 the following
new section:
"Section 1174a. Special separation benefits programs
"(a) REQUIREMENT FOR PROGRAMS. -- The Secretary of each military
department shall carry out a special separation benefits program under
this section. An eligible member of the armed forces may request
separation under the program. The request shall be subject to the
approval of the Secretary.
"(b) BENEFITS. -- Upon the approval of the request of an eligible
member, the member shall --
"(1) be released from active duty or discharged, as the case
may be; and
"(2) be entitled to --
"(A) separation pay equal to 15 percent of the product of (i)
the member's years of active service, and (ii) 12 times the
monthly basic pay to which the member is entitled at the time of
his discharge or release from active duty; and
"(B) the same benefits and services as are provided under
chapter 58 of this title for members of the armed forces who are
involuntarily separated within the meaning of section 1141 of this
title.
"(c) ELIGIBILITY. -- Subject to subsections (d) and (e), a member of
an armed force is eligible for voluntary separation under a program
established for that armed force pursuant to this section if the member
--
"(1) has not been approved for payment of a voluntary
separation incentive under section 1175 of this title;
"(2) has served on active duty for more than 6 years before the
date of the enactment of this section;
"(3) has served on active duty for not more than 20 years;
"(4) has served at least 5 years of continuous active duty
immediately preceding the date of the member's separation from
active duty;
"(5) if a Reserve, is on an active duty list; and
"(6) meets such other requirements as the Secretary may
prescribe, which may include requirements relating to --
"(A) years of service;
"(B) skill or rating;
"(C) grade or rank; and
"(D) remaining period of obligated service.
"(d) PROGRAM APPLICABILITY. -- The Secretary of a military
department may provide for the program under this section to apply to
any of the following members:
"(1) A regular officer or warrant officer of an armed force.
"(2) A regular enlisted member of an armed force.
"(3) A member of an armed force other than a regular member.
"(e) APPLICABILITY SUBJECT TO NEEDS OF THE SERVICE. -- (1) Subject
to paragraphs (2) and (3), the Secretary concerned may limit the
applicability of a program under this section to any category of
personnel defined by the Secretary in order to meet a need of the armed
force under the Secretary's jurisdiction to reduce the number of members
in certain grades, the number of members who have completed a certain
number of years of active service, or the number of members who possess
certain military skills or are serving in designated competitive
categories.
"(2) Any category prescribed by the Secretary concerned for regular
officers, regular enlisted members, or other members pursuant to
paragraph (1) shall be consistent with the categories applicable to
regular officers, regular enlisted members, or other members,
respectively, under the voluntary separation incentive program under
section 1175 of this title or any other program established by law or by
that Secretary for the involuntary separation of such members in the
administration of a reduction in force.
"(3) A member of the armed forces offered a voluntary separation
incentive under section 1175 of this title shall also be offered the
opportunity to request separation under a program established pursuant
to this section. If the Secretary of the military department concerned
approves a request for separation under either such section, the member
shall be separated under the authority of the section selected by such
member.
"(f) APPLICATION REQUIREMENTS. -- (1) In order to be separated under
a program established pursuant to this section --
"(A) a regular enlisted member eligible for separation under
that program shall --
"(i) submit a request for separation under the program before
the expiration of the member's term of enlistment; or
"(ii) upon discharge at the end of such term, enter into a
written agreement (pursuant to regulations prescribed by the
Secretary concerned) not to request reenlistment in a regular
component; and
"(B) a member referred to in subsection (d)(3) eligible for
separation under that program shall submit a request for
separation to the Secretary concerned before the expiration of the
member's established term of active service.
"(2) For purposes of this section, the entry of a member into an
agreement referred to in paragraph (1)(A)(ii) under a program
established pursuant to this section shall be considered a request for
separation under the program.
"(g) OTHER CONDITIONS, REQUIREMENTS, AND ADMINISTRATIVE PROVISIONS.
-- Subsections (e) through (h), other than subsection (e)(2)(A), of
section 1174 of this title shall apply in the administration of programs
established under this section.
"(h) TERMINATION OF PROGRAM. -- (1) Except as provided in paragraph
(2), the Secretary of a military department may not conduct a program
pursuant to this section after September 30, 1995.
"(2) No member of the armed forces may be separated under a program
established pursuant to this section after the date of the termination
of that program.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1174 the following new
item:
"1174a. Special separation benefits programs.".
(b) COMMENCEMENT OF PROGRAMS WITHIN 60 DAYS. -- The Secretary of
each military department shall commence the program required by section
1174a of title 10, "10 USC 1174a note" United States Code (as added by
subsection (a)), not later than 60 days after the date of the enactment
of this Act.
SEC. 662. VOLUNTARY SEPARATION INCENTIVE.
(a) PROGRAM AUTHORIZED. -- (1) Chapter 59 of title 10, United States
Code, as amended by section 661, is further amended by adding at the end
thereof the following new section:
"Section 1175. Voluntary separation incentive
"(a) Consistent with this section and the availability of
appropriations for this purpose, the Secretary of Defense may provide a
financial incentive to members of the armed forces described in
subsection (b) for voluntary appointment, enlistment, or transfer to a
Reserve component, requested and approved under subsection (c), for the
period of time the member serves in a reserve component.
"(b) The Secretary of Defense may provide the incentive to a member
of the armed forces if the member --
"(1) has served on active duty for more than 6 but less than 20
years;
"(2) has served at least 5 years of continuous active duty
immediately preceding the date of separation;
"(3) if a Reserve, is on the active duty list; and
"(4) meets such other requirements as the Secretary may
prescribe from time to time, which may include requirements
relating to --
"(A) years of service;
"(B) skill or rating;
"(C) grade or rank; and
"(D) remaining period of obligated service.
"(c) A member of the armed forces offered a voluntary separation
incentive under this section shall be offered the opportunity to request
separation under a program established pursuant to section 1174a of this
title. If the Secretary of the military department concerned approves a
request for separation under either such section, the member shall be
separated under the authority of the section selected by such member.
"(d)(1) A member of the armed forces described in subsection (b) may
request voluntary appointment, enlistment, or transfer to a reserve
component accompanied by this incentive, provided the member has
completed 6 years of active service prior to the time this provision is
enacted.
"(2) The Secretary, in his discretion, may approve or disapprove a
request according to the needs of the armed forces.
"(3) After September 30, 1995, the Secretary may not approve a
request.
"(e)(1) The annual payment of the incentive shall equal 2.5 percent
of the monthly basic pay the member receives on the date appointed,
enlisted, or transferred to the reserve component, multiplied by twelve
and multiplied again by the member's years of service. The annual
payment will be made for a period equal to the number of years that is
equal to twice the number of years of service of the member.
"(2) A member entitled to voluntary separation incentive payments who
is also entitled to basic pay for active or reserve service, or
compensation for inactive duty training, shall forfeit an amount of
voluntary separation incentive payable for the same period that is equal
to the total amount of basic pay, or compensation, received.
"(3) A member who has received the voluntary separation incentive and
who qualifies for retired or retainer pay under this title shall have
deducted from each payment of such retired or retainer pay so much of
such pay as is based on the service for which he received the voluntary
separation incentive until the total amount deducted equals the total
amount of voluntary separation incentive received.
"(4) A member who is receiving voluntary separation incentive
payments shall not be deprived of this incentive by reason of
entitlement to disability compensation under the laws administered by
the Department of Veterans Affairs, but there shall be deducted from
voluntary separation incentive payments an amount equal to the amount of
any such disability compensation concurrently received. Notwithstanding
the preceding sentence, no deduction may be made from voluntary
separation incentive payments for any disability compensation received
because of an earlier period of active duty if the voluntary separation
incentive is received because of discharge or release from a later
period of active duty.
"(5) The years of service of a member for purposes of this section
shall be computed in accordance with section 1405 of this title.
"(6) Years of service that form the basis of the payment under
paragraph (5) may not be counted in computing eligibility for, or the
amount of, annuities under title 5 or any other law providing annuities
to Federal civilian employees.
"(f) The member's right to incentive payments shall not be
transferable, except that the member may designate beneficiaries to
receive the payments in the event of the member's death.
"(g) Subject to subsection (h), payments under this provision shall
be paid from appropriations available to the Department of Defense.
"(h)(1) There is established on the books of the Treasury a fund to
be known as the 'Voluntary Separation Incentive Fund' (hereinafter in
this subsection referred to as the 'Fund'). The Fund shall be
administered by the Secretary of the Treasury. The Fund shal be used
for the accumulation of funds in order to finance on an actuarially
sound basis the liabilities of the Department of Defense under this
section.
"(2) There shall be deposited in the Fund the following, which shall
constitute the assets of the Fund:
"(A) Amounts paid into the Fund under paragraphs (5), (6), and
(7).
"(B) Any amount appropriated to the Fund.
"(C) Any return on investment of the assets of the Fund.
"(3) All voluntary separation incentive payments made after December
31, 1992, under this section shall be paid out of the Fund. To the
extent provided in appropriation Acts, the assets of the Fund shall be
available to pay voluntary separation incentives under this section.
"(4) The Department of Defense Retirement Board of Actuaries
(hereinafter in this subsection referred to as the 'Board') shall
perform the same functions regarding the Fund, as provided in this
subsection, as such Board performs regarding the Department of Defense
Military Retirement Fund.
"(5) Not later than January 1, 1993, the Board shall determine the
amount that is the present value, as of that date, of the future
benefits payable under this section in the case of persons who are
separated pursuant to this section before that date. The amount so
determined is the original unfunded liability of the Fund. The Board
shall determine an appropriate amortization period and schedule for
liquidation of the original unfunded liability. The Secretary shall
make deposits to the Fund in accordance with that amortization schedule.
"(6) For persons separated under this section on or after January 1,
1993, the Secretary shall deposit in the Fund during the period
beginning on that date and ending on September 30, 1995 --
"(A) such sums as are necessary to pay the current liabilities
under this section during such period; and
"(B) the amount equal to the present value, as of September 30,
1995, of the future benefits payable under this section, as
determined by the Board.
"(7)(A) For each fiscal year after fiscal year 1996, the Board shall
--
"(i) carry out an actuarial valuation of the Fund and determine
any unfunded liability of the Fund which deposits under paragraphs
(5) and (6) do not liquidate, taking into consideration any
cumulative actuarial gain or loss to the Fund;
"(ii) determine the period over which that unfunded liability
should be liquidated; and
"(iii) determine for the following fiscal year, the total
amount, and the monthly amount, of the Department of Defense
contributions that must be made to the Fund during that fiscal
year in order to fund the unfunded liabilities of the Fund over
the applicable amortization periods.
"(B) The Board shall carry out its responsibilities for each fiscal
year in sufficient time for the amounts referred to in subparagraph
(A)(iii) to be included in budget requests for that fiscal year.
"(C) The Secretary of Defense shall pay into the Fund at the end of
each month as the Department of Defense contribution to the Fund the
amount necessary to liquidate unfunded liabilities of the Fund in
accordance with the amortization schedules determined by the Board.
"(8) Amounts paid into the Fund under this subsection shall be paid
from funds available for the pay of members of the armed forces under
the jurisdiction of the Secretary of each military department.
"(9) The investment provisions of section 1467 of this title shall
apply to the Voluntary Separation Incentive Fund.
"(i) The Secretary of Defense may issue such regulations as may be
necessary to carry out this section.".
(2) The table of sections at the beginning of such chapter, as
amended by section 661, is further amended by adding at the end the
following:
"1175. Voluntary separation incentive.".
(b) TAX TREATMENT. -- Notwithstanding the Internal Revenue Code of
1986 and any other provision of law, any voluntary separation incentive
paid to a member of the Armed Forces under section 1175 of title 10, "10
USC 1175 note" United States Code (as added by subsection (a)), shall be
includable in gross income for federal tax purposes only for the taxable
year in which such incentive is paid to the participant or beneficiary
of the member.
SEC. 663. REPORT ON PROGRAMS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the Secretary's
assessment of the effectiveness of the programs established under
sections 1174a "10 USC 1174a note" and 1175 of title 10, United States
Code, as added by sections 661 and 662.
SEC. 664. LIMITED AUTHORITY TO WAIVE END STRENGTHS.
(a) AUTHORITY. -- The Secretary of Defense may increase the end
strength authorized for an armed force for fiscal year 1992 under
section 401(a) by a number not greater than 2 percent of that end
strength if the Secretary determines that it is in the interest of the
United States to do so in order to avoid the necessity of involuntarily
separating personnel of that armed force for the purpose of achieving
that end strength. The authority in the preceding sentence is in
addition to the authority under section 115(c)(1) "10 USC 115 note" of
title 10, United States Code.
(b) FUNDING INCREASED PERSONNEL COSTS. -- (1) To the extent provided
in appropriation Acts, the Secretary may transfer amounts available to
the Department of Defense as necessary to meet increased personnel costs
resulting from the exercise of the authority provided in subsection (a).
(2) The transfer authority provided in paragraph (1) is in addition
to any other transfer authority provided in this or any other Act.
SEC. 701. ESTABLISHMENT OF SUPPLEMENTAL DENTAL BENEFITS PLANS FOR
DEPENDENTS.
(a) AUTHORITY TO ESTABLISH. -- Subsection (a)(1) of section 1076a of
title 10, United States Code, is amended --
(1) by striking out "dental benefit plans" in the first
sentence and inserting in lieu thereof "basic and supplemental
dental benefits plans"; and
(2) by adding at the end the following new sentence: "A member
may not enroll in a supplemental dental benefits plan unless the
member is also a member of a basic dental benefits plan.".
(b) BENEFITS UNDER BASIC AND SUPPLEMENTAL DENTAL PLANS. --
Subsection (d) of such section is amended to read as follows:
"(d) BENEFITS AVAILABLE UNDER PLANS. -- (1) A basic dental benefits
plan established under subsection (a) may provide only the following
benefits:
"(A) Diagnostic, oral examination, and preventative services
and palliative emergency care.
"(B) Basic restorative services of amalgam and composite
restorations and stainless steel crowns for primary teeth, and
dental appliance repairs.
"(2) In addition to the benefits available under a basic dental
benefits plan, a supplemental dental benefits plan established under
subsection (a) may provide such dental care benefits as the Secretary of
Defense, after consultation with the other administering Secretaries,
considers to be appropriate.".
(c) PREMIUM FOR SUPPLEMENTAL PLANS. -- Subsection (b) of such
section is amended --
(1) by inserting "PREMIUMS. -- " after "(b)";
(2) in paragraph (1), by striking out "dental benefit plan" and
inserting in lieu thereof "dental benefits plan";
(3) in paragraph (2), by striking out "a plan under this
section" and inserting in lieu thereof "a basic dental benefits
plan"; and
(4) by adding at the end the following new paragraph:
"(3) A member enrolled in a supplemental dental benefits plan shall
pay a supplemental monthly premium of not more than $15 for the member
and the family of the member. The supplemental monthly premium shall be
in addition to the premium payable under paragraph (2) for the member's
basic dental benefits plan.".
(d) COPAYMENTS. -- Subsection (e) of such section is amended to read
as follows:
"(e) COPAYMENTS. -- (1) A member whose spouse or child receives care
under a basic dental benefits plan shall --
"(A) pay no charge for care described in subsection (d)(1)(A);
and
"(B) pay 20 percent of the charges for care described in
subsection (d)(1)(B).
"(2) A supplemental dental benefits plan may require a member
enrolled in that plan to pay not more than 50 percent of the charges for
orthodontic services, crowns, gold fillings, bridges, or complete or
partial dentures that are received by the spouse or a child of the
member, are covered by that plan, and are not covered by the member's
basic dental benefits plan.".
(e) CLERICAL AMENDMENTS. -- Such section is further amended --
(1) in subsection (a), by inserting "AUTHORITY TO ESTABLISH
PLANS. -- " after "(a)";
(2) in subsection (c), by inserting "DEDUCTION OF PREMIUM FROM
BASIC PAY. -- " after "(c)";
(3) in subsection (f), by inserting "TRANSFER OF MEMBER. -- "
after "(f)";
(4) in subsection (g), by inserting "AUTHORITY SUBJECT TO
APPROPRIATIONS. -- "; and
(5) in subsection (h), by inserting "LIMITATIONS ON
EXPENDITURES. -- " after "(h)".
SEC. 702. HOSPICE CARE.
(a) HOSPICE CARE FOR DEPENDENTS IN FACILITIES OF THE UNIFORMED
SERVICES. -- Section 1077 of title 10, United States Code, is amended
by adding at the end the following new subsection:
"(d)(1) Notwithstanding subsection (b)(1), hospice care may be
provided under section 1076 of this title in facilities of the uniformed
services to a terminally ill patient who chooses (pursuant to
regulations prescribed by the Secretary of Defense in consultation with
the other administering Secretaries) to receive hospice care rather than
continuing hospitalization or other health care services for treatment
of the patient's terminal illness.
"(2) In this section, the term 'hospice care' means the items and
services described in section 1861(dd) of the Social Security Act (42
U.S.C. 1395x(dd)).".
(b) HOSPICE CARE FOR DEPENDENTS UNDER CONTRACTS FOR MEDICAL CARE. --
(1) Subsection (a) of section 1079 of title 10, United States Code, is
amended --
(A) in paragraph (13), by striking out "clause (4)" and
inserting in lieu thereof "paragraph (4)";
(B) by striking out "and" at the end of paragraph (14);
(C) by striking out the period at the end of paragraph (15)(D)
and inserting in lieu thereof "; and"; and
(D) by adding at the end the following new paragraph:
"(16) hospice care may be provided only in the manner and under
the conditions provided in section 1861(dd) of the Social Security
Act (42 U.S.C. 1395x(dd)).".
(2) Subsection (j)(2)(B) of such section is amended by inserting
"hospice program (as defined in section 1861(dd)(2) of the Social
Security Act (42 U.S.C. 1395x(dd)(2))," after "home health agency,".
SEC. 703. BLOOD-LEAD LEVEL SCREENINGS OF DEPENDENT INFANTS OF
MEMBERS OF THE UNIFORMED SERVICES.
Section 1077(a)(8) of title 10, United States Code, is amended by
inserting before the period the following: ", including well-baby care
that includes one screening of an infant for the level of lead in the
blood of the infant".
SEC. 704. EXPANSION OF CHAMPUS COVERAGE TO INCLUDE CERTAIN MEDICARE
PARTICIPANTS.
(a) ELIGIBILITY OF DISABLED PERSONS. -- Section 1086 of title 10,
United States Code, is amended by striking out subsection (d) and
inserting in lieu thereof the following new subsection:
"(d)(1) A person who is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.) is not eligible for health benefits under this section.
"(2) The prohibition contained in paragraph (1) shall not apply in
the case of a person referred to in subsection (c) who --
"(A) is entitled to hospital insurance benefits under part A of
title XVIII of the Social Security Act pursuant to subparagraph
(A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));
"(B) is under 65 years of age; and
"(C) is enrolled in the supplementary medical insurance program
under part B of such title (42 U.S.C. 1395j et seq.).".
"(3) If a person described in paragraph (2) receives medical or
dental care for which payment may be made under both title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) and a plan contracted for
under subsection (a), the amount payable for that care under the plan
may not exceed the difference between --
"(A) the sum of any deductibles, coinsurance, and balance
billing charges that would be imposed on the person if payment for
that care were made solely under that title; and
"(B) the sum of any deductibles, coinsurance, and balance
billing charges that would be imposed on the person if payment for
that care were made solely under the plan.".
(b) CONFORMING AMENDMENTS. -- (1) Such section is further amended --
(A) in subsection (c) --
(i) by striking out "The following" and inserting in lieu
thereof "Except as provided in subsection (d), the following";
and
(ii) by striking out the sentence following paragraph (3); and
(B) in subsection (g), by striking out "Notwithstanding
subsection (d) or any other provision of this chapter," and
inserting in lieu thereof "Section 1079(j) of this title shall
apply to a plan contracted for under this section, except that".
(2) Section 1713(d) of title 38, United States Code, is amended by
striking out "the second sentence of section 1086(c)" and inserting in
lieu thereof "section 1086(d)(1)".
(c) APPLICATION OF AMENDMENTS. -- Subsection (d) of section 1086 of
title 10, "10 USC 1086 note" United States Code, as amended by this
section, shall apply with respect to health care benefits or services
received by a person described in such subsection on or after the date
of enactment of this Act.
SEC. 711. MODIFICATION OF AREA RESTRICTION ON PROVISION OF
NONEMERGENCY INPATIENT HOSPITAL CARE UNDER CHAMPUS.
Section 1079(a)(7) of title 10, United States Code, is amended by
striking out "except that" and all that follows through the semicolon
and inserting in lieu thereof the following: "except that --
"(A) those services may be provided in any case in which
another insurance plan or program provides primary coverage for
those services; and
"(B) the Secretary of Defense may waive the 40-mile radius
restriction with regard to the provision of a particular service
before October 1, 1993, if the Secretary determines that the use
of a different geographical area restriction will result in a more
cost-effective provision of the service;".
SEC. 712. MANAGED HEALTH CARE NETWORKS.
(a) AUTHORIZATION OF SUCH NETWORKS. -- Section 1079 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
"(n) The Secretary of Defense may enter into contracts (or amend
existing contracts) with fiscal intermediaries under which the
intermediaries agree to organize and operate, directly or through
subcontractors, managed health care networks for the provision of health
care under this chapter. The managed health care networks shall include
cost containment methods, such as utilization review and contracting for
care on a discounted basis.".
(b) DELIVERY OF HEALTH CARE SERVICES IN THE TIDEWATER REGION OF
VIRGINIA. -- (1) Using the authority provided in section 1092 of title
10, United States Code, and section 1079(n) of that title (as added by
subsection (a)), the Secretary of Defense shall undertake a program to
provide for the delivery of health care services to members of the Armed
Forces serving on active duty and covered beneficiaries under chapter 55
of that title in the Tidewater region of Virginia. Such program shall
--
(A) incorporate the primary features of managed health care
with cost containment initiatives, including utilization review,
preadmission screening, establishment of provider networks, and
contracting for care with civilian providers on a discounted
basis; and
(B) shall be based on the catchment area management
demonstration projects required by section 731(a) of the National
Defense Authorization Act for Fiscal Years 1988 and 1989 (Public
Law 100-180; 101 Stat. 1117).
(2) The Secretary of Defense shall ensure that --
(A) the delivery of services under the program required by this
subsection begins not later than September 30, 1992; and
(B) all funds appropriated for the delivery of health care
services in the Tidewater region of Virginia, including those
funds appropriated for services provided in that region under
sections 1079 and 1086 of title 10, United States Code, shall be
allocated to the local manager of the program.
SEC. 713. CLARIFICATION OF RESTRICTION ON CHAMPUS AS A SECONDARY
PAYER.
Section 1079(j)(1) of title 10, United States Code, is amended by
inserting ", or covered by," after "person enrolled in".
SEC. 714. CLARIFICATION OF RIGHT OF THE UNITED STATES TO COLLECT
FROM THIRD-PARTY PAYERS.
Section 1095(i)(2) of title 10, United States Code, is amended by
striking out "or no fault insurance".
SEC. 715. STATEMENTS REGARDING THE NONAVAILABILITY OF HEALTH CARE.
(a) CONSIDERATION OF AVAILABILITY OF CONTRACT CARE. -- Chapter 55 of
title 10, United States Code, is amended by adding at the end the
following new section:
"Section 1105. Issuance of nonavailability of health care statements
"In determining whether to issue a nonavailability of health care
statement for any person entitled to health care in facilities of the
uniformed services under this chapter, the commanding officer of such a
facility may consider the availability of health care services for such
person pursuant to any contract or agreement entered into under this
chapter for the provision of health care services within the area served
by that facility.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
"1105. Issuance of nonavailability of health care statements.".
SEC. 716. SUBMITTAL OF CLAIMS FOR PAYMENT FOR SERVICES UNDER
CHAMPUS.
(a) SUBMITTAL OF CLAIMS UNDER CHAMPUS. -- (1) Chapter 55 of title
10, United States Code, is amended by adding after section 1105, as
added by section 715, the following new section:
"Section 1106. Submittal of claims under CHAMPUS
"(a) SUBMITTAL TO CLAIMS PROCESSING OFFICE. -- Each provider of
services under the Civilian Health and Medical Program of the Uniformed
Services shall submit claims for payment for such services directly to
the claims processing office designated pursuant to regulations
prescribed under subsection (b). A claim for payment for services shall
be submitted in a standard form (as prescribed in the regulations) not
later than one year after the services are provided.
"(b) REGULATIONS. -- The regulations required by subsection (a)
shall be prescribed by the Secretary of Defense after consultation with
the other administering Secretaries.
"(c) WAIVER. -- The Secretary of Defense may waive the requirements
of subsection (a) if the Secretary determines that the waiver is
necessary in order to ensure adequate access for covered beneficiaries
to health care services under this chapter.".
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 1105, as added by section
715, the following new item:
"1106. Submittal of claims under CHAMPUS.".
(b) REGULATIONS. -- The regulations required by section 1106 of
title 10, "10 USC 1106 note" United States Code (as added by subsection
(a)), shall be prescribed to take effect not later than 180 days after
the date of the enactment of this Act.
SEC. 717. REPEAL OF REQUIREMENT THAT ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIPS BE TARGETED TOWARD CRITICALLY NEEDED WARTIME SKILLS.
Section 2124 of title 10, United States Code, is amended by striking
out "except that -- " and all that follows through the period and
inserting in lieu thereof "except that the total number of persons so
designated may not, at any time, exceed 6,000.".
SEC. 718. LIMITATION ON REDUCTIONS IN NUMBER OF MEDICAL PERSONNEL OF
THE DEPARTMENT OF DEFENSE.
(a) "10 USC 115 note" REVISION OF EXISTING LIMITATION. -- Section
711 of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1582) is amended --
(1) in subsection (a), by striking out "medical personnel
below" and all that follows through "September 30, 1989," and
inserting in lieu thereof "medical personnel of the Department of
Defense below the baseline number";
(2) in subsection (a)(2), by inserting "medical" after
"military"; and
(3) by adding at the end of subsection (c) the following new
paragraph:
"(3) The term 'baseline number' means the number equal to the
sum of 12,510 and the number of medical personnel of the
Department of Defense serving on September 30, 1989, excluding
commissioned officers of the Navy.".
(b) "10 USC 115 note" MINIMUM NUMBER OF NAVY HEALTH PROFESSIONS
OFFICERS. -- Of the total number of officers authorized to be serving
on active duty in the Navy on the last day of a fiscal year, 12,510
shall be available only for assignment to duties in health profession
specialties.
SEC. 719. EXTENSION OF DEADLINE FOR THE USE OF DIAGNOSIS-RELATED
GROUPS FOR OUTPATIENT TREATMENT.
Section 724 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (103 Stat. 1478; 10 U.S.C. 1101 note) is amended by
striking out "October 1, 1991" and inserting in lieu thereof "October 1,
1993".
SEC. 720. AUTHORIZATION FOR THE USE OF THE COMPOSITE HEALTH CARE
SYSTEM AT A MILITARY MEDICAL FACILITY WHEN COST EFFECTIVE.
Section 704(h) of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99-661; 100 Stat. 3900), as added by section
717(c)(2) of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1586), is amended by striking out
paragraph (1) and inserting in lieu thereof the following new paragraph:
"(1) The Secretary may authorize the use of the Composite Health Care
System to provide information systems support in a military medical
treatment facility that was not involved in the operational test and
evaluation phase referred to in subsection (b) on November 5, 1990, if
the Secretary certifies to the Committees on Armed Services of the
Senate and House of Representatives that the use of the Composite Health
Care System in that facility is the most cost-effective method for
providing automated operations at the facility.".
SEC. 721. "42 USC 248c note" ADMINISTRATION OF THE MANAGED-CARE
MODEL OF UNIFORMED SERVICES TREATMENT FACILITIES.
(a) DESIGNATION OF SATELLITE FACILITIES AS UNIFORMED SERVICES
TREATMENT FACILITIES. -- (1) Subject to paragraph (3), the Secretary of
Defense may designate a satellite facility described in paragraph (2) as
a facility of the uniformed services for the purposes of chapter 55 of
title 10, United States Code.
(2) A satellite facility referred to in paragraph (1) means a
facility that --
(A) is owned, operated, or staffed by a facility described in
section 911(c) of the Military Construction Authorization Act,
1982 (42 U.S.C. 248c(c)); and
(B) pursuant to an agreement entered into with the Secretary of
Defense, is authorized for a designated service area to provide
medical and dental care for persons eligible to receive such care
in facilities of the uniformed services under chapter 55 of title
10, United States Code.
(3) The authority of the Secretary of Defense under paragraph (1)
shall take effect on the date on which the Secretary certifies to
Congress that the managed-care delivery and reimbursement model required
under section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) has been fully
implemented.
(b) TERMINATION OF DESIGNATION. -- The designation of a satellite
facility under subsection (a) may be terminated in accordance with the
procedure provided under section 1252(e) of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d(e)).
(c) REIMBURSEMENT FOR CARE. -- A facility described in section
911(c) of the Military Construction Authorization Act, 1982 (42 U.S.C.
248c(c)), may be reimbursed for medical and dental care provided by that
facility or a satellite facility of that facility designated under
subsection (a) to persons eligible to receive such care in facilities of
the uniformed services under chapter 55 of title 10, United States Code.
The reimbursement shall be made pursuant to an agreement with the
Secretary of Defense as part of the managed-care delivery and
reimbursement model required under section 718(c) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1587).
(d) PREEMPTION OF STATE AND LOCAL LAWS. -- A law or regulation of a
State or local government relating to health insurance or health
maintenance organizations shall not apply to a Uniformed Services
Treatment Facility that enters into an agreement with the Secretary of
Defense under section 718(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) to the extent
that --
(1) the law or regulation is inconsistent with a specific
provision of the agreement or a regulation prescribed by the
Secretary relating to the managed-care delivery and reimbursement
model; or
(2) the Secretary determines that preemption of the law or
regulation is necessary to implement or operate the managed-care
delivery and reimbursement model referred to in that section or to
achieve some other Federal interest.
SEC. 722. AUTHORIZATION FOR THE EXTENSION OF CHAMPUS REFORM
INITIATIVE.
(a) AUTHORITY. -- Upon the termination (for any reason) of the
contract of the Department of Defense in effect on the date of the
enactment of this Act under the CHAMPUS reform initiative established
under section 702 of the National Defense Authorization Act for Fiscal
Year 1987 (10 U.S.C. 1073 note), "10 USC 1073 note" the Secretary of
Defense may enter into a replacement or successor contract with the same
or a different contractor and for such amount as may be determined in
accordance with applicable procurement laws and regulations and without
regard to any limitation (enacted before, on, or after the date of the
enactment of this Act) on the availability of funds for that purpose.
(b) TREATMENT OF LIMITATION ON FUNDS FOR PROGRAM. -- No provision of
law stated as a limitation on the availability of funds may be treated
as constituting the extension of, or as requiring the extension of, any
contract under the CHAMPUS reform initiative that would otherwise expire
in accordance with its terms.
SEC. 731. HEALTH CARE DEMONSTRATION PROJECT FOR THE AREA OF NEWPORT,
RHODE ISLAND.
(a) DEMONSTRATION PROJECT REQUIRED. -- In order to control the cost
of medical care, the Secretary of Defense shall undertake a
demonstration project to provide for the delivery of inpatient medical
services in the Newport, Rhode Island, area to members of the Armed
Forces on active duty and covered beneficiaries under chapter 55 of
title 10, United States Code, based on an external partnership agreement
or agreements with civilian health care facilities and providers. To
the maximum extent possible, the Secretary shall negotiate such
agreements on a discounted basis at rates less than those prescribed for
diagnosis related-groups.
(b) WAIVER OF CHAMPUS COPAYMENT. -- (1) In order to encourage
participation by covered beneficiaries in the demonstration project
required by this section, the Secretary of Defense may permit a health
care facility or provider participating in the project to reduce or
waive the cost-sharing requirements of sections 1079 and 1086 of title
10, United States Code, if the Secretary determines that it is
cost-effective to permit such reduction or waiver.
(2) If a health care facility or provider participating in this
demonstration project reduces or waives cost-sharing requirements for
health care services, the Secretary of Defense may require the facility
or provider to certify that the amount charged to the Federal Government
for such health care was not increased above the amount that the
facility or provider would have charged the Federal Government for such
health care had the payment not been reduced or waived. The Secretary
of Defense may further require a health care facility or provider to
provide information to the Secretary to show the compliance of the
facility or provider with this paragraph.
(c) NEGOTIATIONS REGARDING WAIVER OF MEDICARE COPAYMENTS. -- The
Secretary of Defense shall initiate negotiations with the Secretary of
Health and Human Services for the purpose of reaching an agreement under
which the Secretary of Health and Human Services would permit a waiver
of the deductible and copayment under medicare program for covered
beneficiaries in the demonstration project required by this section on
the same basis as the waiver permitted by the Secretary of Defense.
SEC. 732. DEPENDENCY STATUS OF A MINOR IN THE CUSTODY OF A
NON-PARENT MEMBER OR FORMER MEMBER OF THE ARMED FORCES.
(a) FINDINGS. -- Congress finds the following:
(1) Members and former members of the Armed Forces, for good
and humanitarian reasons or because of a deep sense of familial
responsibility, are taking legal custody of minors (including
minors related to a member or former member by blood or adoption)
who are neglected, abandoned, abused, or orphaned children.
(2) Under current law, unless a minor referred to in paragraph
(1) is also adopted by a member or former member of the Armed
Forces, the minor is not considered a dependent of the member or
former member for purposes of eligibility for care in the military
medical health care system under chapter 55 of title 10, United
States Code, or allowances under chapter 7 of title 37, United
States Code. A compelling reason for the reluctance of many
members and former members to adopt minors referred to in
paragraph (1) is the fact that they are already related by blood
or adoption.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) creative solutions should be found to enable a member or
former member of the Armed Forces who is eligible for military
health care to obtain care in the military medical health care
system for a minor who is in the legal custody of the member or
former member, especially when the minor is related by blood or
adoption to the member or former member; and
(2) the Secretaries of the military departments, in exercising
their authority to grant designee status to a minor to receive
health care at military treatment facilities, should give special
attention and consideration to those cases involving a minor who
is related by blood or adoption to a member or former member of
the Armed Forces and is in the legal custody of the member or
former member.
(c) REPORT. -- (1) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report to
Congress analyzing the desirability, feasibility, and cost implications
of implementing a permanent change to the definition of dependent for
purposes of eligibility for care in the military medical health care
system under chapter 55 of title 10, United States Code, and allowances
under chapter 7 of title 37, United States Code, to include minors who
are in the legal custody of, and related by blood or adoption to, a
member or former member of the Armed Forces and are not currently
included in such definition.
(2) The report required by this section shall also include data
covering the preceding five-year period to indicate the manner in which
the Secretaries of the military departments have handled requests for
designee status for minors who are in the legal custody of a member or
former member of the Armed Forces, including minors related by blood or
adoption to a member or former member, and are otherwise ineligible for
health care in the military medical health care system. Such data shall
include --
(A) the total number of requests for designee status involving
these minors during that period;
(B) the total number of these minors given designee status
during that period; and
(C) the average distance and range of distances that the minors
given designee status must travel for medical and dental care in
the military medical health care system.
(3) The report required by this section shall also include an
assessment by the Secretary of Defense of the necessity, desirability,
and cost implications of designating as dependents for purposes of
eligibility for care in the military medical health care system under
chapter 55 of title 10, United States Code, and allowances under chapter
7 of title 37, United States Code, unmarried persons who --
(A) are in the legal custody of members or former members of
the Armed Forces;
(B) are not considered the dependents of a member or former
member for purposes of eligibility to obtain care in the military
medical health care system or allowances under chapter 7 of title
37, United States Code;
(C) are dependent on the member for half of their support; and
(D) are under 21 years of age, incapable of self support
because of disability, or under 23 years of age and enrolled in a
full-time course of study in an institution of higher education.
(4) The assessment required by paragraph (3) shall include an
estimate of the number of persons referred to in that paragraph who
potentially could be granted dependent status as a result of the change
considered in that assessment and the costs of making that change.
SEC. 733. "10 USC 1071 note" COMPREHENSIVE STUDY OF THE MILITARY
MEDICAL CARE SYSTEM.
(a) REQUIREMENT FOR STUDY AND REPORT. -- The Secretary of Defense
shall conduct a comprehensive study of the military medical care system.
Not later than December 15, 1992, the Secretary shall submit to the
congressional defense committees a detailed accounting on the progress
of the study, including preliminary results of the study. Not later
than December 15, 1993, the Secretary shall submit to the congressional
defense committees a final report on the study.
(b) ELEMENTS OF STUDY. -- The Secretary of Defense shall include as
part of the study required by subsection (a) the following:
(1) A systematic review of the military medical care system
required to support the Armed Forces during a war or other
conflict and any adjustments to that system required to provide
cost-effective health care in peacetime to covered beneficiaries.
(2) A comprehensive review of the existing methods of providing
health and dental care through civilian health and dental care
programs that are available as alternatives to the methods for
providing such care through the existing military medical care
system, including the cost and quality results of experimental use
of such alternative methods by the Secretary and the level of
satisfaction of the persons who have received health or dental
care under such alternative methods.
(c) SURVEY. -- The study required by subsection (a) shall also
include a survey of members of the Armed Forces and covered
beneficiaries in order to --
(1) determine their access to and use of inpatient and
outpatient health care services in the military medical care
system --
(A) by source of care and source of payment, including private
sector health insurance; and
(B) in relation to civilian sector standards established for
particular clinical services; and
(2) determine their attitudes and the extent of their knowledge
regarding --
(A) the quality and availability of health and dental care
under the military medical care system;
(B) their freedom of choice with respect to health care
providers and level of health care benefits;
(C) the premiums, fees, copayments, and other charges imposed
under the military medical care system; and
(D) any changes in the rules, regulations or charges that
characterize the military medical care system.
(d) CONTENT OF REPORT. -- The report required by subsection (a)
shall include with respect to the systematic review of the military
medical care system required under subsection (b)(1) the following:
(1) For each of the fiscal years 1993 through 1997 and over a
longer range periods of 10 years and 15 years, the numbers, types,
and geographic distribution of active duty and civilian personnel
and fixed military treatment facilities needed to support the
Armed Forces during a war or other conflict if such a war or
conflict occurred during such fiscal years and each such period,
respectively.
(2) An analysis of adjustments to the military medical care
system that may be needed to provide cost-effective care in
peacetime to covered beneficiaries, including in the analysis of
cost-effectiveness the following:
(A) The various methods available for providing health and
dental care to covered beneficiaries (including providing such
care through Medicare risk contractors) that exist as alternatives
to the existing methods of providing such care to covered
beneficiaries under the military medical care system.
(B) The full range of marginal costs associated with providing
different clinical services directly in military treatment
facilities and a comparison of the costs of providing such care in
facilities of the uniformed services with the costs of providing
such care pursuant to regional indemnity contract plans and health
maintenance organization contract plans.
(C) Any plans of the Secretary of Defense to increase or reduce
premiums, fees, copayments, or other charges, and the likely
responsiveness of beneficiaries to such changes, including the
"trade-off" factors displayed when covered beneficiaries choose
between direct military care and care provided in the civilian
sector.
(D) Any differences in providing care between covered
beneficiaries who live within 40 miles of military treatment
facilities and covered beneficiaries who live outside such
catchment areas.
(3) An evaluation of the use by covered beneficiaries of
inpatient and outpatient health care services, stated in terms of
use per member and variations in that per member use by armed
force, clinical service, and geographic areas, and a comparison of
that use with utilization in civilian indemnity plans, Blue Cross
and Blue Shield plans, health maintenance organizations, and with
utilization guidelines prepared by the medical community, in order
to --
(A) identify any systematic problems in either the overuse or
underuse of health care services by beneficiaries of the military
medical care system or any excesses or deficiencies in the
availability of health and dental care services in facilities of
the uniformed services;
(B) analyze the relationship between the demand for health care
and the availability of military medical resources; and
(C) plan new methods for influencing or managing peacetime use
of health care services, including redesigned budgetary and
financial incentives and programs of utilization review.
(4) The costs of the present system during fiscal year 1992 and
the projected costs of a reconfigured system during each of the
fiscal years and periods referred to in paragraph (1).
(5) An evaluation of the quality and availability of preventive
health and dental care.
(6) An evaluation of the adequacy of existing regulations to
ensure that the existing and future availability of appropriate
health care for disabled active and reserve members of the Armed
Forces is adequate.
(7) An assessment of the quality and availability of mental
health services for members of the Armed Forces and their
dependents, including a comparison of services available in
various demonstration sites.
(8) An assessment of the qualifications of the personnel
involved in the Department of Defense review of the utilization of
mental health benefits provided under the Civilian Health and
Medical Program of the Uniformed Services.
(9) An evaluation of the efficacy of the actions taken by the
Secretary to ensure that individuals carrying out medical or
financial evaluations under the system make such disclosures of
personal financial matters as are necessary to ensure that
financial considerations do not improperly affect such
evaluations.
(10) An evaluation of the adequacy of the existing appeals
process and of existing procedures to ensure the protection of
patient rights.
(11) The optimal military and Department of Defense civilian
staffing plan for the next five years to achieve the most
cost-effective delivery of health care services to the beneficiary
population and a strategy to achieve that goal in light of
reductions in military spending and the size of the Armed Forces.
(12) Any other information related to the review required by
subsection (b)(1) that the Secretary determines to be appropriate.
(e) ADDITIONAL ITEMS OF REPORTS. -- The report required by
subsection (a) shall also include the following:
(1) The results of the survey conducted pursuant to subsection
(c).
(2) The results of the review conducted pursuant to subsection
(b)(2).
(3) A description of any plans of the Secretary of Defense to
use any alternative methods to the existing military medical care
system to ensure that suitable health and dental care is available
to covered beneficiaries.
(4) A proposal for purchasing health care for covered
beneficiaries through private-sector managed care programs,
together with a discussion of the cost-effectiveness and
practicality of doing so within the military medical care system.
(5) Any other information that the Secretary determines to be
appropriate.
(f) DEFINITIONS. -- For purposes of this section:
(1) The term "military medical care system" means the program
of medical and dental care provided for under chapter 55 of title
10, United States Code.
(2) The term "covered beneficiaries" means the beneficiaries
under chapter 55 of title 10, United States Code, other than the
beneficiaries under section 1074(a) of such title.
SEC. 734. "10 USC 1074 note" REGISTRY OF MEMBERS OF THE ARMED FORCES
EXPOSED TO FUMES OF BURNING OIL IN CONNECTION WITH OPERATION DESERT
STORM.
(a) ESTABLISHMENT OF REGISTRY. -- The Secretary of Defense shall
establish and maintain a special record relating to members of the Armed
Forces who, as determined by the Secretary, were exposed to the fumes of
burning oil in the Operation Desert Storm theater of operations during
the Persian Gulf conflict. The Secretary shall establish the Registry
with the advice of an independent scientific organization.
(b) CONTENTS OF REGISTRY. -- The Registry shall include --
(1) a list containing the name of each member referred to in
subsection (a); and
(2) a description of the circumstances of each exposure of that
member to the fumes of burning oil as described in subsection (a),
including the length of time of the exposure.
(c) REPORTING REQUIREMENT RELATING TO EXPOSURE STUDIES. -- The
Secretary shall submit to Congress each year, at or about the time that
the President's budget is submitted that year under section 1105 of
title 31, United States Code, a report regarding --
(1) the results of all on-going studies on the members referred
to in subsection (a) to determine the health consequences
(including any short- or long-term consequences) of the exposure
of such members to the fumes of burning oil; and
(2) the need for additional studies relating to the exposure of
such members to such fumes.
(d) MEDICAL EXAMINATION. -- Upon the request of any member listed in
the Registry, the Secretary of the military department concerned shall,
if medically appropriate, furnish a pulmonary function examination and
chest x-ray to such person.
(e) EFFECTIVE DATE. -- The Secretary shall establis the Registry not
later than 180 days after the date of the enactment of this Act.
(f) DEFINITIONS. -- For purposes of this section:
(1) The term "Operation Desert Storm" has the meaning given
such term in section 3(1) of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991
(Public Law 102-25; 105 Stat. 77; 10 U.S.C. 101 note).
(2) The term "Persian Gulf conflict" has the meaning given such
term in section 3(3) of such Act.
SEC. 801. REPEAL OF MANPOWER ESTIMATES REPORTING REQUIREMENT.
(a) REPEAL. -- Section 2434 of title 10, United States Code, is
amended by striking out "unless -- " in subsection (a) and all that
follows in that subsection and inserting in lieu thereof the following:
"unless an independent estimate of the cost of the program, together
with a manpower estimate, has been considered by the Secretary.".
(b) CONFORMING AMENDMENTS. -- (1) Section 2434 of such title is
further amended --
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(2) Section 2432 of such title is amended in subsection (a)(4) by
striking out "2434(c)(2)" and inserting in lieu thereof "2434(b)(2)".
SEC. 802. PAYMENT OF COSTS OF CONTRACTORS FOR INDEPENDENT RESEARCH
AND DEVELOPMENT AND FOR BIDS AND PROPOSALS.
(a) IN GENERAL. -- (1) Section 2372 of title 10, United States Code,
is amended to read as follows:
"Section 2372. Independent research and development and bid and
proposal costs: payments to contractors
"(a) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations governing the payment, by the Department of Defense, of
expenses incurred by contractors for independent research and
development and bid and proposal costs.
"(b) COSTS ALLOWABLE AS INDIRECT EXPENSES. -- The regulations
prescribed pursuant to subsection (a) shall provide that independent
research and development and bid and proposal costs shall be allowable
as indirect expenses on covered contracts to the extent that those costs
are allocable, reasonable, and not otherwise unallowable by law or under
the Federal Acquisition Regulation.
"(c) ADDITIONAL CONTROLS. -- Subject to subsection (f), the
regulations prescribed pursuant to subsection (a) may include the
following provisions:
"(1) A limitation on the allowability of independent research
and development and bid and proposal costs to work which the
Secretary of Defense determines is of potential interest to the
Department of Defense.
"(2) For each of fiscal years 1993 through 1995, a limitation
in the case of major contractors that the total amount of the
independent research and development and bid and proposal costs
that are allowable as expenses of the contractor's covered
segments may not exceed the contractor's adjusted maximum
reimbursement amount.
"(3) Implementation of regular methods for transmission --
"(A) from the Department of Defense to contractors, in a
reasonable manner, of timely and comprehensive information
regarding planned or expected Department of Defense future needs;
and
"(B) from contractors to the Department of Defense, in a
reasonable manner, of information regarding progress by the
contractor on the contractor's independent research and
development programs.
"(d) ADJUSTED MAXIMUM REIMBURSEMENT AMOUNT. -- For purposes of
subsection (c)(2), the adjusted maximum reimbursement amount for a major
contractor for a fiscal year is the sum of --
"(1) the total amount of the allowable independent research and
development and bid and proposal costs incurred by the contractor
during the preceding fiscal year;
"(2) 5 percent of the amount referred to in paragraph (1); and
"(3) if the projected total amount of the independent research
and development and bid and proposal costs incurred by the
contractor for such fiscal year is greater than the total amount
of the independent research and development and bid and proposal
costs incurred by the contractor for the preceding fiscal year,
the amount that is determined by multiplying the amount referred
to in paragraph (1) by the lesser of --
"(A) the percentage by which the projected total amount of such
incurred costs for such fiscal year exceeds the total amount of
the incurred costs of the contractor for the preceding fiscal
year; or
"(B) the estimated percentage rate of inflation from the end of
the preceding fiscal year to the end of the fiscal year for which
the amount of the limitation is being computed.
"(e) WAIVER OF ADJUSTED MAXIMUM REIMBURSEMENT AMOUNT. -- The
Secretary of Defense may waive the applicability of any limitation
prescribed under subsection (c)(2) to any contractor for a fiscal year
to the extent that the Secretary determines that allowing the contractor
to exceed the contractor's adjusted maximum reimbursement amount for
such year --
"(1) is necessary to reimburse such contractor at least to the
extent that would have been allowed under regulations as in effect
on the day before the date of the enactment of the National
Defense Authorization Act for Fiscal Years 1992 and 1993; or
"(2) is otherwise in the best interest of the Government.
"(f) LIMITATIONS ON REGULATIONS. -- Regulations prescribed pursuant
to subsection (c) may not include provisions that would infringe on the
independence of a contractor to choose which technologies to pursue in
its independent research and development program.
"(g) ENCOURAGEMENT OF CERTAIN CONTRACTOR ACTIVITIES. -- The
regulations under subsection (a) shall encourage contractors to engage
in research and development activities of potential interest to the
Department of Defense, including activities intended to accomplish any
of the following:
"(1) Enabling superior performance of future United States
weapon systems and components.
"(2) Reducing acquisition costs and life-cycle costs of
military systems.
"(3) Strengthening the defense industrial base and the
technology base of the United States.
"(4) Enhancing the industrial competitiveness of the United
States.
"(5) Promoting the development of technologies identified as
critical under section 2522 of this title.
"(6) Increasing the development and promotion of efficient and
effective applications of dual-use technologies.
"(7) Providing efficient and effective technologies for
achieving such environmental benefits as improved environmental
data gathering, environmental cleanup and restoration, pollution
reduction in manufacturing, environmental conservation, and
environmentally safe management of facilities.
"(h) MAJOR CONTRACTORS. -- A contractor shall be considered to be a
major contractor for the purposes of subsection (c) for any fiscal year
if for the preceding fiscal year the contractor's covered segments
allocated to Department of Defense contracts a total of more than
$10,000,000 in independent research and development and bid and proposal
costs.
"(i) DEFINITIONS. -- In this section:
"(1) COVERED CONTRACT. -- The term 'covered contract' has the
meaning given that term in section 2324(m) of this title.
"(2) COVERED SEGMENT. -- The term 'covered segment', with
respect to a contractor, means a product division of the
contractor that allocated more than $1,000,000 in independent
research and development and bid and proposal costs to Department
of Defense contracts during the preceding fiscal year. In the
case of a contractor that has no product divisions, such term
means the contractor as a whole.".
(2) The item relating to section 2372 in the table of sections at the
beginning of chapter 139 of such title is amended to read as follows:
"2372. Independent research and development and bid and proposal
costs: payments to contractors.".
(b) "10 USC 2372 note" IMPLEMENTING REGULATIONS. -- The Secretary of
Defense shall prescribe proposed regulations to implement the amendment
made by subsection (a)(1) not later than April 1, 1992, and shall
prescribe final regulations for that purpose not later than June 1,
1992.
(c) OTA STUDY. -- The Director of the Office of Technology
Assessment shall conduct a study to determine the effect of the
regulations prescribed under section 2372 of title 10, "10 USC 2372
note" United States Code (as amended by subsection (a)), on the
achievement of the policy stated in subsection (g) of that section. Not
later than December 1, 1995, the Director shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report containing the results of the study.
(d) INTEGRATED FINANCING POLICY. -- Section 2330 of title 10, United
States Code, is amended by inserting at the end of subsection (a)(2) the
following:
"(D) Policies relating to reimbursement of independent research
and development and bid and proposal costs.".
(e) EFFECTIVE DATE. -- The amendments made by this section shall
take effect on October 1, 1992, and shall apply to independent research
and development and bid and proposal costs incurred by a contractor
during fiscal years of that contractor that begin on or after that date.
SEC. 803. RESEARCH AND DEVELOPMENT CONTRACTS.
(a) REPORTING REQUIREMENT. -- (1) Section 2352 of title 10, United
States Code, is amended to read as follows:
"Section 2352. Contracts: notice to Congress required for contracts
performed over period exceeding 10 years
"(a) REQUIREMENT. -- The Secretary of a military department shall
submit to Congress a notice described in subsection (b) with respect to
a contract of that military department for services for research or
development in any case in which --
"(1) the contract is awarded or modified, and the contract is
expected, at the time of the award or as a result of the
modification (as the case may be), to be performed over a period
exceeding 10 years from the date of initial award of the contract;
or
"(2) the performance of the contract continues for a period
exceeding 10 years, and no notice of the type described in
subsection (b) has otherwise been provided to Congress.
"(b) NOTICE. -- The notice required under subsection (a) is a notice
--
(1) identifying the contract;
(2) stating the date on which initial award of the contract
occurred; and
(3) stating the period of time over which performance of the
contract is expected to occur.
"(c) TIME OF SUBMISSION OF NOTICE. -- The notice required under
subsection (a) shall be submitted not later than 30 days after --
"(1) the date of award or modification of the contract, in the
case of a contract described in subsection (a)(1); and
"(2) the date on which performance of the contract exceeds 10
years, in the case of a contract described in subsection (a)(2).".
(2) The item relating to section 2352 in the table of sections at the
beginning of chapter 139 of such title is amended to read as follows:
"2352. Contracts: notice to Congress required for contracts
performed over period exceeding 10 years.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "10 USC
2352 note" shall take effect as of October 31, 1991.
SEC. 804. CLARIFICATION OF REVISED THRESHOLDS FOR CONTRACTOR
CERTIFICATION OF COST OR PRICING DATA.
(a) CLARIFICATION. -- Paragraph (1) of section 2306a(a) of title 10,
United States Code, is amended to read as follows:
"(1) The head of an agency shall require offerors, contractors, and
subcontractors to make cost or pricing data available as follows:
"(A) An offeror for a prime contract under this chapter to be
entered into using procedures other than sealed-bid procedures
shall be required to submit cost or pricing data before the award
of a contract if --
"(i) in the case of a prime contract entered into after
December 5, 1990, and before January 1, 1996, the price of the
contract to the United States is expected to exceed $500,000; and
"(ii) in the case of a prime contract entered into on or before
December 5, 1990, or after December 31, 1995, the price of the
contract to the United States is expected to exceed $100,000.
"(B) The contractor for a prime contract under this chapter
shall be required to submit cost or pricing data before the
pricing of a change or modification to the contract if --
"(i) in the case of a change or modification made to a prime
contract referred to in subparagraph (A)(i), the price adjustment
is expected to exceed $500,000;
"(ii) in the case of a change or modification made after
December 5, 1991, to a prime contract that was entered into on or
before December 5, 1990, and that has been modified pursuant to
paragraph (6), the price adjustment is expected to exceed
$500,000; and
"(iii) in the case of a change or modification not covered by
clause (i) or (ii), the price adjustment is expected to exceed
$100,000.
"(C) An offeror for a subcontract (at any tier) of a contract
under this chapter shall be required to submit cost or pricing
data before the award of the subcontract if the prime contractor
and each higher-tier subcontractor have been required to make
available cost or pricing data under this section and --
"(i) in the case of a subcontract under a prime contract
referred to in subparagraph (A)(i), the price of the subcontract
is expected to exceed $500,000;
"(ii) in the case of a subcontract entered into after December
5, 1991, under a prime contract that was entered into on or before
December 5, 1990, and that has been modified pursuant to paragraph
(6), the price of the subcontract is expected to exceed $500,000;
and
"(iii) in the case of a subcontract not covered by clause (i)
or (ii), the price of the subcontract is expected to exceed
$100,000.
"(D) The subcontractor for a subcontract covered by
subparagraph (C) shall be required to submit cost or pricing data
before the pricing of a change or modification to the subcontract
if --
"(i) in the case of a change or modification to a subcontract
referred to in subparagraph (C)(i) or (C)(ii), the price
adjustment is expected to exceed $500,000; and
"(ii) in the case of a change or modification to a subcontract
referred to in subparagraph (C)(iii), the price adjustment is
expected to exceed $100,000.".
(b) MODIFICATIONS TO CONTRACTS. -- Section 2306a(a) is further
amended by adding at the end the following new paragraph:
"(6)(A) Upon the request of a contractor that was required to submit
cost or pricing data under paragraph (1) in connection with a prime
contract entered into on or before December 5, 1990, the head of the
agency that entered into such contract shall modify the contract to
reflect subparagraphs (B)(ii) and (C)(ii) of paragraph (1). All such
modifications shall be made without requiring consideration.
"(B) The head of an agency is not required to modify a contract under
subparagraph (A) if that head of an agency determines that the
submission of cost or pricing data with respect to that contract should
be required under subsection (c).".
(c) CONFORMING AMENDMENT AND REPEAL. -- (1) Paragraph (5) of section
2306a(a) is amended by striking out "paragraph (1)(C)(ii)" and inserting
in lieu thereof "paragraph (1)(C)".
(2) Paragraph (2) of section 803(a) "10 USC 2306a note" of Public Law
101-510 (as amended by section 704(a)(4) of Public Law 102-25) is hereby
repealed.
SEC. 805. PROCUREMENT FLEXIBILITY FOR SMALL PURCHASES DURING
CONTINGENCY OPERATIONS.
Section 2302(7) of title 10, United States Code, is amended by
inserting before the period the following: ", except that, in the case
of any contract to be awarded and performed, or purchase to be made,
outside the United States in support of a contingency operation, the
term means $100,000".
SEC. 806. "10 USC 2301 note" PAYMENT PROTECTIONS FOR SUBCONTRACTORS
AND SUPPLIERS.
(a) REGULATIONS. -- The Secretary of Defense shall prescribe in
regulations the following requirements:
(1) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELATING TO
PAYMENT. -- (A) Subject to section 552(b)(1) of title 5, United
States Code, upon the request of a subcontractor or supplier of a
contractor performing a Department of Defense contract, the
Department of Defense shall promptly make available to such
subcontractor or supplier the following information:
(i) Whether requests for progress payments or other payments
have been submitted by the contractor to the Department of Defense
in connection with that contract.
(ii) Whether final payment to the contractor has been made by
the Department of Defense in connection with that contract.
(B) This paragraph shall apply with respect to any Department
of Defense contract that is in effect on the date which is 270
days after the date of enactment of this Act or that is awarded
after such date.
(2) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELATING TO
PAYMENT BONDS. -- (A) Upon the request of a subcontractor or
supplier described in subparagraph (B), the Department of Defense
shall promptly make available to such subcontractor or supplier
any of the following:
(i) The name and address of the surety or sureties on the
payment bond.
(ii) The penal amount of the payment bond.
(iii) A copy of the payment bond.
(B) Subparagraph (A) applies to --
(i) a subcontractor or supplier having a subcontract, purchase
order, or other agreement to furnish labor or material for the
performance of a Department of Defense contract with respect to
which a payment bond has been furnished to the United States
pursuant to the Miller Act; and
(ii) a prospective subcontractor or supplier offering to
furnish labor or material for the performance of such a Department
of Defense contract.
(C) With respect to the information referred to in
subparagraphs (A)(i) and (A)(ii), the regulations shall include
authority for such information to be provided verbally to the
subcontractor or supplier.
(D) With respect to the information referred to in subparagraph
(A)(iii), the regulations may impose reasonable fees to cover the
cost of copying and providing requested bonds.
(E) This paragraph shall apply with respect to any Department
of Defense contract covered by the Miller Act that is in effect on
the date which is 270 days after the date of enactment of this Act
or that is awarded after such date.
(3) INFORMATION PROVIDED BY CONTRACTORS RELATING TO PAYMENT
BONDS. -- (A) Upon the request of a prospective subcontractor or
supplier offering to furnish labor or material for the performance
of a Department of Defense contract with respect to which a
payment bond has been furnished to the United States pursuant to
the Miller Act, the contractor shall promptly make available to
such prospective subcontractor or supplier a copy of the payment
bond.
(B) This paragraph shall apply with respect to any Department
of Defense contract covered by the Miller Act for which a
solicitation is issued after the expiration of the 60-day period
beginning on the effective date of the regulations promulgated
under this subsection.
(4) PROCEDURES RELATING TO COMPLIANCE WITH PAYMENT TERMS. --
(A) Under procedures established in the regulations, upon the
assertion by a subcontractor or supplier of a contractor
performing a Department of Defense contract that the subcontractor
or supplier has not been paid by the prime contractor in
accordance with the payment terms of the subcontract, purchase
order, or other agreement with the prime contractor, the
contracting officer may determine the following:
(i) With respect to a construction contract, whether the
contractor has made progress payments to the subcontractor or
supplier in compliance with chapter 39 of title 31, United States
Code.
(ii) With respect to a contract other than a construction
contract, whether the contractor has made progress or other
payments to the subcontractor or supplier in compliance with the
terms of the subcontract, purchase order, or other agreement with
the prime contractor.
(iii) With respect to either a construction contract or a
contract other than a construction contract, whether the
contractor has made final payment to the subcontractor or supplier
in compliance with the terms of the subcontract, purchase order,
or other agreement with the prime contractor.
(iv) With respect to either a construction contract or a
contract other than a construction contract, whether any
certification of payment of the subcontractor or supplier
accompanying the contractor's payment request to the Government is
accurate.
(B) If the contracting officer determines that the prime
contractor is not in compliance with any matter referred to in
clause (i), (ii), or (iii) of subparagraph (A), the contracting
officer may, under procedures established in the regulations --
(i) encourage the prime contractor to make timely payment to
the subcontractor or supplier; or
(ii) reduce or suspend progress payments with respect to
amounts due to the prime contractor.
(C) If the contracting officer determines that a certification
referred to in clause (iv) of subparagraph (A) is inaccurate in
any material respect, the contracting officer shall, under
procedures established in the regulations, initiate appropriate
administrative or other remedial action.
(D) This paragraph shall apply with respect to any Department
of Defense contract that is in effect on the date of promulgation
of the regulations under this subsection or that is awarded after
such date.
(b) REGULATIONS DEADLINES. -- (1) The Secretary of Defense shall
publish proposed regulations under subsection (a) not later than 180
days after the date of the enactment of this Act.
(2) The Secretary of Defense shall publish final regulations under
subsection (a) not later than 270 days after the date of the enactment
of this Act.
(c) GOVERNMENT-WIDE APPLICABILITY AUTHORIZED. -- If the Federal
Acquisition Regulatory Council (established by section 25(a) of the
Office of Federal Procurement Policy Act) determines that it would be
more appropriate for the requirements described in subsection (a) to
apply Government-wide, the regulations required by subsection (a) may be
prescribed as modifications to 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)).
(d) ASSISTANCE TO SMALL BUSINESS CONCERNS. -- Paragraph (5) of
section 15(k) of the Small Business Act (15 U.S.C. 644(k)(5)) is amended
to read as follows:
"(5) assist small business concerns to obtain payments,
required late payment interest penalties, or information regarding
payments due to such concerns from an executive agency or a
contractor, in conformity with chapter 39 of title 31, United
States Code, or any other protection for contractors or
subcontractors (including suppliers) that is included in the
Federal Acquisition Regulation or any individual agency supplement
to such Government-wide regulation;".
(e) GAO REPORT. -- (1) The Comptroller General of the United States
shall conduct an assessment of the matters described in paragraph (2)
and submit a report pursuant to paragraph (3).
(2) In addition to such other related matters as the Comptroller
General considers appropriate, the matters to be assessed pursuant to
paragraph (1) are the following:
(A) Timely payment of progress or other periodic payments to
subcontractors and suppliers by prime contractors on Federal
contracts by --
(i) identifying all existing statutory and regulatory
provisions, categorized by types of contracts covered by such
provisions;
(ii) evaluating the feasibility and desirability of requiring
that a prime contractor (other than a construction prime
contractor subject to the provisions of sections 3903(b) and 3905
of title 31, United States Code) be required to --
(I) include in its subcontracts a payment term requiring
payment within 7 days (or some other fixed term) after receiving
payment from the Government; and
(II) submit with its payment request to the Government a
certification that it has timely paid its subcontractors in
accordance with their subcontracts from funds previously received
as progress payments and will timely make required payments to
such subcontractors from the proceeds of the progress payment
covered by the certification;
(iii) evaluating the feasibility and desirability of requiring
that all prime contractors (other than a construction prime
contractor subject to the provisions of sections 3903(b) and 3905
of title 31, United States Code) furnish with its payment request
to the Government proof of payment of the amounts included in such
payment request for payments made to subcontractors and suppliers;
(iv) evaluating the feasibility and desirability of requiring a
prime contractor to establish an escrow account at a federally
insured financial institution and requiring direct disbursements
to subcontractors and suppliers of amounts certified by the prime
contractor in its payment request to the Government as being
payable to such subcontractors and suppliers in accordance with
their subcontracts; and
(v) evaluating the feasibility and desirability of requiring
direct disbursement of amounts certified by a prime contractor as
being payable to its subcontractors and suppliers in accordance
with their subcontracts (using techniques such as joint payee
checks, escrow accounts, or direct payment by the Government), if
the contracting officer has determined that the prime contractor
is failing to make timely payments to its subcontractors and
suppliers.
(B) Payment protection of subcontractors and suppliers through
the use of payment bonds or alternatives methods by --
(i) evaluating the effectiveness of the modifications to part
28.2 of the Federal Acquisition Regulation Part 28.2 (48 C.F.R.
28.200) relating to the use of individual sureties, which became
effective February 26, 1990;
(ii) evaluating the effectiveness of requiring payment bonds
pursuant to the Miller Act as a means of affording protection to
construction subcontractors and suppliers relating to receiving --
(I) timely payment of progress payments due in accordance with
their subcontracts; and
(II) ultimate payment of such amounts due;
(iii) evaluating the feasibility and desirability of increasing
the payment bond amounts required under the Miller Act from the
current maximum amounts to an amount equal to 100 percent of the
amount of the contract;
(iv) evaluating the feasibility and desirability of requiring
payment bonds for supply and services contracts (other than
construction), and, if feasible and desirable, the amounts of such
bonds; and
(v) evaluating the feasibility and desirability of using
letters of credit issued by federally insured financial
institutions (or other alternatives) as substitutes for payment
bonds in providing payment protection to subcontractors and
suppliers on construction contracts (and other contracts).
(C) Any evaluation of feasibility and desirability carried out
pursuant to subparagraph (A) or (B) shall include the
appropriateness of --
(i) any differential treatment of, or impact on, small business
concerns as opposed to concerns other than small business
concerns;
(ii) any differential treatment of subcontracts relating to
commercial products entered into by the contractor in furtherance
of its non-Government business, especially those subcontracts
entered into prior to the award of a contract by the Government;
and
(iii) extending the protections regarding payment to all tiers
of subcontractors or restricting them to first-tier subcontractors
and direct suppliers.
(3) The report required by paragraph (1) shall include a description
of the results of the assessment carried out pursuant to paragraph (2)
and may include recommendations pertaining to any of the following:
(A) Statutory and regulatory changes providing payment
protections for subcontractors and suppliers (other than a
construction prime contractor subject to the provisions of
sections 3903(b) and 3905 of title 31, United States Code) that
the Comptroller General believes to be desirable and feasible.
(B) Proposals to assess the desirability and utility of a
specific payment protection on a test basis.
(C) Such other recommendations as the Comptroller General
considers appropriate in light of the matters assessed pursuant to
paragraph (2).
(4) The report required by paragraph (1) shall be submitted not later
than by February 1, 1993, to the Committees on Armed Services and on
Small Business of the Senate and House of Representatives.
(f) INSPECTOR GENERAL REPORT. -- (1) The Inspector General of the
Department of Defense shall submit to the Secretary of Defense a report
on payment protections for subcontractors and suppliers under contracts
entered into with the Department of Defense. The report shall include
an assessment of the extent to which available judicial and
administrative remedies, as well as suspension and debarment procedures,
have been used (or recommended for use) by officials of the Department
to deter false statements relating to (A) payment bonds provided by
individuals pursuant to the Miller Act, and (B) certifications
pertaining to payment requests by construction contractors pursuant to
section 3903(b) of title 31, United States Code. The assessment shall
cover actions taken during the period beginning on October 1, 1989, and
ending on September 30, 1992.
(2) The report required by paragraph (1) shall be submitted to the
Secretary of Defense not later than March 1, 1993. The report may
include recommendations by the Inspector General on ways to improve the
effectiveness of existing methods of preventing false statements.
(g) MILLER ACT DEFINED. -- For purposes of this section, the term
"Miller Act" means the Act of August 24, 1935 (40 U.S.C. 270a-270d).
SEC. 807. GOVERNMENT-INDUSTRY COMMITTEE ON RIGHTS IN TECHNICAL DATA.
(a) REGULATIONS. -- (1) Not later than September 15, 1992, the
Secretary of Defense shall prescribe final regulations required by
subsection (a) of section 2320 of title 10, "10 USC 2320 note" United
States Code, that supersede the interim regulations prescribed before
the date of the enactment of this Act for the purposes of that section.
(2) In prescribing such regulations, the Secretary shall give
thorough consideration to the recommendations of the government-industry
committee appointed pursuant to subsection (b).
(3) Not less than 30 days before prescribing such regulations, the
Secretary shall --
(A) transmit to the Committees on Armed Services of the Senate
and House of Representatives a report containing such regulations,
the recommendations of the committee, and any matters required by
subsection (b)(4); and
(B) publish such regulations for comment in the Federal
Register.
(4) The regulations shall apply to contracts entered into on or after
November 1, 1992, or, if provided in the regulations, an earlier date.
The regulations may be applied to any other contract upon the agreement
of the parties to the contract.
(b) GOVERNMENT-INDUSTRY COMMITTEE. -- (1) Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall appoint a government-industry committee for the purpose of
developing regulations to recommend to the Secretary of Defense for
purposes of carrying out subsection (a).
(2) The membership of the committee shall include, at a minimum,
representatives of the following:
(A) The Under Secretary of Defense for Acquisition.
(B) The acquisition executives of the military departments.
(C) Prime contractors under major defense acquisition programs.
(D) Subcontractors and suppliers under major defense
acquisition programs.
(E) Contractors under contracts other than contracts under
major defense acquisition programs.
(F) Subcontractors and suppliers under contracts other than
contracts under major defense acquisition programs.
(G) Small businesses.
(H) Contractors and subcontractors primarily involved in the
sale of commercial products to the Department of Defense.
(I) Contractors and subcontractors primarily involved in the
sale of spare or repair parts to the Department of Defense.
(J) Institutions of higher education.
(3) Not later than June 1, 1992, the committee shall submit to the
Secretary a report containing the following matters:
(A) Proposals for the regulations to be prescribed by the
Secretary pursuant to subsection (a).
(B) Proposed legislation that the committee considers necessary
to achieve the purposes of section 2320 of title 10, United States
Code.
(C) Any other recommendations that the committee considers
appropriate.
(4) If the Secretary omits from the regulations prescribed pursuant
to subsection (a) any regulation proposed by the advisory committee, any
regulation proposed by a minority of the committee in any minority
report accompanying the committee's report, or any part of such a
proposed regulation, the Secretary shall set forth his reasons for each
such omission in the report submitted to Congress pursuant to subsection
(a)(3)(A).
(c) RESTRICTION. -- (1) Before the date described in paragraph (2),
the Secretary may not revise or supersede the interim regulations
implementing section 2320 of title 10, United States Code, prescribed
before the date of the enactment of this Act, except to the extent
required by law or necessitated by urgent and unforeseen circumstances
affecting the national defense.
(2) The date referred to in paragraph (1) is the date 30 days
following the date on which the report required by subsection (a)(3) is
transmitted to the Committees on Armed Services of the Senate and House
of Representatives.
(d) DEFINITION. -- In this section, the term "major defense
acquisition program" has the meaning given such term by section 2430 of
title 10, United States Code.
SEC. 808. "10 USC 2320 note" CONTROL OF GOVERNMENT PERSONNEL WORK
PRODUCT.
(a) REQUIREMENT. -- The Secretary of Defense shall prescribe
regulations to ensure that --
(1) a Department of Defense employee or member of the armed
forces with an appropriate security clearance who is engaged in
oversight of an acquisition program of the Department of Defense
(including a program involving highly sensitive information)
maintains control of the employee's or member's work product; and
(2) procedures for protecting unauthorized disclosure of
classified information by contractors do not require such an
employee or member to reliquish control of his or her work product
to any such contractor.
(b) REGULATIONS. -- The Secretary of Defense shall prescribe the
regulations required by subsection (a) not later than 120 days after the
date of the enactment of this Act.
(c) SUNSET. -- This section shall cease to be effective on September
30, 1992.
SEC. 809. STATUS OF THE DIRECTOR OF DEFENSE PROCUREMENT.
For the purposes of the amendment made by section 807 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1593) to section 25(b)(2) of the Office of Federal Procurement
Policy Act (41 U.S.C. 421(b)(2)), "41 USC 421 note" the Director of
Defense Procurement of the Department of Defense shall be considered to
be an official at an organizational level of an Assistant Secretary of
Defense within the Office of the Under Secretary of Defense for
Acquisition.
SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) AVAILABILITY OF AUTHORIZED APPROPRIATIONS. -- Of the amounts
authorized to be appropriated pursuant to section 301 for Defense
Agencies for fiscal years 1992 and 1993 for operation and maintenance,
$9,000,000 shall be available for each such fiscal year for carrying out
the provisions of chapter 142 of title 10, United States Code.
(b) SPECIFIC PROGRAMS. -- Of the amounts provided for in subsection
(a), $600,000 shall be available for each of fiscal years 1992 and 1993
for the purpose of carrying out programs sponsored by eligible entities
referred to in subparagraph (D) of section 2411(1) of title 10, United
States Code, that provide procurement technical assistance in distressed
areas referred to 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 made available in accordance with 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.
SEC. 812. DEFENSE RESEARCH BY HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
(a) FUNDING. -- Of the amounts authorized to be appropriated for
fiscal years 1992 and 1993 pursuant to title II of this Act, $15,000,000
shall be available for each such fiscal year for infrastructure
assistance to historically Black colleges and universities and minority
institutions under section 1207(c)(3) of the National Defense
Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note).
(b) REGULATIONS. -- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall publish for public
comment procedures and regulations for providing assistance referred to
in paragraph (1). The Secretary shall promulgate final regulations for
providing such assistance not later than 270 days after the date of the
enactment of this Act.
SEC. 813. REAUTHORIZATION OF BOND WAIVER TEST PROGRAM.
(a) AUTHORITY. -- (1) In the award of construction contracts by the
Department of Defense to participants in the Minority Small Business and
Capital Ownership Development Program of the Small Business
Administration, the Secretary of Defense may exercise the authority to
grant surety bond exemptions to such participants provided by section
7(j)(13)(D) of the Small Business Act (15 U.S.C. 636(j)(13)(D)) "15 USC
636 note". In any case in which the Secretary exercises such authority,
the Secretary may award a construction contract directly to a
participant in such program, without approval by or consultation with
the Small Business Administration.
(2) In exercising the authority provided by paragraph (1), the
Secretary of Defense shall make every reasonable effort to award not
fewer than 30 contracts for construction projects (including repair and
alteration of existing facilities) during each fiscal year.
(b) DELEGATION OF AUTHORITY. -- The Secretary of Defense shall
delegate to one or more Secretaries of a military department the
authority provided by subsection (a)(1).
(c) NO RIGHT OF ACTION AGAINST THE UNITED STATES. -- A dispute
between a contractor granted a surety bond exemption pursuant to section
7(j)(13)(D) of the Small Business Act and a subcontractor at any tier or
a supplier of such contractor relating to the amount or entitlement of a
payment due such subcontractor or supplier does not constitute a dispute
to which the United States is a party. The United States may not be
interpleaded in any judicial or administrative proceeding involving such
a dispute.
(d) REGULATIONS. -- The Secretary of Defense shall prescribe final
regulations and procedures for exercising the authority provided in this
section not later than 270 days after the date of the enactment of this
Act.
(e) PROGRAM DURATION. -- The authority provided by this section
shall apply to contracts awarded before October 1, 1994.
(f) CONFORMING REPEAL. -- Section 833 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1509; 15 U.S.C. 636 note) is hereby repealed.
SEC. 814. PILOT MENTOR-PROTEGE PROGRAM.
(a) FUNDING. -- Of the amounts authorized to be appropriated for
fiscal years 1992 and 1993 pursuant to title I of this Act, $30,000,000
shall be available for each such fiscal year for the pilot
Mentor-Protege Program established pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1607).
(b) PILOT MENTOR-PROTEGE PROGRAM IMPROVEMENTS. -- (1) Section 831(g)
of the National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 140 Stat. 1609) "10 USC 2301 note" is amended by striking
out paragraph (2) and inserting in lieu thereof the following:
"(2)(A) The Secretary of Defense shall provide to a mentor firm
reimbursement for the costs of the assistance furnished to a protege
firm pursuant to paragraphs (1) and (7) of subsection (f). The
Secretary shall ensure that the reimbursement is provided for --
"(i) as a line item in a Department of Defense contract under
which the mentor firm is furnishing products or services to the
Department, subject to a maximum amount of reimbursement specified
in such contract;
"(ii) as a reimbursement of indirect costs incurred under the
program which have been assigned to indirect cost pools, to the
extent that such assigned costs are otherwise reasonable,
allocable, and allowable;
"(iii) in a separate contract, cooperative agreement, or other
agreement entered into between the Secretary and the mentor firm
for the purpose of providing reimbursement of costs incurred under
the program, subject to a maximum amount of reimbursement
specified in such contract or agreement; or
"(iv) through a combination of the methods of reimbursement
described in clauses (i), (ii), and (iii), but only if the mentor
firm has an accounting system and controls adequate to assure
proper identification and assignment of program costs to
appropriate direct and indirect cost accounts.
"(B) The Secretary and a mentor firm may provide for the allocation
of such costs to any Department of Defense contract awarded to the
mentor firm.".
(2) Section 831(g) of such Act is further amended in paragraph (3)(A)
--
(A) by striking out "paragraph (2) may" and inserting "either
subparagraph (A) or (C) of paragraph (2) or are reimbursed
pursuant to subparagraph (B) of such paragraph shall";
(B) by inserting after "a Department of Defense contract" the
following: ", under a contract with another executive agency,";
and
(C) by striking out "Executive" and inserting in lieu thereof
"executive".
(3) Section 831 of such Act is amended by adding at the end the
following new subsection:
"(n) AVAILABILITY OF FUNDING. -- Funds authorized and appropriated
to carry out the program shall remain available until September 30,
1999.".
(4) Section 831(k) of such Act is amended by adding at the end the
following: "The Secretary shall ensure that the Department of Defense
policy regarding the pilot Mentor-Protege Program, dated July 30, 1991
(and any successor policy), is published and maintained in the Code of
Federal Regulations.".
(c) CONFORMING AMENDMENT. -- Section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) is amended by adding at the end the following new
paragraph:
"(12) For purposes of determining the attainment of a subcontract
utilization goal under any subcontracting plan entered into with any
executive agency pursuant to this subsection, a mentor firm providing
development assistance to a protege firm under the pilot Mentor-Protege
Program established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2301 note) shall be granted credit for such assistance in accordance
with subsection (g) of such section.".
SEC. 821. DEVELOPMENT OF CRITICAL TECHNOLOGIES.
(a) ENACTMENT OF NEW TITLE 10 CHAPTER FOR CRITICAL TECHNOLOGY
PROVISIONS. -- Part IV of subtitle A of title 10, United States Code,
is amended by inserting after chapter 149 the following new chapter 150:
"Sec.
"2521. Definitions.
"2522. Annual defense critical technologies plan.
"2523. Defense dual-use critical technology partnerships.
"2524. Critical technology application centers assistance program.
"2525. Office for Foreign Defense Critical Technology Monitoring and
Assessment.
"2526. Overseas foreign critical technology monitoring and
assessment financial assistance program.
"Section 2521. Definitions
"In this chapter:
"(1) The terms 'Federal laboratory' and 'laboratory' have the
meaning given the term 'laboratory' in section 12(d)(2) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(2)).
"(2) The term 'critical technology' means a technology that is
--
"(A) a national critical technology; or
"(B) a defense critical technology.
"(3) The term 'national critical technology' means a technology
that --
"(A) appears on the list of national critical technologies
contained in a biennial report on national critical technologies
submitted to Congress by the President pursuant to section 603(d)
of the National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683(d)); and
"(B) has not been expressly deleted from such list by such a
report subsequently submitted to Congress by the President.
"(4) The term 'defense critical technology' means a technology
that --
"(A) appears on the list of critical technologies contained in
an annual defense critical technologies plan submitted to Congress
by the Secretary of Defense pursuant to section 2522 of this
title; and
"(B) has not been expressly deleted from such list by such a
plan subsequently submitted to Congress by the Secretary.
"(5) The term 'dual-use critical technology' means a critical
technology that has military applications and nonmilitary
commercial applications.
"(6) The term 'eligible firm' means a company or other business
entity that, as determined by the Secretary of Commerce --
"(A) conducts a significant level of its research, development,
engineering, and manufacturing activities in the United States;
and
"(B) is a company or other business entity the majority
ownership or control of which is by United States citizens or is a
company or other business of a parent company that is incorporated
in a country the government of which --
"(i) encourages the participation of firms so owned or
controlled in research and development consortia to which the
government of that country provides funding directly or provides
funding indirectly through international organizations; and
"(ii) affords adequate and effective protection for the
intellectual property rights of companies incorporated in the
United States.
Such term includes a consortium of such companies or other
business entities, as determined by the Secretary of Commerce.
"(7) The term 'Pacific Rim country' means a foreign country
located on or near the periphery of the Pacific Ocean.
"Section 2523. Defense dual-use critical technology partnerships
"(a) ESTABLISHMENT OF PARTNERSHIPS. -- The Secretary of Defense,
acting through the Director of Defense Research and Engineering, shall
conduct a program providing for the establishment of cooperative
arrangements (hereinafter in this section referred to as 'partnerships')
between the Department of Defense and entities referred to in subsection
(b) in order to encourage and provide for research, development, and
application of dual-use critical technologies. The Secretary may make
grants, enter into contracts, or enter into cooperative agreements and
other transactions pursuant to section 2371 of this title in order to
establish the partnerships.
"(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS. -- In the case of each
partnership, the entities with which the Secretary enters into the
partnership shall include two or more eligible firms or a nonprofit
research corporation established by two or more eligible firms and, may
also include, as determined appropriate by the Secretary of Defense, a
Federal laboratory or laboratories, institutions of higher education,
agencies of State governments, and other entities that participate in
the partnership by supporting the activities conducted by such firms or
corporations under this section.
"(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS. --
The Secretary of Defense shall ensure that, to the maximum extent he
determines to be practicable, the amount of the funds provided by the
Federal Government under a partnership does not exceed the total amount
provided by non-Federal Government participants in that partnership.
"(d) ASSISTANCE AUTHORIZED. -- The Secretary of Defense may provide
a partnership with technical and other assistance to facilitate the
achievement of the purposes of this section.
"(e) SELECTION PROCESS. -- Competitive procedures shall be used in
the establishment of partnerships, except that procedures other than
competitive procedures may be used in any case in which an exception set
out in section 2304(c) of this title applies.
"(f) SELECTION CRITERIA. -- The criteria for the selection of
proposed partnerships for establishment under this section shall include
the following:
"(1) The extent to which the program proposed to be conducted
by the partnership advances and enhances the national security
interests of the United States.
"(2) The technical excellence of the program proposed to be
conducted by the partnership.
"(3) The qualifications of the personnel proposed to
participate in the partnership's research activities.
"(4) A likelihood that there will not be timely private sector
investment in activities to achieve the goals and objectives of
the proposed partnership other than through the partnership.
"(5) The potential effectiveness of the partnership in the
further development and application of technology proposed to be
developed by the partnership for the defense industrial base.
"(6) The extent of the financial commitment of eligible firms
to the proposed partnership.
"(7) Such other criteria that the Secretary prescribes.
"Section 2524. Critical technology application centers assistance
program
"(a) ESTABLISHMENT OF PROGRAM. -- The Secretary of Defense, in
consultation and coordination with the Secretary of Commerce, shall
conduct a program to provide assistance for the activities of eligible
regional critical technology application centers in the United States.
"(b) ELIGIBLE CENTERS. -- A regional critical technology application
center is eligible for assistance under the program if --
"(1) the purpose of the center is to facilitate the use of one
or more defense critical technologies for defense and commercial
purposes by an industry in the region served by that center in
order to maintain within the United States industrial capabilities
that are vital to the national security of the United States; and
"(2) the center meets the other requirements of this section.
"(c) PROGRAM PARTICIPANTS. -- (1) The participants in a critical
technology application center --
"(A) shall include --
"(i) eligible firms that conduct business in the region of the
United States served or to be served by the center; and
"(ii) a sponsoring agency in such region; and
"(B) may include other organizations considered appropriate by
the Secretary of Defense.
"(2)(A) A sponsoring agency of a center may be any agency described
in subparagraph (B) that, as determined by the Secretary, provides
adequate assurances that it will --
"(i) meet the financial requirement in subsection (e); and
"(ii) provide assistance in the management of the center.
"(B) An agency referred to in subparagraph (A) is any of the
following:
"(i) An agency of a State or local government.
"(ii) A nonprofit organization established, or performing
functions, pursuant to an agreement entered into by two or more
States or local governments.
"(iii) A membership organization in which a State or local
government is a member.
"(d) ASSISTANCE AUTHORIZED. -- (1) Under the program, the Secretary
may provide --
"(A) financial assistance for the activities of a critical
technology application center (including, in the case of a
proposed center, the establishment of such center) in any amount
not in excess of 30 percent of the cost of conducting such
activities (including the cost of establishing a proposed center)
during the period covered by the financial assistance; and
"(B) technical assistance for the activities (and, in the case
of a proposed center, the establishment) of a center awarded
financial assistance authorized by subparagraph (A).
"(2) The Secretary may not provide financial assistance under the
program for construction of facilities.
"(3) The Secretary may furnish assistance to a critical technology
application center under the program for not more than six years.
"(e) FINANCIAL CONTRIBUTIONS OF CENTER PARTICIPANTS. -- (1) The
sponsoring agency of a critical technology application center and the
eligible firms participating in the center shall pay at least 70 percent
of the total cost incurred each year for the activities of the center.
Funds contributed for the activities of the center by institutions of
higher education or private, nonprofit organizations participating in
the center shall be considered as funds contributed by the sponsoring
agency.
"(2) If the right to use or license the results of any research and
development activity of a center is limited by participants in the
center to one or more, but less than one-half, of the eligible firms
participating in the center, the non-Federal Government participants in
the center shall pay the total cost incurred for such activity.
"(f) MANAGEMENT PLAN. -- A critical technology application center
shall operate under a management plan that includes provisions for the
eligible firms participating in the center to have the primary
responsibility for directing the activities of the center and to
exercise that responsibility through, among any other means, majority
voting membership of such firms on the board of directors of the center.
"(g) ADMINISTRATION OF PROGRAM. -- The Secretary shall prescribe
regulations that, to the extent practicable, apply the same requirements
and authorities in the administration of this section as apply under
subsections (d) and (e) of section 2523 of this title in the case of the
dual-use critical technologies partnerships program provided for in that
section.
"(h) SELECTION CRITERIA. -- The criteria for selection of a center
to receive financial assistance under this section shall include the
following:
"(1) The potential for the activities of the center to result
in --
"(A) increased availability of technology for the enhancement
of national security; and
"(B) the emergence in such region of new firms that are capable
of applying dual-use critical technologies.
"(2) The potential for the center to be able to apply critical
technology research and development supported or conducted by
Federal laboratories and institutions of higher education in the
advancement of national security interests of the United States.
"(3) The potential for the center to sustain itself through
support from industry and other non-Federal Government sources
after termination of the Federal assistance provided pursuant to
this section.
"(4) The level of involvement of appropriate State and local
agencies, institutions of higher education, and private, nonprofit
entities in the center.
"(5) Such other criteria as the Secretary prescribes.
"Section 2525. Office for Foreign Defense Critical Technology
Monitoring and Assessment
"(a) IN GENERAL. -- The Secretary of Defense shall establish within
the Office of the Director of Defense Research and Engineering an office
known as the 'Office for Foreign Defense Technology Monitoring and
Assessment' (hereinafter in this section referred to as the 'Office').
"(b) RELATIONSHIP TO DEPARTMENT OF COMMERCE. -- The head of the
Office shall consult closely with appropriate officials of the
Department of Commerce in order --
"(1) to minimize the duplication of any effort of the
Department of Commerce by the Department of Defense regarding the
monitoring of foreign activities related to defense critical
technologies that have potential commercial uses; and
"(2) to ensure that the Office is effectively utilized to
disseminate information to users of such information within the
Federal Government.
"(c) RESPONSIBILITIES. -- The Office shall have the following
responsibilities:
"(1) To maintain within the Department of Defense a central
library for the compilation and appropriate dissemination of
unclassified and classified information and assessments regarding
significant foreign activities in research, development, and
applications of defense critical technologies.
"(2) To establish and maintain --
"(A) a widely accessible unclassified data base of information
and assessments regarding foreign science and technology
activities that involve defense critical technologies, including,
especially, activities in Europe and in Pacific Rim countries;
and
"(B) a classified data base of information and assessments
regarding such activities.
"(3) To perform liaison activities among the military
departments, Defense Agencies, and other appropriate elements of
the Department of Defense, with appropriate agencies and offices
of the Department of Commerce and the Department of State, and
with other departments and agencies of the Federal Government in
order to ensure that significant activities in research,
development, and applications of defense critical technologies are
identified, monitored, and assessed by an appropriate department
or agency of the Federal Government.
"(4) To ensure the maximum practicable public availability of
information and assessments contained in the unclassified data
bases established pursuant to paragraph (2) --
"(A) by limiting, to the maximum practicable extent,
restrictive classification of such information and assessments;
and
"(B) by disseminating to the National Technical Information
Service of the Department of Commerce information and assessments
regarding defense critical technologies having potential
commercial uses.
"(5) To disseminate through the National Technical Information
Service of the Department of Commerce unclassified information and
assessments regarding defense critical technologies having
potential commercial uses so that such information and assessments
may be further disseminated within the Federal Government and to
the private sector.
"Section 2526. Overseas foreign critical technology monitoring and
assessment financial assistance program
"(a) ESTABLISHMENT AND PURPOSE OF PROGRAM. -- The Secretary of
Defense may establish a foreign critical technology monitoring and
assessment program. Under the program, the Secretary may enter into
cooperative arrangements with one or more eligible not-for-profit
organizations in order to provide financial assistance for the
establishment of foreign critical technology monitoring and assessment
offices in Europe, Pacific Rim countries, and such other countries as
the Secretary considers appropriate.
"(b) ELIGIBLE ORGANIZATIONS. -- Any not-for-profit industrial or
professional organization that has economic and scientific interests in
research, development, and applications of dual-use critical
technologies is eligible to enter into a cooperative arrangement
referred to in subsection (a).".
(b) TRANSFER OF SECTION. -- (1) Section 2508 of title 10, United
States Code, is redesignated as section 2522 and, as so redesignated, is
transferred to chapter 150 of such title (as added by subsection (a)),
and inserted after section 2521.
(2) The table of sections at the beginning of chapter 148 of such
title is amended by striking out the item relating to section 2508.
(c) REPEAL. -- (1) Section 2368 of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 139 of such
title is amended by striking out the item relating to section 2368.
(d) FUNDING. -- Of the amounts authorized to be appropriated
pursuant to section 201, there shall be available for the following
purposes the amounts specified for such purposes, as follows:
(1) For each of fiscal years 1992 and 1993, for the Defense
Advanced Research Projects Agency to carry out section 2523 of
title 10, United States Code (as added by subsection (a)),
relating to dual-use critical technology partnerships,
$100,000,000.
(2) For fiscal year 1992, for the critical technology
application centers program established pursuant to section 2524
of title 10, United States Code (as added by subsection (a)),
$50,000,000.
(e) TECHNICAL AMENDMENTS NECESSITATED BY ENACTMENT OF THE NEW CHAPTER
150. -- Part IV of subtitle A of title 10, United States Code, is
amended --
(1) by striking out the heading of chapter 151 and inserting in
lieu thereof the following:
(2) by striking out the heading of chapter 150 in effect on the
day before the date of the enactment of this Act (relating to
issue to Armed Forces) and the table of sections at the beginning
of such chapter and inserting in lieu thereof the following:
"SUBCHAPTER .................................................. Sec.
"I. Issue to the Armed Forces ............................... 2540
"II. Issue of Serviceable Material Other Than to the Armed Forces
.................................................... 2541
"Sec.
"2540. Reserve components: supplies, services, and facilities.";
and
(3) by redesignating the section 2521 in effect on the day
before the date of the enactment of this Act (relating to
supplies, services, and facilities for reserve components) as
section 2540.
(f) CLERICAL AMENDMENT. -- The tables of chapters at the beginning
of subtitle A of title 10, United States Code, and at the beginning of
part IV of such subtitle are each amended by striking out the items
relating to chapters 150 and 151 and inserting in lieu thereof the
following:
"150. Development of Dual-Use Critical Technologies ........ 2521
"152. Issue of Supplies, Services, and Facilities .......... 2540".
SEC. 822. CRITICAL TECHNOLOGY STRATEGIES.
(a) "42 USC 6687" REQUIREMENT FOR CRITICAL TECHNOLOGY STRATEGIES. --
(1) The President shall develop and revise as needed a multiyear
strategy for federally supported research and development for each
critical technology designated by the President. In designating
critical technologies for the purpose of this section, the President
shall begin with the national critical technologies listed in a biennial
report on national critical technologies submitted to Congress by the
President pursuant to section 603(d) of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6683(d)). A critical technology strategy may cover more than one
critical technology.
(2) The President shall assign responsibilities and develop
procedures for conducting executive branch activities to carry out this
section.
(3) During the development of a critical technology strategy, the
President shall provide for the following:
(A) The development of goals and objectives for the appropriate
Federal role in the development of the critical technology or
technologies that the President expects to be covered by the
strategy.
(B) Close consultation with appropriate representatives of
United States industries, members of industry associations,
representatives of labor organizations in the United States,
members of professional and technical societies in the United
States and other persons who are qualified to provide advice and
assistance in the development of such critical technology or
technologies.
(C) The development of an organizational structure within the
Federal Government that is appropriate for coordinating, managing,
and reviewing the Federal Government's role in the implementation
of the strategy, including allocating roles among Federal
departments and agencies.
(D) The development of policies and procedures for synergistic
government, industrial, and university participation in the
implementation of the strategy.
(E) The development of Federal budget estimates for research
and development regarding the critical technology or technologies
covered by the strategy for the first five fiscal years covered by
that strategy.
(b) REPORT. -- "42 USC 6687" Not later than February 15 of each
year, beginning in 1993, the President shall submit to Congress an
annual report describing the implementation of subsection (a). The
annual report shall include the following:
(1) For each critical technology designated by the President
for the purpose of subsection (a), a description of the progress
made in implementing subsection (a) during the fiscal year
preceding the fiscal year in which the report is submitted.
(2) A description of each proposed program, if any, for further
implementing subsection (a) with respect to a critical technology
through the date for the submission of the next annual report.
(3) A copy of each strategy, if any, completed or revised
pursuant to subsection (a) during the fiscal year covered by the
report.
(c) "42 USC 6686" REVISIONS IN CRITICAL TECHNOLOGIES INSTITUTE. --
(1) Section 822 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1598) is amended to read as
follows:
"SEC. 822. CRITICAL TECHNOLOGIES INSTITUTE.
"(a) ESTABLISHMENT. -- There shall be established a federally funded
research and development center to be known as the 'Critical
Technologies Institute' (hereinafter in this section referred to as the
'Institute').
"(b) INCORPORATION. -- As determined by the chairman of the
committee referred to in subsection (c), the Institute shall be --
"(1) administered as a separate entity by an organization
currently managing another federally funded research and
development center; or
"(2) incorporated as a nonprofit membership corporation.
"(c) OPERATING COMMITTEE. -- (1) The Institute shall have an
Operating Committee composed of 11 members as follows:
"(A) The Director of the Office of Science and Technology
Policy.
"(B) The Secretary of Defense, or the Secretary's designee.
"(C) The Secretary of Energy, or the Secretary's designee.
"(D) The Secretary of Health and Human Services, or the
Secretary's designee.
"(E) The Secretary of Commerce, or the Secretary's designee.
"(F) The Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee.
"(G) The Director of the National Science Foundation, or the
Director's designee.
"(H) Four other members appointed by the President from among
officials of the Executive branch (other than those referred to in
subparagraphs (A) through (G)).
"(2) The President shall designate a chairman of the committee from
among the members of the committee who are senior officials of the
Executive Office of the President.
"(3)(A) The term of service of members of the committee appointed
under paragraph (1)(H) shall be four years, except that of the four
members first appointed, one shall be appointed for a term of one year,
one shall be appointed for a term of two years, one shall be appointed
for a term of three years, and one shall be appointed for a term of four
years. The terms of appointment of members appointed under this
subparagraph shall be designated by the President at the time of the
appointments.
"(B) A vacancy in a membership of the committee referred to in
subparagraph (A) shall be filled in the same manner as the original
appointment. A member appointed under this subparagraph shall serve the
remainder of the unexpired term of the predecessor of the member.
"(C) Members of the committee referred to in subparagraph (A) may be
reappointed.
"(4) The committee shall meet not less than four times a year.
"(d) DUTIES. -- The duties of the Institute shall include the
following:
"(1) The assembly of timely and authoritative information
regarding significant developments and trends in technology
research and development in the United States and abroad, with
particular emphasis on information relating to the technologies
identified in the most recent biennial report submitted to
Congress by the President pursuant to section 603(d) of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683(d)).
"(2) Analysis and interpretation of the information referred to
in paragraph (1) to determine whether such developments and trends
are likely to affect United States technology policies.
"(3) Initiation of studies and analyses (including systems
analyses and technology assessments) of alternatives available for
ensuring long-term leadership by the United States in the
development and application of the technologies referred to in
paragraph (1), including appropriate roles for the Federal
Government, State governments, private industry, and institutions
of higher education in the development and application of such
technologies.
"(4) Provision, upon the request of the Director of the Office
of Science and Technology Policy, of technical support and
assistance --
"(A) to the committees and panels of the President's Council of
Advisers on Science and Technology that provide advice to the
Executive branch on technology policy; and
"(B) to the committees and panels of the Federal Coordinating
Council for Science, Engineering, and Technology that are
responsible for planning and coordinating activities of the
Federal Government to advance the development of critical
technologies and sustain and strengthen the technology base of the
United States.
"(e) CONSULTATION ON INSTITUTE ACTIVITIES. -- In carrying out the
duties referred to in subsection (d), personnel of the Institute shall
--
"(1) consult widely with representatives from private industry,
institutions of higher education, and nonprofit institutions; and
"(2) to the maximum extent practicable, incorporate information
and perspectives derived from such consultations in carrying out
such duties.
"(f) ANNUAL REPORTS. -- The committee shall submit to the President
an annual report on the activities of the committee under this section.
Each report shall be in accordance with requirements prescribed by the
President.
"(g) SPONSORSHIP. -- (1) The Director of the National Science
Foundation shall be the sponsor of the Institute.
"(2) The Director of the National Science Foundation, in consultation
with the chairman of the committee, shall enter into a sponsoring
agreement with respect to the Institute. The sponsoring agreement shall
require that the Institute carry out such functions as the chairman of
the committee may specify consistent with the duties referred to in
subsection (d). The sponsoring agreement shall be consistent with the
general requirements prescribed for such a sponsoring agreement by the
Administrator for Federal Procurement Policy.".
(2) The amendment made by paragraph (1) "42 USC 6686 note" shall take
effect as of November 5, 1990.
(3) The sponsoring agreement required by subsection (g) of section
822 of Public Law 101-510, as amended by paragraph (1), "42 USC 6686
note" shall be entered into not later than February 15, 1992.
(d) FUNDING. -- (1) To the extent provided in appropriations Acts,
the Secretary of Defense shall make available to the Director of the
National Science Foundation, out of funds appropriated for fiscal year
1991, $5,000,000 for funding the activities of the Institute.
(2) "42 USC 6686 note" There is authorized to be appropriated for
each fiscal year after fiscal year 1991 for the Institute such sums as
may be necessary for the operation of the Institute.
(3) Funds appropriated to any department or agency for the Critical
Technologies Institute established under section 822 of the National
Defense Authorization Act for Fiscal Year 1991, as amended by subsection
(c), for fiscal year 1992 by any Act enacted before the date of the
enactment of this Act shall be transferred to the National Science
Foundation only for the purposes of carrying out activities of the
Institute.
SEC. 823. ADVANCED MANUFACTURING TECHNOLOGY PARTNERSHIPS.
(a) AUTHORITY TO ESTABLISH PARTNERSHIPS. -- (1) Chapter 149 of title
10, United States Code, is amended by adding at the end the following
new section:
"Section 2518. Defense Advanced Manufacturing Technology
Partnerships
"(a) ESTABLISHMENT OF PARTNERSHIPS. -- The Secretary of Defense may
enter into cooperative arrangements (hereinafter in this section
referred to as 'partnerships') with entities referred to in subsection
(b) in order to encourage and provide for research and development of
advanced manufacturing technologies with the potential for having a
broad range of applications.
"(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS. -- In the case of each
partnership, the entities with which the Secretary enters into the
partnership shall include two or more eligible firms or a nonprofit
research corporation established by two or more eligible firms and may
also include, as determined appropriate by the Secretary of Defense, a
Federal laboratory or laboratories, institutions of higher education,
agencies of State governments, and other entities that participate in
the partnership by supporting the activities conducted by such firms or
corporations under this section. A partnership may include other
organizations considered appropriate by the Secretary of Defense.
"(c) ADMINISTRATION OF PROGRAM. -- The Secretary shall prescribe
regulations that, to the extent practicable, apply the same requirements
and authorities in the administration of this section as apply under
subsections (c) through (e) of section 2523 of this title in the case of
the dual-use critical technologies partnerships program provided for in
that section.
"(d) SELECTION CRITERIA. -- The criteria for the selection of
proposed partnerships for establishment under this section shall include
the following criteria:
"(1) The criteria specified in section 2523(f) of this title.
"(2) The extent to which the partnerships provide for the
development of advanced manufacturing technologies usable for
significantly reducing the potential health, safety, and
environmental hazards associated with existing manufacturing
processes.
"(e) DEFINITIONS. -- In this section, the terms 'eligible firm' and
'Federal laboratory' have the meanings given such terms in section 2521
of this title.".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2518. Defense Advanced Manufacturing Technology Partnerships.".
(b) ESTABLISHMENT OF INITIAL PARTNERSHIPS. -- The Secretary of
Defense shall establish not less than two advanced manufacturing
technology partnerships pursuant to section 2518 of title 10, United
States Code, as added by subsection (a), not later than one year after
the date of enactment of this Act "10 USC 2518 note".
(c) FUNDING. -- (1) Of the amounts authorized to be appropriated
pursuant to section 203(a)(4)(B), $25,000,000 shall be available for
each of fiscal years 1992 and 1993 to carry out section 2518 of title
10, United States Code, as added by subsection (a).
(2) Of the amounts authorized to be appropriated pursuant to section
201, $5,000,000 shall be available for each of fiscal years 1992 and
1993 for activities relating to advanced manufacturing technology that
are carried out by United States industry, institutions of higher
education in the United States, or Federal laboratories under the
authority of bilateral or multilateral technology agreements entered
into by the United States and other nations. The amount of such funds
allocated for each such activity may not exceed one-third of the total
estimated cost of carrying out that activity for the period for which
the funds are to be provided.
SEC. 824. MANUFACTURING EXTENSION PROGRAMS.
(a) REVISION OF AUTHORITY. -- Section 2517 of title 10, United
States Code, is amended --
(1) by inserting "(a)" before "The Secretary of Defense,";
(2) in the first sentence, by striking out "and other existing
organizations" and all that follows through "manufactured parts";
(3) in the second sentence --
(A) by inserting "and section 26" after "section 25"; and
(B) by inserting "and 278l" after "278k"; and
(4) by adding at the end the following new subsection:
"(b)(1) The Secretary of Defense, in consultation with the Secretary
of Commerce, shall establish a program --
"(A) to support existing manufacturing extension programs of
regions, States, local governments, and private, nonprofit
organizations;
"(B) to promote the development of a broad range of such
programs that will benefit both the national security and the
economic prosperity of the United States; and
"(C) to increase the involvement of appropriate segments of the
private sector in activities that improve the manufacturing
quality, productivity, and performance of United States-based
small manufacturing firms.
"(2) In awarding financial assistance under the program, the
Secretary, on the basis of merit pursuant to a competitive selection
process, shall select manufacturing extension programs that demonstrate
evidence of the following:
"(A) Comprehensive and high quality services, including staff
with significant experience in industrial manufacturing.
"(B) Significant involvement by, and support from, private
industry.
"(C) The potential for assisting a significant number of United
States-based small manufacturing firms with a limited expenditure
of Federal funds.
"(3)(A) The amount of financial assistance furnished to a
manufacturing extension program under this subsection may not exceed the
total amount provided by non-Federal Government participants in the
program for the period for which the assistance is to be provided.
Financial assistance shall be provided to a recipient program for a
period of five years unless such financial assistance is earlier
terminated for good cause. Recipients of such financial assistance
shall be required to report to the Secretary annually beginning one year
after the date that such financial assistance is initiated. Such report
shall include a description of the progress of the recipient program in
meeting the objectives set out in paragraph (1).
"(B) The Secretary of Defense shall require a major evaluation of
each manufacturing extension program receiving financial assistance
under this subsection. The evaluation shall be conducted during the
third year that such program receives such financial assistance. If, on
the basis of such evaluation, the Secretary finds that the financial
assistance to the extension program should be terminated for good cause,
the Secretary shall provide sufficient financial assistance to terminate
that program. The amount of that assistance may not exceed the amount
that would otherwise have been provided for continuing the financial
assistance to the recipient program through the end of the fourth year.
"(C) Subparagraphs (A) and (B) do not prohibit a recipient program
from reapplying for financial assistance under this subsection upon the
expiration or termination of the furnishing of financial assistance
under this subsection. The application for additional financial
assistance shall be subject to the requirements and procedures set out
in this subsection in the same manner and to the same extent as initial
applications for financial assistance under this subsection.
"(4) The Secretary of Defense and the Secretary of Commerce shall
enter into an agreement for carrying out the program established
pursuant to this subsection. The agreement shall include procedures to
ensure that the program is fully coordinated with related manufacturing
programs of the Department of Commerce.".
(b) DEFINITIONS. -- Section 2511 of title 10, United States Code, is
amended by striking out paragraph (2) and inserting in lieu thereof the
following new paragraphs:
"(2) The term 'manufacturing extension program' means a public
or private, nonprofit program for the improvement of the quality,
productivity, and performance of United States-based small
manufacturing firms in the United States.
"(3) The term 'United States-based small manufacturing firm'
means a company or other business entity that, as determined by
the Secretary of Commerce --
"(A) engages in manufacturing;
"(B) has less than 500 employees;
"(C) conducts a significant level of its research, development,
engineering, and manufacturing activities in the United States;
and
"(D) is a company or other business entity the majority
ownership or control of which is by United States citizens or is a
company or other business entity of a parent company that is
incorporated in a country the government of which --
"(i) encourages the participation of firms so owned or
controlled in research and development consortia to which the
government of that country provides funding directly or provides
funding indirectly through international organizations; and
"(ii) affords adequate and effective protection for the
intellectual property rights of companies incorporated in the
United States.".
(c) FUNDING. -- Of the amounts authorized to be appropriated
pursuant to section 201, $50,000,000 shall be available to carry out
section 2517(b) of title 10, United States Code (as added by subsection
(a)(4)).
SEC. 825. DEFENSE MANUFACTURING EDUCATION.
(a) ESTABLISHMENT OF PROGRAMS. -- (1) Chapter 111 of title 10,
United States Code, is amended by striking out section 2196 and
inserting in lieu thereof the following:
"Section 2196. Manufacturing engineering education: grant program
"(a) ESTABLISHMENT OF GRANT PROGRAM. -- (1) The Secretary of Defense
shall establish a program under which the Secretary makes grants to
support --
"(A) the enhancement of existing programs in manufacturing
engineering education; or
"(B) the establishment of new programs in manufacturing
engineering education that meet such requirements.
"(2) Grants under this section may be made to institutions of higher
education or to consortia of such institutions.
"(3) The Secretary shall establish the program in consultation with
the Secretary of Education, the Director of the National Science
Foundation, and the Director of the Office of Science and Technology
Policy.
"(b) NEW PROGRAMS IN MANUFACTURING ENGINEERING EDUCATION. -- A
program in manufacturing engineering education to be established at an
institution of higher education may be considered to be a new program
for the purpose of subsection (a)(1)(B) regardless of whether the
program is to be conducted --
"(1) within an existing department in a school of engineering
of the institution;
"(2) within a manufacturing engineering department to be
established separately from the existing departments within such
school of engineering; or
"(3) within a manufacturing engineering school or center to be
established separately from an existing school of engineering of
such institution.
"(c) MINIMUM NUMBER OF GRANTS FOR NEW PROGRAMS. -- Of the total
number of grants awarded pursuant to this section, at least one-third
shall be awarded for the purpose stated in subsection (a)(1)(B).
"(d) GEOGRAPHICAL DISTRIBUTION OF GRANTS. -- In awarding grants
under this subsection, the Secretary shall, to the maximum extent
practicable, avoid geographical concentration of grant awards.
"(e) COORDINATION OF GRANT PROGRAM WITH THE NATIONAL SCIENCE
FOUNDATION. -- The Secretary of Defense and the Director of the
National Science Foundation shall enter into an agreement for carrying
out the grant program established pursuant to this section. The
agreement shall include procedures to ensure that the grant program is
fully coordinated with similar existing programs of the National Science
Foundation.
"(f) COVERED PROGRAMS. -- (1) A program of engineering education
supported with a grant awarded pursuant to this section shall meet the
requirements of this section.
"(2) Such a grant may be made for a program of education to be
conducted at the undergraduate level, at the graduate level, or at both
the undergraduate and graduate levels.
"(g) COMPONENTS OF PROGRAM. -- The program of education for which
such a grant is made shall be a consolidated and integrated
multidisciplinary program of education having each of the following
components:
"(1) Multidisciplinary instruction that encompasses the total
manufacturing engineering enterprise and that may include --
"(A) manufacturing engineering education and training through
classroom activities, laboratory activities, thesis projects,
individual or team projects, and visits to industrial facilities,
consortia, or centers of excellence in the United States and
foreign countries;
"(B) faculty development programs;
"(C) recruitment of educators highly qualified in manufacturing
engineering;
"(D) presentation of seminars, workshops, and training for the
development of specific research or education skills; and
"(E) activities involving interaction between the institution
of higher education conducting the program and industry, including
programs for visiting scholars or industry executives.
"(2) Opportunities for students to obtain work experience in
manufacturing through such activities as internships, summer job
placements, or cooperative work-study programs.
"(3) Faculty and student research that is directly related to,
and supportive of, the education of undergraduate or graduate
students in advanced manufacturing science and technology because
of --
"(A) the increased understanding of advanced manufacturing
science and technology that is derived from such research; and
"(B) the enhanced quality and effectiveness of the instruction
that result from that increased understanding.
"(h) GRANT PROPOSALS. -- The Secretary of Defense, in coordination
with the Director of the National Science Foundation, shall solicit from
institutions of higher education in the United States (and from
consortia of such institutions) proposals for grants to be made pursuant
to this section for the support of programs of manufacturing engineering
education that are consistent with the purposes of this section.
"(i) MERIT COMPETITION. -- Applications for grants shall be
evaluated on the basis of merit pursuant to competitive procedures
prescribed by the Secretary in consultation with the Director of the
National Science Foundation.
"(j) SELECTION CRITERIA. -- The Secretary may select a proposal for
the award of a grant pursuant to this section if the proposal, at a
minimum, does each of the following:
"(1) Contains innovative approaches for improving engineering
education in manufacturing technology.
"(2) Demonstrates a strong commitment by the proponents to
apply the resources necessary to achieve the objectives for which
the grant is to be made.
"(3) Provides for the conduct of research that supports the
instruction to be provided in the proposed program and is likely
to improve manufacturing engineering and technology.
"(4) Demonstrates a significant level of involvement of United
States industry in the proposed instructional and research
activities.
"(5) Is likely to attract superior students.
"(6) Proposes to involve fully qualified faculty personnel who
are experienced in research and education in areas associated with
manufacturing engineering and technology.
"(7) Proposes a program that, within three years after the
grant is made, is likely to attract from sources other than the
Federal Government the financial and other support necessary to
sustain such program.
"(8) Proposes to achieve a significant level of participation
by women, members of minority groups, and individuals with
disabilities through active recruitment of students from among
such persons.
"(k) FEDERAL SUPPORT. -- The amount of financial assistance
furnished to an institution under this section may not exceed 50 percent
of the estimated cost of carrying out the activities proposed to be
supported in part with such financial assistance for the period for
which the assistance is to be provided.
"Section 2197. Manufacturing managers in the classroom
"(a) ESTABLISHMENT OF PROGRAM. -- The Secretary of Defense, in
consultation with the Secretary of Education and the Secretary of
Commerce, shall conduct a program to support the following activities of
one or more manufacturing managers and experts at institutions of higher
education:
"(1) Identifying the education and training requirements of
United States manufacturing firms located in the same geographic
region as an institution participating in the program.
"(2) Assisting in the development of teaching curricula for
classroom and in-factory education and training classes at such an
institution.
"(3) Teaching such classes and overseeing the teaching of such
classes by others.
"(4) Improving the knowledge and expertise of permanent faculty
and staff of such an institution.
"(5) Marketing the programs and facilities of such an
institution to firms referred to in paragraph (1).
"(6) Coordinating the activities described in the other
provisions of this subsection with other programs conducted by the
Federal Government, any State, any local government, or any
private, nonprofit organization to modernize United States
manufacturing firms, especially the regional centers for the
transfer of manufacturing technology and programs receiving
financial assistance under section 2196 of this title.
"(b) MERIT COMPETITION. -- Applications for assistance under this
section shall be evaluated on the basis of merit pursuant to competitive
procedures prescribed by the Secretary.
"(c) SELECTION CRITERIA. -- The Secretary shall select institutions
for the award of financial assistance under this section from among
institutions submitting applications for such assistance that --
"(1) demonstrate that the proposed activities are of an
appropriate scale and a sufficient quality to ensure long term
improvement in the applicant's capability to serve the education
and training needs of United States manufacturing firms in the
same region as the applicant;
"(2) demonstrate a significant level of industry involvement
and support;
"(3) demonstrate attention to the needs of any United States
industries that supply manufactured products to the Department of
Defense or to a contractor of the Department of Defense; and
"(4) meet such other criteria as the Secretary may prescribe.
"(d) FEDERAL SUPPORT. -- The amount of financial assistance
furnished to an institution under this section may not exceed 50 percent
of the estimated cost of carrying out the activities proposed to be
supported in part with such financial assistance for the period for
which the assistance is to be provided. In no event may the amount of
the financial assistance provided to an institution exceed $250,000 per
year. The period for which financial assistance is provided an
institution under this section shall be at least two years unless such
assistance is earlier terminated for cause determined by the Secretary.
"Section 2199. Definitions
"In this chapter:
"(1) The term 'defense laboratory' means a laboratory operated
by the Department of Defense or owned by the Department of Defense
and operated by a contractor or a facility of a Defense Agency at
which research and development activities are conducted.
"(2) The term 'institution of higher education' has the meaning
given such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
"(3) The term 'regional center for the transfer of
manufacturing technology' means a regional center for the transfer
of manufacturing technology referred to in section 25(a) of the
National Institute of Standards and Technology Act (15 U.S.C.
278k).".
(2) The table of sections at the beginning of such chapter is amended
by striking out the item relating to 2196 and inserting in lieu thereof
the following:
"2196. Manufacturing engineering education: grant program.
"2197. Manufacturing managers in the classroom.
"2199. Definitions.".
(b) INITIAL IMPLEMENTATION; PRIORITY IN FUNDING. -- Within one year
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Director of the National Science Foundation,
shall award grants under section 2196 of title 10, "10 USC 2196 note"
United States Code (as added by subsection (a)), to institutions of
higher education throughout the United States.
(c) FUNDING. -- Of the amounts authorized to be appropriated
pursuant to section 201, there shall be available --
(1) for the manufacturing engineering education grant program
established pursuant to section 2196 of title 10, United States
Code (as added by subsection (a)), $25,000,000 for fiscal year
1992; and
(2) for the manufacturing managers in the classroom program
established pursuant to section 2197 of such title (as added by
subsection (a)), $5,000,000 for fiscal year 1992.
SEC. 826. COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS RELATING TO
ADVANCED RESEARCH PROJECTS.
(a) EXTENSION OF AUTHORITY TO MILITARY DEPARTMENTS. -- Subsection
(a) of 2371 of title 10, United States Code, is amended by inserting
"and the Secretary of each military department, in carrying out advanced
research projects," after "Defense Advanced Research Projects Agency,".
(b) CONFORMING AMENDMENTS. -- (1) Subsection (b) of such section is
amended --
(A) in paragraph (1), by striking out "by the Secretary"; and
(B) in paragraph (2), by striking out "to the account" in the
first sentence and inserting in lieu thereof "to the appropriate
account".
(2) Subsection (d) of such section is amended by striking out "The
Secretary" after "(d)" and inserting in lieu thereof "The Secretary of
Defense".
(3) Subsection (e) of such section is amended --
(A) by striking out "an account" and inserting in lieu thereof
"separate accounts for each of the military departments and the
Defense Advanced Research Projects Agency"; and
(B) by striking out "such account" and inserting in lieu
thereof "those accounts".
(4) Subsection (f)(5) of such section is amended by striking out "the
account" and inserting in lieu thereof "each account".
(c) AUTHORITY MADE PERMANENT. -- Subsection (g) of such section is
repealed.
SEC. 827. FLEXIBLE COMPUTER-INTEGRATED MANUFACTURING PROGRAM.
(a) PROGRAM REQUIRED. -- The Secretary of Defense shall conduct a
program for the development of advanced flexible capabilities for
computer-integrated manufacturing and for the use of those capabilities
throughout the Department of Defense and in commercial entities that are
part of the defense industrial base of the United States.
(b) JOINT SERVICES CENTER. -- (1) For the purposes of the program
under subsection (a), the Secretary of Defense shall establish a center,
to be operated with the participation of the Army, Navy, Air Force, and
Marine Corps, for the purposes set forth in paragraph (2).
(2) The center established under paragraph (1) shall --
(A) evaluate the potential for using flexible
computer-integrated manufacturing (FCIM) technology (such as the
technology from the Rapid Acquisition of Manufactured Parts (RAMP)
program of the Navy) for previously unidentified applications at
Department of Defense depot-level maintenance facilities;
(B) provide the means for the rapid transfer of such technology
(including technology from the RAMP program, if appropriate)
within the Department of Defense; and
(C) provide any Department of Defense depot-level maintenance
facility with technical guidance and support for initial training
in the use of that technology and in the initial operation of that
technology.
(c) NAVY RAMP PROGRAM. -- The Secretary of the Navy shall continue
the program of the Navy designated as the Rapid Acquisition of
Manufactured Parts (RAMP) program that is carried out to develop
technologies and applications for the rapid acquisition of manufactured
parts. For the purposes of that program, the Secretary shall determine
the number of naval aviation and ship maintenance facilities and depots
at which RAMP capabilities can be established economically.
(d) FUNDING. -- (1) Of the amounts authorized to be appropriated
pursuant to section 201 for fiscal years 1992 and 1993, $21,500,000
shall be available for each such fiscal year for the program conducted
pursuant to subsection (a).
(2) Of the amount available under paragraph (1) for each such fiscal
year --
(A) $4,000,000 shall be available to carry out subsection (b);
(B) $7,500,000 shall be available to carry out subsection (c);
and
(C) $4,000,000 shall be available for a grant to the Institute
for Advanced Flexible Manufacturing Systems.
(e) PREVENTION OF DUPLICATION. -- The Secretary of the Army and the
Secretary of the Air Force may not carry out any activity to develop a
capability for flexible computer-integrated manufacturing (1) that would
substantially duplicate the existing capabilities of the Navy for
flexible computer-integrated manufacturing, or (2) that can be achieved
using the design of the Navy in existence as of the date of the
enactment of this Act for a system for the rapid acquisition of
manufactured parts (RAMP).
SEC. 828. UNITED STATES-JAPAN MANAGEMENT TRAINING PROGRAMS.
(a) ESTABLISHMENT. -- Chapter 111 of title 10, United States Code,
as amended by section 825, is further amended by inserting after section
2197 the following new section:
"Section 2198. Management training program in Japanese language and
culture
"(a) The Secretary of Defense, in coordination with the National
Science Foundation, shall establish a program for the making of grants
on a competitive basis to United States institutions of higher education
and other United States not-for-profit organizations for the conduct of
programs for scientists, engineers, and managers to learn Japanese
language and culture.
"(b) The Secretary of Defense shall prescribe in regulations the
criteria for awarding a grant under the program for activities of an
institution or organization referred to in subsection (a), including the
following:
"(1) Whether scientists, engineers, and managers of defense
laboratories and Department of Energy laboratories are permitted a
level of participation in such activities that is beneficial to
the development and application of defense critical technologies
by such laboratories.
"(2) Whether such activities include the placement of United
States scientists, engineers, and managers in Japanese government
and industry laboratories --
"(A) to improve the knowledge of such scientists, engineers,
and managers in (i) Japanese language and culture, and (ii) the
research and development and management practices of such
laboratories; and
"(B) to provide opportunities for the encouragement of
technology transfer from Japan to the United States.
"(3) Whether an appropriate share of the costs of such
activities will be paid out of funds derived from non-Federal
Government sources.
"(c) In this section, the term 'defense critical technology' means a
technology identified in an annual defense critical technologies plan
submitted to the Congress under section 2522 of this title.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2197 (as added by section 825) the following new item:
"2198. Management training program in Japanese language and
culture.".
SEC. 829. "10 USC 2192 note" DEPARTMENT OF DEFENSE SUPPORT FOR
SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION.
(a) SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION SUPPORT MASTER
PLAN. -- (1) At the same time that the President submits to Congress
the budget for each of fiscal years 1993 through 1997 pursuant to
section 1105 of title 31, United States Code, the Secretary of Defense
shall submit to Congress a master plan for activities by the Department
of Defense during the next fiscal year to support education in science,
mathematics, and engineering at all levels of education in the United
States. Each such plan shall be developed in consultation with the
Secretary of Education.
(2) The activities provided for in the plan submitted under paragraph
(1) for any fiscal year shall contribute to the achievement of the
national education goals stated in the Report of the Committee on
Education and Human Resources of the Federal Coordinating Council for
Science, Engineering, and Technology that was submitted to Congress with
the submission of the budget for fiscal year 1992.
(3) Each such plan shall provide the basis for the Secretaries of the
military departments and the heads of the Defense Agencies of the
Department of Defense --
(A) to define the programs of the military departments and
Defense Agencies to support the achievement of the goals referred
to in paragraph (2); and
(B) to allocate resources for such programs.
(b) CONTENT OF PLAN. -- The plan under subsection (a) for a fiscal
year shall include the following:
(1) A description of each action for the improvement of
scientific, mathematics, and engineering education identified by
the Secretary of Defense under sections 2191 through 2195 of title
10, United States Code, for such fiscal year and the funds that
are provided in the budget for such fiscal year for such action.
(2) The long-range goals and priorities of the Department of
Defense for improving the Department's support for science,
mathematics, and engineering education programs, including --
(A) education programs within, or directly supported by, the
Department of Defense;
(B) education programs in other departments and agencies of the
Federal Government;
(C) education programs at elementary, secondary, and
postsecondary educational institutions; and
(D) other programs within or supported by the Department of
Defense that are potentially capable of assisting local education
agencies to integrate advanced technology into their classrooms
that will improve student learning with science, mathematics, and
engineering.
(c) ROLE OF DIRECTOR, DEFENSE RESEARCH AND ENGINEERING. -- Subject
to the authority, direction, and control of the Secretary of Defense,
the Director of Defense Research and Engineering shall perform the
duties of the Secretary under this section.
(d) IMPLEMENTATION REPORT. -- Not later than March 15, 1992, the
Secretary of Defense shall submit to Congress a report on steps taken by
the Department of Defense to encourage science, mathematics, and
engineering teachers returning to the United States from teaching
assignments in the Department of Defense Overseas Dependents School
System to continue to teach in those subject areas in local education
agencies and in military impact aid schools throughout the United
States.
SEC. 831. REQUIREMENT FOR SUBMITTAL OF PLANS RELATING TO THE
IMPROVEMENT OF THE DEFENSE INDUSTRIAL BASE.
(a) EVALUATION OF USE OF FOREIGN COMPONENTS BY DEFENSE INDUSTRIAL
BASE. -- (1) The Secretary of Defense shall submit to the congressional
defense committees a plan for the collection and assessment of
information on the extent to which the defense industrial base of the
United States --
(A) procures subsystems of weapon systems, components of weapon
systems, and components of subsystems of weapon systems from
foreign sources; and
(B) is dependent upon those foreign sources for the procurement
of such subsystems and components.
(2) The report shall be prepared in coordination with the Secretary
of Commerce and the United States Trade Representative.
(3) The report shall be submitted not later than March 15, 1992.
(b) IDENTIFICATION OF BARRIERS TO INTEGRATION OF COMMERCIAL AND
DEFENSE INDUSTRIAL BASE. -- (1) The Secretary of Defense shall submit
to the congressional defense committees a plan for the removal of
barriers to the effective integration of the commercial and defense
sectors of the industrial base of the United States.
(2) The plan shall include --
(A) the Secretary's recommendations for any legislation
necessary to remove those barriers;
(B) a discussion of the actions to be taken by the Secretary to
remove those barriers; and
(C) a summary of the information relied on in the development
of the plan.
(3) The Secretary shall designate an official within the Office of
the Secretary of Defense to develop the plan. In developing the plan,
that official shall, in consultation with appropriate representatives of
other departments and agencies of the Federal Government, State and
local governments, and the private sector, identify and evaluate --
(A) the areas of industrial production in which a greater
integration of commercial and defense activities would be
beneficial for national defense purposes;
(B) any Federal, State, and local statutes, regulations, and
policies that are barriers to the integration of those activities;
and
(C) the actions necessary to remove the barriers to the
integration of those activities.
(4) The report shall be submitted not later than September 30, 1992.
SEC. 832. "10 USC 113 note" REQUIREMENTS RELATING TO EUROPEAN
MILITARY PROCUREMENT PRACTICES.
(a) EUROPEAN PROCUREMENT PRACTICES. -- The Secretary of Defense
shall --
(1) compute the total value of American-made military goods and
services procured each year by European governments or companies;
(2) review defense procurement practices of European
governments to determine what factors are considered in the
selection of contractors and to determine whether American firms
are discriminated against in the selection of contractors for
purchases by such governments of military goods and services; and
(3) establish a procedure for discussion with European
governments about defense contract awards made by them that
American firms believe were awarded unfairly.
(b) DEFENSE TRADE AND COOPERATION WORKING GROUP. -- The Secretary of
Defense shall establish a defense trade and cooperation working group.
The purpose of the group is to evaluate the impact of, and formulate
United States positions on, European initiatives that affect United
States defense trade, cooperation, and technology security. In carrying
out the responsibilities of the working group, members of the group
shall consult, as appropriate, with personnel in the Departments of
State and Commerce and in the Office of the United States Trade
Representative.
(c) GAO REVIEW. -- The Comptroller General shall conduct a review to
determine how the members of the North Atlantic Treaty Organization are
implementing their bilateral reciprocal defense procurement memoranda of
understanding with the United States. The Comptroller General shall
complete the review, and submit to Congress a report on the results of
the review, not later than February 1, 1992.
SEC. 833. "41 USC 10b-2" BUY AMERICAN ACT WAIVER RESCISSIONS.
(a) DETERMINATION BY THE 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 the
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 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 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 1992 and 1993. 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 Agreement 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. 834. EXTENSION AND CLARIFICATION OF COVERAGE OF PROCUREMENT
LIMITATION ON VALVES AND MACHINE TOOLS.
(a) EXTENSION THROUGH FISCAL YEAR 1996. -- Section 2507(d) of title
10, United States Code, is amended in paragraph (1) by striking out
"During fiscal years 1989, 1990, and 1991," and inserting in lieu
thereof "Effective through fiscal year 1996,".
(b) APPLICABILITY. -- Such section is further amended --
(1) by striking out paragraph (4);
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting the following new paragraphs after paragraph
(2):
"(3) Contracts covered by paragraph (1) include the following:
"(A) Contracts for the procurement of items described in
paragraph (2) for use in any property under the control of the
Department of Defense, including government-owned,
contractor-operated facilities.
"(B) Contracts entered into by contractors on behalf of the
Department of Defense for the procurement of items described in
paragraph (2) for the purposes of providing the items to other
contractors as Government-furnished equipment.
"(4) In any case in which a contract subject to the requirement of
paragraph (1) includes the procurement of more than one Federal Supply
Class of machine tools or machine tools and accessories described in
paragraph (2), each supply class shall be evaluated separately for
purposes of determining whether the limitation in this subsection
applies.".
SEC. 835. REVISION OF RESTRICTION ON PROCUREMENT OF CARBONYL IRON
POWDERS.
Section 2507(e) of title 10, United States Code, is amended --
(1) in paragraph (1), by striking out "The Secretary" and
inserting in lieu thereof "Until January 1, 1993, the Secretary";
(2) by striking out paragraph (3);
(3) in paragraph (4)(A), by striking out "by an entity" and all
that follows and inserting in lieu thereof a period; and
(4) by redesignating paragraph (4) as paragraph (3).
SEC. 836. TECHNICAL CORRECTION RELATING TO PARTNERSHIP
INTERMEDIARIES.
Section 21(a) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3715) is amended by inserting after "federally funded
research and development center", the following: "that is not a
laboratory (as defined in section 12(d)(2))".
SEC. 841. REQUIREMENT FOR PURCHASE OF GASOHOL IN FEDERAL FUEL
PROCUREMENTS WHEN PRICE IS COMPARABLE.
(a) REQUIREMENT. -- Section 2398 of title 10, United States Code, is
amended --
(1) by inserting "(a) DOD MOTOR VEHICLES. -- " before "To the
maximum extent"; and
(2) by adding at the end the following subsections:
"(b) OTHER FEDERAL FUEL PROCUREMENTS. -- Consistent with the vehicle
management practices prescribed by the heads of affected departments and
agencies of the Federal Government and consistent with Executive Order
Number 12261, whenever the Secretary of Defense enters into a contract
for the procurement of unleaded gasoline that is subject to tax under
section 4081 of the Internal Revenue Code of 1986 for motor vehicles of
a department or agency of the Federal Government other than the
Department of Defense, the Secretary shall buy alcohol-gasoline blends
containing at least 10 percent domestically produced alcohol in any case
in which the price of such fuel is the same as, or lower than, the price
of unleaded gasoline.
"(c) SOLICITATIONS. -- Whenever the Secretary issues a solicitation
for bids to procure unleaded gasoline under subsection (b), the
Secretary shall expressly include in such solicitation a request for
bids on alcohol-gasoline blends containing at least 10 percent
domestically produced alcohol.".
(b) EFFECTIVE DATE. -- Section 2398(b) of title 10, "10 USC 2398
note" United States Code, as added by subsection (a), shall apply with
respect to contracts awarded pursuant to solicitations issued after the
expiration of the 180-day period beginning on the date of the enactment
of this Act.
(c) REPORT ON EXEMPTIONS. -- The Secretary of Defense shall review
all exemptions granted for the Department of Defense, and the
Administrator of the General Services Administration shall review all
exemptions granted for Federal agencies and departments, to the
requirements of section 2398 of title 10, United States Code, and
section 271 of the Energy Security Act (Public Law 96-294; 42 U.S.C.
8871) "42 USC 8871 note" and shall terminate any exemption that the
Secretary or the Administrator determines is no longer appropriate. Not
later than 90 days after the date of the enactment of this Act, the
Secretary and the Administrator shall submit jointly to Congress a
report on the results of the review, with a justification for the
exemptions that remain in effect under those provisions of law.
(d) "42 USC 8871 note" SENSE OF CONGRESS. -- It is the sense of
Congress that whenever any motor vehicle capable of operating on
gasoline or alcohol-gasoline blends that is owned or operated by the
Department of Defense or any other department or agency of the Federal
Government is refueled, it shall be refueled with an alcohol-gasoline
blend containing at least 10 percent domestically produced alcohol if
available along the normal travel route of the vehicle at the same or
lower price than unleaded gasoline.
SEC. 842. PROMPT PAYMENT FOR PURCHASE OF FISH.
Section 3903(a)(2) of title 31, United States Code, is amended --
(1) by striking out "provide" and inserting in lieu thereof "or
of fresh or frozen fish (as defined in section 204(3) of the Fish
and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), provide";
and
(2) by striking out "meat or meat food product" and inserting
in lieu thereof "meat, meat food product, or fish".
SEC. 843. "10 USC 1034 note" WHISTLEBLOWER PROTECTIONS FOR MEMBERS
OF THE ARMED FORCES.
(a) REGULATIONS REQUIRED. -- The Secretary of Defense shall
prescribe regulations prohibiting members of the Armed Forces from
taking or threatening to take any unfavorable personnel action, or
withholding or threatening to withhold a favorable personnel action, as
a reprisal against any member of the Armed Forces for making or
preparing a lawful communication to any employee of the Department of
Defense or any member of the Armed Forces who is assigned to or belongs
to an organization which has as its primary responsibility audit,
inspection, investigation, or enforcement of any law or regulation.
(b) VIOLATIONS BY PERSONS SUBJECT TO THE UCMJ. -- The Secretary
shall provide in the regulations that a violation of the prohibition by
a person subject to chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), is punishable as a violation of
section 892 of such title (article 92 of the Uniform Code of Military
Justice).
(c) DEADLINE. -- The regulations required by this section shall be
prescribed not later than 180 days after the date of the enactment of
this Act.
SEC. 901. POSITION OF DEPUTY UNDER SECRETARY OF DEFENSE FOR POLICY.
(a) ESTABLISHMENT. -- (1) Chapter 4 of title 10, United States Code,
is amended by inserting after section 134 the following new section:
"Section 134a. Deputy Under Secretary of Defense for Policy
"(a) There is a Deputy Under Secretary of Defense for Policy,
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
"(b) The Deputy Under Secretary of Defense for Policy shall assist
the Under Secretary of Defense for Policy in the performance of his
duties. The Deputy Under Secretary of Defense for Policy shall act for,
and exercise the powers of, the Under Secretary when the Under Secretary
is absent or disabled.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 134 the following:
"134a. Deputy Under Secretary of Defense for Policy.".
(b) EXECUTIVE SCHEDULE LEVEL IV. -- Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
"Deputy Under Secretary of Defense for Policy.".
SEC. 902. CINC INITIATIVE FUND.
(a) IN GENERAL. -- Chapter 6 of title 10, United States Code, is
amended by inserting after section 166 the following new section:
"Section 166a. Combatant commands: funding through the Chairman of
Joint Chiefs of Staff
"(a) CINC INITIATIVE FUND. -- From funds made available in any
fiscal year for the budget account in the Department of Defense known as
the 'CINC Initiative Fund', the Chairman of the Joint Chiefs of Staff
may provide funds, upon request, to the commanders of the combatant
commands. The Chairman may provide such funds for any of the activities
named in subsection (b).
"(b) AUTHORIZED ACTIVITIES. -- Activities for which funds may be
provided under subsection (a) are the following:
"(1) Force training.
"(2) Contingencies.
"(3) Selected operations.
"(4) Command and control.
"(5) Joint exercises (including activities of participating
foreign countries).
"(6) Humanitarian and civil assistance.
"(7) Military education and training to military and related
civilian personnel of foreign countries.
"(8) Personnel expenses of defense personnel for bilateral or
regional cooperation programs.
"(c) PRIORITY. -- The Chairman of the Joint Chiefs of Staff, in
considering requests for funds in the CINC Initiative Fund, should give
priority consideration to requests for funds to be used for activities
that would enhance the war fighting capability, readiness, and
sustainability of the forces assigned to the commander requesting the
funds.
"(d) RELATIONSHIP TO OTHER FUNDING. -- Any amount provided by the
Chairman of the Joint Chiefs of Staff during any fiscal year out of the
CINC Initiative Fund for an activity referred to in subsection (b) shall
be in addition to amounts otherwise available for that activity for that
fiscal year.
"(e) LIMITATIONS. -- (1) Of funds made available under this section
for any fiscal year --
"(A) not more than $7,000,000 may be used to purchase items
with a unit cost in excess of $15,000;
"(B) not more than $1,000,000 may be used to pay for any
expenses of foreign countries participating in joint exercises as
authorized by subsection (b)(5); and
"(C) not more than $500,000 may be used to provide military
education and training to military and related civilian personnel
of foreign countries as authorized by subsection (b)(7).
"(2) Funds may not be provided under this section for any activity
that has been denied authorization by Congress.
"(f) INCLUSION OF NORAD. -- For purposes of this section, the
Commander, United States Element, North American Aerospace Defense
Command shall be considered to be a commander of a combatant command.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
166 the following new item:
"166a. Combatant commands: funding through the Chairman of Joint
Chiefs of Staff.".
SEC. 903. ESTABLISHMENT OF GENERAL COUNSELS OF THE MILITARY
DEPARTMENTS AT LEVEL IV OF THE EXECUTIVE SCHEDULE.
(a) STATUTORY PAY GRADE. -- Chapter 53 of title 5, United States
Code, is amended --
(1) by adding at the end of section 5315 the following:
"General Counsel of the Department of the Army.
"General Counsel of the Department of the Navy.
"General Counsel of the Department of the Air Force."; and
(2) in section 5316 --
(A) by striking out the following:
"General Counsel of the Department of the Air Force.
"General Counsel of the Department of the Army."; and
(B) by striking out the following:
"General Counsel of the Department of the Navy.".
(b) CONFORMING AMENDMENT. -- Section 703(b) of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat.
1996; 5 U.S.C. 5316 note), is repealed.
SEC. 904. REPEAL OF REQUIRED REDUCTION IN DEFENSE ACQUISITION
WORKFORCE.
Section 905 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1621) "10 USC 1721 note" is
repealed.
SEC. 911. AUTHORITY TO HIRE CIVILIAN FACULTY MEMBERS FOR THE
INSTITUTE FOR NATIONAL STRATEGIC STUDY.
Section 1595(d) of title 10, United States Code, is amended by
inserting "the Institute for National Strategic Study," after "Armed
Forces Staff College,".
SEC. 912. DEFINITION OF THE PRINCIPAL COURSE OF INSTRUCTION AT THE
ARMED FORCES STAFF COLLEGE.
(a) PRINCIPAL COURSE OF INSTRUCTION DEFINED. -- Section 663(e) of
title 10, United States Code, is amended --
(1) by inserting "(1)" before "The"; and
(2) by adding at the end the following new paragraph:
"(2) In this subsection, the term 'principal course of instruction'
means any course of instruction offered at the Armed Forces Staff
College as Phase II joint professional military education.".
(b) APPLICATION OF AMENDMENT. -- The amendment made by subsection
(a)(2) "10 USC 663 note" shall not apply with respect to the Armed
Forces Staff College until October 1, 1993.
SEC. 921. "10 USC 201 note" DEFENSE INTELLIGENCE AGENCY.
(a) SUPERVISION. -- Subject to the authority, direction, and control
of the Secretary of Defense, the Assistant Secretary of Defense referred
to in section 136(b)(3) of title 10, United States Code, may during the
period beginning on the date of the enactment of this Act and ending on
January 1, 1993, be assigned supervision of the Defense Intelligence
Agency but, notwithstanding any other provision of law, may not be
assigned day-to-day operational control over the Defense Intelligence
Agency.
(b) RESPONSIBILITIES OF DIRECTOR. -- Subject to the authority,
direction, and control of the Secretary of Defense, the responsibilities
of the Director of the Defense Intelligence Agency during the period
beginning on the date of the enactment of this Act and ending on January
1, 1993, shall include the following:
(1) Providing intelligence and intelligence support to --
(A) the Secretary of Defense;
(B) the Director of Central Intelligence;
(C) the Chairman of the Joint Chiefs of Staff; and
(D) the commanders of the unified and specified combatant
commands.
(2) Managing the General Defense Intelligence Program,
including --
(A) preparing, reviewing, and submitting to the Secretary of
Defense and the Director of Central Intelligence the budget
proposal for that program for any fiscal year; and
(B) supervising the overall execution of the budgets and
programs of all functional areas within the General Defense
Intelligence Program, with emphasis on science and technology
activities, human intelligence activities, and imagery activities.
(3) Ensuring that the roles and authorities of the functional
managers within the Defense Intelligence Agency are strong enough
to ensure that those managers have a significant role in the
preparation, review, approval, and supervision of the overall
execution of the budgets and programs within their areas of
responsibility.
The provision of substantive intelligence by the Director to the
officers named in paragraph (1) shall not be subject to prior screening
by any other official.
(c) TRANSFER OF CERTAIN ACTIVITIES TO DIA. -- The Secretary of the
Army and the Director of the Defense Intelligence Agency shall take all
required actions, including transfer of all necessary resources, in
order to transfer the Armed Forces Medical Intelligence Center and the
Missile and Space Intelligence Center from the Department of the Army to
the control of the Defense Intelligence Agency. Transfers pursuant to
the preceding sentence shall be completed not later than January 1,
1992.
SEC. 922. CONSULTATION REQUIRED CONCERNING APPOINTMENT OF DIRECTORS
OF DIA AND NSA.
(a) IN GENERAL. -- Subchapter II of chapter 8 of title 10, United
States Code, is amended --
(1) by redesignating section 201 as section 202; and
(2) by inserting after the table of sections at the beginning
of such subchapter the following new section 201:
"Section 201. Consultation regarding appointment of certain
intelligence officials
"Before submitting a recommendation to the President regarding the
appointment of an individual to the position of Director of the Defense
Intelligence Agency or Director of the National Security Agency, the
Secretary of Defense shall consult with the Director of Central
Intelligence regarding the recommendation.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such subchapter is amended by striking out the item relating to section
201 and inserting in lieu thereof the following:
"201. Consultation regarding appointment of certain intelligence
officials.
"202. Unauthorized use of Defense Intelligence Agency name,
initials, or seal.".
SEC. 923. "10 USC 201 note" JOINT INTELLIGENCE CENTER.
(a) REQUIREMENT FOR CENTER. -- The Secretary of Defense shall direct
the consolidation of existing single-service current intelligence
centers that are located within the District of Columbia or its vicinity
into a joint intelligence center that is responsible for preparing
current intelligence assessments (including indications and warning).
The joint intelligence center shall be located within the District of
Columbia or its vicinity. As appropriate for the support of military
operations, the joint intelligence center shall provide for and manage
the collection and analysis of intelligence.
(b) MANAGEMENT. -- The Center shall be managed by the Defense
Intelligence Agency in its capacity as the intelligence staff activity
of the Chairman of the Joint Chiefs of Staff.
(c) RESPONSIVENESS TO COMMAND AUTHORITIES. -- The Secretary shall
ensure that the center is fully responsive to the intelligence needs of
the Secretary, the Chairman of the Joint Chiefs of Staff, and the
commanders of the combatant commands.
SEC. 924. "10 USC 113 note" DEPARTMENT OF DEFENSE USE OF NATIONAL
INTELLIGENCE COLLECTION SYSTEMS.
(a) PROCEDURES FOR USE. -- The Secretary of Defense, after
consultation with the Director of Central Intelligence, shall prescribe
procedures for regularly and periodically exercising national
intelligence collection systems and exploitation organizations that
would be used to provide intelligence support, including support of the
combatant commands, during a war or threat to national security.
(b) USE IN JOINT TRAINING EXERCISES. -- In accordance with
procedures prescribed under subsection (a), the Chairman of the Joint
Chiefs of Staff shall provide for the use of the national intelligence
collection systems and exploitation organizations in joint training
exercises to the extent necessary to ensure that those systems and
organizations are capable of providing intelligence support, including
support of the combatant commands, during a war or threat to national
security.
(c) REPORT. -- Not later than May 1, 1992, the Secretary of Defense
and the Director of Central Intelligence shall submit to the
congressional defense committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of the
House of Representatives a joint report --
(1) describing the procedures prescribed under subsection (a);
and
(2) stating the assessment of the Chairman of the Joint Chiefs
of Staff of the performance in joint training exercises of the
national intelligence collection systems and the Chairman's
recommendations for any changes that the Chairman considers
appropriate to improve that performance.
SEC. 1001. 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 1992 between any such authorizations for that fiscal year (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
$2,250,000,000.
(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 AUTHORIZATION AMOUNTS. -- A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) NOTICE TO CONGRESS. -- The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this section.
SEC. 1002. DATE FOR TRANSMITTAL OF JOINT OMB/CBO ANNUAL OUTLAY
REPORT.
(a) CODIFICATION AND CHANGE IN DATE. -- (1) Subtitle A of title 10,
United States Code, is amended by striking out chapter 9 and inserting
in lieu thereof the following:
"Sec.
"221. Scoring of outlays.
"Section 221. Scoring of outlays
"(a) ANNUAL OMB/CBO REPORT. -- Not later than the day on which the
budget for any fiscal year is submitted to Congress pursuant to section
1105 of title 31, 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 --
"(1) 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
that budget; and
"(2) the technical assumptions to be used by the Congressional
Budget Office in preparing estimates with respect to those
accounts for that budget.
"(b) USE OF AVERAGES. -- If the two Directors are unable to agree
upon any technical assumption, the report shall reflect the average of
the relevant outlay rates or assumptions used by the two offices.
"(c) MATTERS TO BE INCLUDED. -- The report with respect to a budget
shall identify the following:
"(1) The agreed first-year and outyear outlay rates for each
account in budget function 050 (National Defense) for each fiscal
year covered by the budget.
"(2) The agreed amount of outlays estimated to occur from
unexpended appropriations made for fiscal years before the fiscal
year that begins after submission of the report.".
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part I of subtitle A, of title 10, United States Code, are
each amended by striking out the item relating to chapter 9 and
inserting in lieu thereof the following:
"9. Defense Budget Matters ............................. 221".
(b) CONFORMING AMENDMENTS. -- Section 5 of Public Law 101-189 (10
U.S.C. 114a note; 103 Stat. 1364) is amended --
(1) by striking out subsection (a);
(2) by redesignating subsection (b) as subsection (a) and in
that subsection striking out "subsection (i)(1)" and inserting in
lieu thereof "section 221 of title 10, United States Code."; and
(3) by redesignating subsection (c) as subsection (b).
SEC. 1003. FOREIGN NATIONAL EMPLOYEES SEPARATION PAY ACCOUNT.
(a) ESTABLISHMENT OF ACCOUNT. -- (1) Chapter 81 of title 10, United
States Code, is amended by inserting before section 1583 the following
new section:
"Section 1581. Foreign National Employees Separation Pay Account
"(a) ESTABLISHMENT AND PURPOSE. -- There is established on the books
of the Treasury an account to be known as the 'Foreign National
Employees Separation Pay Account, Defense'. The account shall be used
for the accumulation of funds to finance obligations of the United
States for separation pay for foreign national employees of the
Department of Defense.
"(b) DEPOSITS INTO ACCOUNT. -- (1) The Secretary of the Treasury
shall deposit into the account all amounts that were obligated by the
Secretary of Defense before the date of the enactment of this section
and that remain unexpended for separation pay for foreign national
employees of the Department of Defense.
"(2) The Secretary of Defense shall deposit into the account from
applicable appropriations all amounts obligated on or after the date of
the enactment of this section for separation pay for foreign national
employees of the Department of Defense.
"(c) PAYMENTS FROM ACCOUNT. -- Amounts in the account shall remain
available for expenditure in accordance with the purpose for which
obligated until expended.
"(d) DEOBLIGATED FUNDS. -- Any amount in the account that is
deobligated shall be available for a period of two years from the date
of deobligation for recording, adjusting, and liquidating amounts
properly chargeable to the liability of the United States for which the
obligation was made. Any such deobligated amount remaining at the end
of such two-year period shall be canceled.
"(e) EMPLOYEES COVERED. -- This section applies only with respect to
separation pay of foreign nationals employed by the Department of
Defense under any of the following agreements that provide for payment
of separation pay:
"(1) A contract.
"(2) A treaty.
"(3) A memorandum of understanding with a foreign nation.".
(2) The table of sections at the beginning of such chapter is amended
by inserting before the item relating to section 1583 the following new
item:
"1581. Foreign National Employees Separation Pay Account.".
(b) CONFORMING AMENDMENTS. -- Section 1592 of title 10, United
States Code, is amended --
(1) by inserting "(including funds in the Foreign National
Employees Separation Pay Account, Defense, established under 1581
of this title)" after "Funds available to the Department of
Defense"; and
(2) by striking out "a contract performed in a foreign country"
and inserting in lieu thereof "a contract, a treaty, or a
memorandum of understanding with a foreign nation that provides
for payment of separation pay".
SEC. 1004. REVISION OF REPORTING REQUIREMENT REGARDING THE EFFECT OF
CERTAIN PAYMENTS AND ADJUSTMENTS ON THE FEDERAL DEFICIT.
(a) TEMPORARY REQUIREMENT FOR OMB REPORT. -- At the same time that
the President submits to Congress the budget for each of fiscal years
1993, 1994, 1995, and 1996 under section 1105 of title 31, "31 USC 1554
note" United States Code, the Director of the Office of Management and
Budget shall submit to Congress a report regarding the effect on the
Federal deficit of payments and adjustments made with respect to
sections 1552 and 1553 of such title for the fiscal year in which such
budget is submitted, the fiscal year preceding that fiscal year, and the
fiscal year covered by that budget. The report shall include separate
estimates for the accounts of each agency.
(b) ELIMINATION OF PERMANENT REQUIREMENT FOR CBO REPORT. -- Section
1554 of title 31, United States Code, is amended --
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1005. "10 USC 114 note" INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX. -- The Classified Annex prepared by
the Committee of Conference to accompany the conference report on the
bill H.R. 2100 of the One Hundred Second Congress and transmitted to the
President is hereby incorporated into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT. -- The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS. -- Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) DISTRIBUTION OF CLASSIFIED ANNEX. -- The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1011. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND SERVICES.
Section 1425 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended --
(1) in subsection (a), by striking out "During fiscal year
1991, naval" and inserting in lieu thereof "Naval";
(2) by adding at the end the following new subsection:
"(e) EXPIRATION OF AUTHORITY. -- The authority provided by this
section expires on September 30, 1992."; and
(3) by striking out "DURING FISCAL YEAR 1991" in the section
heading.
SEC. 1012. TRANSFER OF OBSOLETE AIRCRAFT CARRIER ORISKANY.
(a) AUTHORITY. -- Notwithstanding subsections (a) and (c) of section
7308 of title 10, United States Code, but subject to subsection (b) of
that section, the Secretary of the Navy may transfer the obsolete
aircraft carrier Oriskany (CV 34) to the nonprofit organization City of
America for cultural and educational purposes.
(b) LIMITATION. -- The transfer authorized by subsection (a) may be
made only if the Secretary of the Navy determines that the vessel is of
no further use to the United States for national security purposes.
(c) RESTRICTIONS ON TRANSFER. -- The transfer authorized by
subsection (a) may not be made until --
(1) the United States has received from or on behalf of the
City of America an amount not less than the estimated scrap value
of the vessel (as determined by the Secretary of the Navy) that
would otherwise be received by the United States if the vessel
were not transferred pursuant to this section; and
(2) City of America has agreed in writing that all work
necessary to restore the Oriskany will be performed in United
States shipyards.
(d) TERMS AND CONDITIONS. -- The Secretary of the Navy may require
such terms and conditions in connection with the transfer authorized by
this section as the Secretary considers appropriate.
SEC. 1013. TRANSFER OF OBSOLETE RESEARCH VESSEL GYRE.
(a) AUTHORITY TO TRANSFER VESSEL. -- Notwithstanding subsections (a)
and (c) of section 7308 of title 10, United States Code, but subject to
subsection (b) of that section, the Secretary of the Navy may transfer
the obsolete research vessel Gyre to the Texas Agricultural and
Mechanical University for education and research purposes.
(b) LIMITATION. -- The transfer authorized by subsection (a) may be
made only if the Secretary determines that the vessel Gyre is of no
further use to the United States for national security purposes.
(c) TERMS AND CONDITIONS. -- The Secretary may require such terms
and conditions in connection with the transfer authorized by this
section as the Secretary considers appropriate.
SEC. 1014. REPORT ON CRITERIA USED BY NAVY FOR RECOMMENDING APPROVAL
OF SUBMARINE EXPORT LICENSE.
Not later than four months after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the congressional defense
committees a report on the matters that would be taken into account and
the criteria that would be used by the Secretary in determining whether
to recommend to the Secretary of State that a license for the export of
a submarine constructed in the United States be granted to the applicant
for the license.
SEC. 1015. FAST SEALIFT PROGRAM.
Section 1424 of Public Law 101-510 (104 Stat. 1683) "10 USC 7291
note" is amended by adding at the end of subsection (b) the following:
"(4) The vessels constructed under the program shall
incorporate propulsion systems, bridge and machinery control
systems, and interior communications equipment manufactured in the
United States.".
SEC. 1016. OVERHAUL OF THE U.S.S. JOHN F. KENNEDY (CV-67).
(a) OVERHAUL REQUIRED. -- The Secretary of the Navy shall, subject
to amounts provided in appropriations Acts, carry out a complex overhaul
of the U.S.S. John F. Kennedy at the Philadelphia Naval Shipyard. In
carrying out the overhaul, the Secretary shall plan the start of the
overhaul for September 1993 and shall manage the overhaul project so
that the duration of the overhaul is approximately 24 months and the
cost of the overhaul is approximately $491,300,000.
(b) USE OF UNOBLIGATED FISCAL YEAR 1991 FUNDS. -- From funds
appropriated for shipbuilding and conversion for the Navy for fiscal
year 1991 for the service life extension of the U.S.S. John F. Kennedy
that remain unobligated, the Secretary of the Navy may use such amounts
as may be provided in appropriations Acts, not to exceed $105,000,000,
for the complex overhaul of the U.S.S. John F. Kennedy at Philadelphia
Naval Shipyard.
(c) USE OF AUTHORIZED APPROPRIATIONS. -- (1) Of the amounts
authorized to be appropriated for the Navy for operation and maintenance
for each of fiscal years 1992 and 1993, the following amounts shall be
made available only for overhaul of the U.S.S. John F. Kennedy pursuant
to this section:
(A) For fiscal year 1992, $16,000,000.
(B) For fiscal year 1993, $252,000,000.
(2) Of the amounts authorized to be appropriated for the Navy for
other procurement for each of fiscal years 1992 and 1993, the following
amounts shall be made available only for overhaul of the U.S.S. John F.
Kennedy pursuant to this section:
(A) For fiscal year 1992, $12,300,000.
(B) For fiscal year 1993, $33,600,000.
(3) Of amounts authorized to be appropriated for the Department of
Defense, not more than $491,300,000 may be expended on the complex
overhaul of the U.S.S. John F. Kennedy at the Philadelphia Naval
Shipyard.
(d) REPEAL OF RELATED PROVISION. -- Section 203 of Public Law 102-27
(105 Stat. 139) is repealed.
SEC. 1017. INAPPLICABILITY TO INFLATABLE BOATS OF RESTRICTION ON
CONSTRUCTION IN FOREIGN SHIPYARDS.
Section 7309 of title 10, United States Code, is amended by adding at
the end the following new subsection:
"(d) An inflatable boat or a rigid inflatable boat, as defined by the
Secretary of the Navy, is not a vessel for the purpose of the
restriction in subsection (a).".
SEC. 1021. PROHIBITION RELATING TO DEACTIVATION OF NAVAL RESERVE
HELICOPTER MINE COUNTERMEASURES SQUADRONS.
Funds appropriated or otherwise made available for the Department of
Defense for fiscal years before fiscal year 1994 may not be used to
deactivate Naval helicopter mine countermeasures squadrons HM-18 and
HM-19 as units in the Naval Reserve.
SEC. 1022. REPEAL OF REQUIREMENT FOR TRANSFER OF CERTAIN AIRCRAFT TO
AIR FORCE RESERVE COMPONENTS.
Section 1436 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1688) is repealed.
SEC. 1023. AUTHORITY TO WAIVE REQUIREMENT TO TRANSFER TACTICAL
AIRLIFT MISSION TO RESERVE COMPONENTS.
(a) WAIVER AUTHORITY. -- Section 1438 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1689) is amended --
(1) in subsection (a), by striking out "Not later than
September 30, 1992, the Secretary of Defense shall assign the
tactical airlift mission of the Department of Defense" and
inserting in lieu thereof "The Secretary of the Air Force shall
assign the tactical airlift mission of the Air Force"; and
(2) by adding at the end the following new subsection:
"(d) The Secretary of the Air Force may waive subsection (a) for any
fiscal year if, not later than May 1 of the year in which that fiscal
year begins, the Secretary certifies to the congressional defense
committees that --
"(1) the requirements for tactical airlift capability of the
commanders of the unified commands during that fiscal year require
continued operation of tactical airlift aircraft by active duty
Air Force units; and
"(2) the budget submitted to Congress pursuant to section
1105(a) of title 31, United States Code, for that fiscal year and
the multiyear defense program submitted to Congress in connection
with that budget pursuant to section 114a of title 10, United
States Code, propose sufficient funding to procure tactical
airlift aircraft of the type required by the commanders of the
unified commands for active Air Force tactical airlift
squadrons.".
(b) INAPPLICABILITY DURING FISCAL YEAR 1992. -- Section 1438 of such
Act, as amended by subsection (a), shall not apply during fiscal year
1992.
SEC. 1024. AUTHORITY FOR WAIVER OF REQUIREMENT FOR TRANSFER OF A-10
AIRCRAFT TO THE ARMY AND MARINE CORPS.
(a) AMENDMENT. -- Section 1439(b)(2) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1689) is amended by striking out ", by not later than September 30,
1996,".
(b) WAIVER AUTHORITY. -- The Secretary of Defense may waive section
1439(b)(2) of the National Defense Authorization Act for Fiscal Year
1991, as amended by subsection (a), for any fiscal year if, not later
than May 1 of the year in which that fiscal year begins, the Secretary
certifies to the congressional defense committees the following:
(1) That it will be necessary during that fiscal year and for
subsequent fiscal years for E-8 surveillance aircraft to be used
to carry out mission requirements of the commanders of the unified
commands in the respective theaters of operations for which those
commanders are responsible.
(2) That the total number of aircraft proposed to be procured
under the E-8A Joint Surveillance and Target Attack Radar System
(JSTARS) aircraft program is sufficient to meet the war fighting
needs of the commanders of the unified commands.
(3) That the budget submitted to Congress pursuant to section
1105(a) of title 31, United States Code, for that fiscal year and
the multiyear defense program submitted to Congress in connection
with that budget pursuant to section 114a of title 10, United
States Code, propose sufficient resources for the procurement of
JSTARS aircraft in the quantities, and at the rate, necessary to
meet the operational needs of the commanders of the unified
commands at the earliest practicable date.
(4) That any subsequent reduction in the procurement objective
for the JSTARS aircraft program from the levels certified pursuant
to paragraph (3) will be established solely on the basis of
reduced war fighting requirements identified by the commanders of
the unified commands.
(5) That there are no technical limitations with the JSTARS
aircraft program that would otherwise necessitate a change in the
schedule for fielding the JSTARS aircraft under the program.
(c) CONSULTATION. -- Before submitting a certification pursuant to
subsection (b), the Secretary of Defense shall consult with the
commanders of the unified commands, the Chairman of the Joint Chiefs of
Staff, and the Under Secretary of Defense for Acquisition regarding the
matters to be certified. The certification shall include a
certification by the Secretary that the Secretary has consulted with
those officers.
(d) INAPPLICABILITY DURING FISCAL YEAR 1992. -- Section 1439 of such
Act, as amended by subsection (a), shall not apply during fiscal year
1992.
SEC. 1041. SENSE OF CONGRESS REGARDING UNITED STATES TROOPS IN
EUROPE.
It is the sense of Congress that --
(1) the United States has a strong interest in continuing and
strengthening the North Atlantic Treaty Organization (NATO) to
preserve world peace and security and to aid in the transition to
a Europe that is whole and free;
(2) the United States should work with its NATO allies to adapt
NATO to better respond to the changing world situation, which
includes --
(A) the dissolution of the Warsaw Pact as a military and
political alliance;
(B) the reduction in the threat of attack on western Europe
posed by the Soviet Union;
(C) the reduction in the amount of financial resources that the
United States is able to devote to defense spending; and
(D) the improved ability of other member nations of NATO to
carry a greater share of the common NATO defense burden;
(3) barring unforeseen developments which result in a
substantial increase in the threat to the national security of the
United States, the Armed Forces should plan for an end strength
level of members of the Armed Forces assigned to permanent duty
ashore in European member nations of NATO that should not exceed
approximately 100,000 members by the end of fiscal year 1995; and
(4) a principal function of the members so assigned should be
to facilitate the rapid and large-scale reception of reinforcing
United States troops in the event of a military necessity.
SEC. 1042. REDUCTION IN AUTHORIZED END STRENGTH FOR THE NUMBER OF
MILITARY PERSONNEL IN EUROPE.
(a) REDUCTION. -- Section 1002(c)(1) of the Department of Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), is amended in the first
sentence by striking out "261,855" and inserting in lieu thereof
"235,700".
(b) WAIVER AUTHORITY. -- Such section is amended in the third
sentence --
(1) by striking out "261,855" and inserting in lieu thereof
"235,700"; and
(2) by striking out "311,855" and inserting in lieu thereof
"261,855".
SEC. 1043. STRATEGIC FRAMEWORK AND DISTRIBUTION OF RESPONSIBILITIES
FOR THE SECURITY OF ASIA AND THE PACIFIC.
(a) FINDINGS. -- Congress makes the following findings:
(1) The alliance between the United States and its allies in
East Asia contributes greatly to the security of that region.
(2) It is in the national interest of the United States to
maintain a forward military and naval presence in East Asia.
(3) The pace of economic, political, and social advances in
many of the East Asian countries, particularly Japan and South
Korea, continues to accelerate.
(4) As a result of such advances the capacity of those
countries to contribute to the responsibilities for their own
defense has increased dramatically.
(5) While the level of defense burdensharing by Japan and South
Korea has increased, continued acceleration of the rate of
transfer of that burden is desirable.
(6) The United States remains committed to the security of its
friends and allies in Asia and the Pacific Rim region.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) the United States should regularly review the missions,
force structure, and locations of its military forces in Asia and
the Pacific, including Hawaii;
(2) the United States should also regularly review its basing
structure in the Pacific and Asia, with special attention to
developments in the Philippines, Japan, and South Korea, and
determine basing, forward deployments, maritime and land base
prepositioning, amphibious forces, and strategic lift to meet
evolving strategic needs;
(3) the United States should regularly review the threats and
potential threats to regional peace, the United States, and its
friends and allies;
(4) the United States should continue to assess the feasibility
and desirability of the ongoing partial, gradual reduction of
military forces in Asia and the Pacific;
(5) in view of the advances referred to in subsection (a)(3),
Japan and South Korea should continue to assume increased
responsibility for their own security and the security of the
region;
(6) Japan and South Korea should continue to offset the direct
costs incurred by the United States in deploying military forces
for the defense of those countries including costs related to the
presence of United States military forces in those countries; and
(7) Japan should continue to contribute to improvements to
global stability by contributing to countries in regions of
importance to world stability through the Official Development
Assistance Program of Japan.
(c) REPORT REQUIRED. -- Not later than April 1, 1992, the President
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 strategic posture and
military force structure of the United States in Asia and the Pacific,
including the forces in Hawaii. The President shall include in such
report a strategic plan relating to the continued United States presence
in that region.
(d) CONTENT OF REPORT. -- The report required by subsection (c)
shall specifically include the following matters:
(1) An assessment of the trends in the regional military
balance involving potential threats to the United States and its
allies and friends in Asia and the Pacific, with special attention
to --
(A) the implications of recent developments in the Soviet Union
and the People's Republic of China for United States and allied
security planning in Asia and the Pacific; and
(B) regional conflicts, such as the struggle in Cambodia.
(2) An assessment of the trends in acquiring and deploying
nuclear, biological, and chemical weapons and long range missiles
and other delivery systems and other destabilizing transfers of
arms and technology.
(3) An assessment of the extent to which a requirement
continues to exist for a regional security role for the United
States in East Asia.
(4) An identification of any changes --
(A) in the missions, force structure, and locations of United
States military forces in Asia and the Pacific that could
strengthen the capabilities of such forces and lower the costs of
maintaining such forces; and
(B) in contingency and reserve armed forces in the United
States and other areas.
(5) A review of the United States basing structure in the
Pacific and Asia with special attention to developments in the
Philippines, Japan, and South Korea, including a review of the
implications for basing, forward deployments, maritime, and land
base prepositioning, amphibious forces, and strategic lift to meet
evolving strategic needs.
(6) A discussion of the strategic implications of the departure
of United States forces from Clark Air Force Base and of the
remaining facilities in the Philippines.
(7) A discussion of the need for expanding the United States
access to facilities in Singapore and other states in East Asia
that are friendly to the United States.
(8) A discussion of the recent trends in the contributions to
burdensharing and the common defense being made by the friends and
allies of the United States in Asia and the ways in which
increased defense responsibilities and costs presently borne by
the United States can be transferred to the friends and allies of
the United States in Asia and the Pacific.
(9) An assessment of the feasibility of relocating United
States military personnel and facilities in Japan and South Korea
to reduce friction between such personnel and the people of those
countries.
(10) A discussion of any changes in bilateral command
arrangements that would facilitate a transfer of military missions
and command to allies of the United States in East Asia.
(11) A discussion of the changes in --
(A) the flow of arms and military technology between the United
States and its friends and allies;
(B) the balance of trade in arms and technology; and
(C) the dependence and interdependence between the United
States and its friends and allies in military technology.
SEC. 1044. UNITED STATES TROOPS IN KOREA.
(a) FINDINGS. -- Congress makes the following findings:
(1) The United States plans to reduce its troop presence in the
Republic of Korea to 36,500 personnel by the end of 1992.
(2) The Department of Defense has not announced specific plans
for further personnel reductions below that level.
(3) The National Unification Board of South Korea estimates the
gross national product (GNP) of North Korea to have been
$21,000,000,000 in 1989, while the Bank of Korea estimates that
the size of the Republic of Korea's economy in that year was
$210,000,000,000, a factor of 10 larger. At its current growth
rate, as estimated by the Economic Planning Board of the Republic
of Korea, the annual expansion of the economy of the Republic of
Korea is nearly equivalent in size to the entire North Korean
economy.
(4) The Republic of Korea continues to face a substantial
military threat from North Korea that requires a vigorous response
on both military and diplomatic levels.
(5) The Republic of Korea has decided to increase its level of
host nation support, although such support still falls short of
the actual cost involved and short of the relative level provided
by the Government of Japan.
(6) While recognizing that the Republic of Korea has
consistently increased its defense budget in real terms by an
average of about 6 percent annually for the past five years, to a
current level of 4.2 percent of gross national product, the
Republic of Korea devotes a smaller share of its economy to
defense than does the United States, at 4.9 percent of gross
national product.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(1) the Republic of Korea remains an important ally of the
United States, with the two countries sharing important political,
economic, and security interests;
(2) commensurate with the security situation on the Korean
peninsula and the size and vitality of the economy of the Republic
of Korea --
(A) the Department of Defense should consider whether future
reductions of United States military forces from the Republic of
Korea beyond those now planned to be completed by the end of 1992
can be made in a way that does not undermine the credibility or
effectiveness of those forces against an attack by North Korea;
and
(B) the Republic of Korea should undertake greater efforts to
meet its security requirements, particularly in the area of force
modernization; and
(3) the Government of the Republic of Korea should increase the
level of host nation support it provides to United States forces
in the area so that its relative level more closely approximates
that of Japan.
(c) PRESIDENTIAL REPORT. -- (1) The President shall transmit to
Congress, either separately or as part of another relevant report, a
report on the overall security situation on the Korean peninsula, the
implications of relevant political and economic developments in the area
for the security situation there, and United States policy for the area.
(2) Issues covered in the report shall include --
(A) a qualitative and quantitative assessment of the military
balance on the Korean peninsula;
(B) a description of the material requirements of the armed
forces of the Republic of Korea;
(C) a description of United States military personnel
requirements;
(D) a description of the state of United States-Republic of
Korea relations, the state of China-Republic of Korea relations,
and the state of Soviet-Republic of Korea relations; and
(E) a description of prospects for change in North Korea.
(3) The report shall be transmitted not later than June 30, 1992, and
shall be transmitted in both classified and unclassified form.
SEC. 1045. BURDENSHARING CONTRIBUTIONS BY JAPAN AND THE REPUBLIC OF
KOREA.
(a) AUTHORITY TO ACCEPT CONTRIBUTIONS. -- During fiscal years 1992
and 1993, the Secretary of Defense may accept cash contributions from
Japan and the Republic of Korea for the purposes specified in subsection
(c).
(b) CREDIT TO APPROPRIATIONS. -- Contributions accepted in a fiscal
year under subsection (a) shall be credited to appropriations of the
Department of Defense that are available for that fiscal year for the
purposes for which the contributions are made. The contributions so
credited shall be --
(1) merged with the appropriations to which they are credited;
and
(2) available for the same time period as those appropriations.
(c) AVAILABILITY OF CONTRIBUTIONS. -- Contributions accepted under
subsection (a) shall be available only for the payment of the following
costs in the country making the contributions:
(1) Compensation for local national employees of the Department
of Defense.
(2) Military construction projects of the Department of
Defense.
(3) Supplies and services of the Department of Defense.
(d) AUTHORIZATION OF MILITARY CONSTRUCTION. -- Contributions
credited under subsection (b) to an appropriation account of the
Department of Defense may be used --
(1) by the Secretary of Defense to carry out a military
construction project that is consistent with the purposes for
which the contributions were made and is not otherwise authorized
by law; or
(2) by the Secretary of a military department, with the
approval of the Secretary of Defense, to carry out such a project.
(e) NOTICE AND WAIT REQUIREMENTS. -- (1) When a decision is made to
carry out a military construction project under subsection (d), the
Secretary of Defense shall submit a report to the congressional defense
committees containing --
(A) an explanation of the need for the project;
(B) the then current estimate of the cost of the project; and
(C) a justification for carrying out the project under that
subsection.
(2) The Secretary of Defense or the Secretary of a military
department may not commence a military construction project under
subsection (d) until the end of the 21-day period beginning on the date
on which the Secretary of Defense submits the report under paragraph (1)
regarding the project.
(f) REPORTS. -- Not later than 30 days after the end of each quarter
of fiscal years 1992 and 1993, the Secretary of Defense shall submit to
the congressional defense committees a report specifying separately for
Japan and the Republic of Korea --
(1) the amount of the contributions accepted by the Secretary
during the preceding quarter under subsection (a) and the purposes
for which the contributions were made; and
(2) the amount of the contributions expended by the Secretary
during the preceding quarter and the purposes for which the
contributions were expended.
SEC. 1046. "22 USC 1928 note" DEFENSE COST-SHARING.
(a) DEFENSE COST-SHARING AGREEMENTS. -- (1) The President shall
consult with the foreign nations described in paragraph (2) to seek to
achieve, within 12 months after the date of the enactment of this Act,
an agreement on equitable defense cost-sharing with each such nation.
(2) The foreign nations referred to in paragraph (1) are --
(A) each member nation of the North Atlantic Treaty
Organization (other than the United States); and
(B) every other foreign nation with which the United States has
a bilateral or multilateral defense agreement that provides for
the assignment of combat units of the Armed Forces of the United
States to permanent duty in the nation or the placement of combat
equipment of the United States in the nation.
(3) Each defense cost-sharing agreement entered into under paragraph
(1) should provide that the foreign nation agrees to share equitably
with the United States, through cash compensation or in-kind
contributions, or a combination thereof, the costs to the United States
that arise solely from the implementation of the provisions of the
bilateral or multilateral defense agreement with that nation.
(b) EXCEPTION. -- The provisions of subsection (a) shall not apply
to those foreign nations that receive assistance under section 23 of the
Arms Export Control Act (22 U.S.C. 2763) relating to the foreign
military financing program or under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.) relating to the Economic
Support Fund.
(c) CONSULTATIONS. -- In conducting the consultations required under
subsection (a), the President should make maximum feasible use of the
Department of Defense and the post of Ambassador-at-Large created by
section 8125(c) of the Department of Defense Appropriations Act, 1989
(10 U.S.C. 113 note).
(d) ALLIES MUTUAL DEFENSE PAYMENTS ACCOUNT. -- The Secretary of
Defense shall maintain an accounting for defense cost-sharing under each
agreement entered into with a foreign nation pursuant to subsection (a).
The accounting shall show for each foreign nation the amount and nature
of the --
(1) cost-sharing contributions agreed to by the nation;
(2) cost-sharing contributions delivered by the nation;
(3) additional contributions by the nation to any commonly
funded multilateral programs providing for United States
participation in the common defense;
(4) contributions by the United States to any such commonly
funded multilateral programs;
(5) contributions of all other nations to any such commonly
funded multilateral programs; and
(6) costs to the United States that arise solely from the
implementation of the provisions of the bilateral or multilateral
defense agreement with the nation.
(e) REPORTING REQUIREMENTS. -- The Secretary of Defense shall
include in each Report on Allied Contributions to the Common Defense
prepared under section 1003 of Public Law 98-525 (22 U.S.C. 1928 note)
information, in classified and unclassified form --
(1) describing the efforts undertaken and the progress made by
the President in carrying out subsections (a) and (c) during the
period covered by the report;
(2) specifying the accounting of defense cost-sharing
contributions maintained under subsection (d) during that period;
and
(3) assessing how equitably foreign nations not described in
subsection (a) or excepted under subsection (b) are sharing the
costs and burdens of implementing defense agreements with the
United States and how those defense agreements serve the national
security interests of the United States.
SEC. 1047. USE OF CONTRIBUTIONS OF FRIENDLY FOREIGN COUNTRIES AND
NATO FOR COOPERATIVE DEFENSE PROJECTS.
(a) IN GENERAL. -- Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
"Section 2350i. Foreign contributions for cooperative projects
"(a) CREDITING OF CONTRIBUTIONS. -- Whenever the United States
participates in a cooperative project with a friendly foreign country or
the North Atlantic Treaty Organization (NATO) on a cost-sharing basis,
any contribution received by the United States from that foreign country
or NATO to meet its share of the costs of the project may be credited to
appropriations available to an appropriate military department or
another appropriate organization within the Department of Defense, as
determined by the Secretary of Defense.
"(b) USE OF AMOUNTS CREDITED. -- The amount of a contribution
credited pursuant to subsection (a) to an appropriation account in
connection with a cooperative project referred to in that subsection
shall be available only for payment of the share of the project expenses
allocated to the foreign country or NATO making the contribution.
Payments for which such amount is available include the following:
"(1) Payments to contractors and other suppliers (including the
Department of Defense and other participants acting as suppliers)
for necessary articles and services.
"(2) Payments for any damages and costs resulting from the
performance or cancellation of any contract or other obligation.
"(3) Payments or reimbursements of other program expenses,
including program office overhead and administrative costs.
"(4) Refunds to other participants.
"(c) DEFINITIONS. -- In this section:
"(1) The term 'cooperative project' means a jointly managed
arrangement, described in a written cooperative agreement entered
into by the participants, that --
"(A) is undertaken by the participants in order to improve the
conventional defense capabilities of the participants; and
"(B) provides for --
"(i) one or more participants (other than the United States) to
share with the United States the cost of research and development,
testing, evaluation, or joint production (including follow-on
support) of defense articles;
"(ii) the United States and another participant concurrently to
produce in the United States and the country of such other
participant a defense article jointly developed in a cooperative
project described in clause (i); or
"(iii) the United States to procure a defense article or a
defense service from another participant in the cooperative
project.
"(2) The term 'defense article' has the meaning given such term
in section 47(3) of the Arms Export Control Act (22 U.S.C.
2794(3)).
"(3) The term 'defense service' has the meaning given such term
in section 47(4) of the Arms Export Control Act (22 U.S.C.
2794(4)).".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
subchapter II of such chapter is amended by adding at the end the
following new item:
"2350i. Foreign contributions for cooperative projects.".
SEC. 1048. EXPANSION OF AUTHORITY FOR THE NAVY TO PROVIDE ROUTINE
PORT AND AIRPORT SERVICES TO FOREIGN COUNTRIES.
(a) REPEAL OF LIMITATION ON ELIGIBLE FOREIGN COUNTRIES. --
Subsection (a) of section 7227 of title 10, United States Code, is
amended by striking out "friendly" each place it appears.
(b) PROVISION OF AIRPORT SERVICE WITHOUT REIMBURSEMENT. --
Subsection (b) of such section is amended --
(1) by striking out "(A)" after "(2)";
(2) by striking out "an allied country" in the first sentence
of paragraph (2) and inserting in lieu thereof "a foreign
country";
(3) by inserting after the first sentence of paragraph (2) the
following new sentence: "When furnishing routine airport services
under this section to military aircraft of a foreign country, the
Secretary may furnish such services without reimbursement if such
services are provided under an agreement that provides for the
reciprocal furnishing by such country of routine airport services
to military aircraft of the United States without reimbursement.";
(4) by striking out subparagraph (B) of paragraph (2); and
(5) by designating the last sentence of paragraph (2) as
paragraph (3) and in that paragraph --
(A) by striking out "port services" and inserting in lieu
thereof "port or airport services"; and
(B) by striking out "this paragraph" and inserting in lieu
thereof "paragraph (2)".
SEC. 1049. EXTENSION OF AUTHORITY FOR TRANSFER OF EXCESS DEFENSE
ARTICLES TO CERTAIN COUNTRIES.
(a) EXTENSION OF AUTHORITY. -- Section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) is amended --
(1) in subsection (a), by striking out "during the fiscal years
1987 through 1991,"; and
(2) by adding at the end of the section the following:
"(f) DURATION OF AUTHORITY. -- The authority of this section shall
be effective during fiscal years 1992 through 1996.".
(b) AVOIDING DUPLICATIVE AMENDMENTS. -- If the International
Cooperation Act of 1991 is enacted before this Act "22 USC 2321j note"
is enacted and that Act makes the amendments to section 516 of the
Foreign Assistance Act of 1961 that are stated in subsection (a), then
the amendments stated in subsection (a) shall not take effect. If the
International Cooperation Act of 1991 is enacted after this Act is
enacted and that Act would make the amendments to section 516 of the
Foreign Assistance Act of 1961 that are made by subsection (a), then the
amendments that would be made by that Act that are identical to the
amendments made by subsection (a) shall not take effect.
SEC. 1050. AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION WITH
COOPERATIVE AGREEMENTS ON AIR DEFENSE IN ITALY.
(a) AUTHORITY TO CARRY OUT AGREEMENTS. -- The Secretary of Defense
is authorized to carry out the Italian air defense agreements. In
carrying out those agreements, the Secretary --
(1) may provide without monetary charge to the Republic of
Italy articles and services as specified in the agreements; and
(2) may accept from the Republic of Italy (in return for the
articles and services provided under paragraph (1)) articles and
services as specified in the agreements.
(b) ADMINISTRATION OF AGREEMENTS. -- In connection with the
administration of the Italian air defense agreements, the Secretary of
Defense may --
(1) waive any surcharge for administrative services otherwise
chargeable under section 21(e)(1)(A) of the Arms Export Control
Act (22 U.S.C. 2761(e)(1)(A));
(2) waive any charge not otherwise waived for services
associated with contract administration for the sale under the
Arms Export Control Act of Patriot air defense missile fire units
or components thereof to the Republic of Italy contemplated in the
agreements; and
(3) use, to the extent contemplated in the agreements, the
North Atlantic Treaty Organization (NATO) Maintenance and Supply
Agency --
(A) for the supply of logistic support in Europe for the
Patriot missile system; and
(B) for the acquisition of such logistic support, to the extent
that the Secretary determines that the procedures of that agency
governing such supply and acquisition are appropriate.
(c) AUTHORITY SUBJECT TO AVAILABILITY OF APPROPRIATIONS. -- The
authority of the Secretary of Defense to enter into contracts under the
Italian air defense agreements is available only to the extent that
appropriated funds are otherwise available for that purpose.
(d) DEFINITION. -- For the purposes of this section, the term
"Italian air defense agreements" means --
(1) the agreement entitled "Memorandum of Understanding Between
the Secretary of Defense of the United States of America and the
Minister of Defense of the Italian Republic on Cooperative
Measures for Enhancing Air Defense in Italy", signed on March 24,
1988; and
(2) the agreement entitled "Implementing Agreement to the
Memorandum of Understanding Between the Secretary of Defense of
the United States of America and the Minister of Defense of the
Italian Republic on Cooperative Measures for Enhancing Air Defense
in Italy", signed on April 20, 1990.
SEC. 1051. EXTENSION OF AWACS AUTHORITY.
Section 2350e of title 10, United States Code, is amended --
(1) in subsection (c) --
(A) by striking out "and" at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
"(3) the Addendum to the Multilateral Memorandum of
Understanding Between the North Atlantic Treaty Organization
(NATO) Ministers of Defence on the NATO E-3A Cooperative Programme
(dated December 6, 1978) relating to the modernization of the NATO
Airborne Early Warning and Control (NAEW&C) System, dated December
7, 1990; and"; and
(2) in subsection (d), by striking out "September 30, 1991" and
inserting in lieu thereof "September 30, 1993".
SEC. 1052. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY
FOREIGN FORCES.
(a) PAYMENT FOR TRAINING. -- (1) Chapter 101 of title 10, United
States Code, is amended by adding at the end the following new section:
"Section 2011. Special operations forces: training with friendly
foreign forces
"(a) AUTHORITY TO PAY TRAINING EXPENSES. -- Under regulations
prescribed pursuant to subsection (c), the commander of the special
operations command established pursuant to section 167 of this title and
the commander of any other unified or specified combatant command may
pay, or authorize payment for, any of the following expenses:
"(1) Expenses of training special operations forces assigned to
that command in conjunction with training, and training with,
armed forces and other security forces of a friendly foreign
country.
"(2) Expenses of deploying such special operations forces for
that training.
"(3) In the case of training in conjunction with a friendly
developing country, the incremental expenses incurred by that
country as the direct result of such training.
"(b) PURPOSE OF TRAINING. -- The primary purpose of the training for
which payment may be made under subsection (a) shall be to train the
special operations forces of the combatant command.
"(c) REGULATIONS. -- The Secretary of Defense shall prescribe
regulations for the administration of this section. The regulations
shall establish accounting procedures to ensure that the expenditures
pursuant to this section are appropriate.
"(d) DEFINITIONS. -- In this section:
"(1) The term 'special operations forces' includes civil
affairs forces and psychological operations forces.
"(2) The term 'incremental expenses', with respect to a
developing country, means the reasonable and proper cost of
rations, fuel, training ammunition, transportation, and other
goods and services consumed by such country, except that the term
does not include pay, allowances, and other normal costs of such
country's personnel.
"(e) REPORTS. -- Not later than April 1 of each year, the Secretary
of Defense shall submit to Congress a report regarding training during
the preceding fiscal year for which expenses were paid under this
section. Each report shall specify the following:
"(1) All countries in which that training was conducted.
"(2) The type of training conducted, including whether such
training was related to counter-narcotics, or counter-terrorism
activities, the duration of that training, the number of members
of the armed forces involved, and expenses paid.
"(3) The extent of participation by foreign military forces,
including the number and service affiliation of foreign military
personnel involved and physical and financial contribution of each
host nation to the training effort.
"(4) The relationship of that training to other overseas
training programs conducted by the armed forces, such as military
exercise programs sponsored by the Joint Chiefs of Staff, military
exercise programs sponsored by a combatant command, and military
training activities sponsored by a military department (including
deployments for training, short duration exercises, and other
similar unit training events).".
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"2011. Special operations forces: training with friendly foreign
forces.".
(b) BUDGETING FOR TRAINING. -- Section 166 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
"(c) SOF TRAINING WITH FOREIGN FORCES. -- A funding proposal for
force training under subsection (b)(2) may include amounts for training
expense payments authorized in section 2011 of this title.".
SEC. 1053. EXPANSION OF COUNTRIES ELIGIBLE TO PARTICIPATE IN FOREIGN
COMPARATIVE TESTING PROGRAM.
Section 2350a(g) of title 10, United States Code, is amended by
inserting "and other friendly foreign countries" in paragraphs (1)(A)
and (4)(A) after "major allies of the United States".
SEC. 1054. LIMITATION ON EMPLOYMENT OF FOREIGN NATIONALS AT MILITARY
INSTALLATIONS OUTSIDE THE UNITED STATES.
(a) AUTHORIZATION. -- The number of employment positions on the last
day of fiscal years 1992 and 1993 at United States military
installations located outside the United States that may be filled by
foreign nationals who are employed pursuant to an indirect-hire civilian
personnel agreement and are paid by the United States may not exceed the
following:
(1) For fiscal year 1992, 60,000.
(2) For fiscal year 1993, 47,750.
(b) WAIVER AUTHORITY. -- The Secretary of Defense may waive the
requirement of subsection (a) for a fiscal year if the Secretary
determines that the national security interests of the United States
require waiver of such requirement. The Secretary shall notify Congress
of any use of this waiver authority and the reasons for the waiver.
(c) SENSE OF CONGRESS. -- It is the sense of Congress that,
beginning with fiscal year 1994, the President should achieve reductions
(below fiscal year 1993 levels) in the cost to the United States of
salaries and other remuneration of foreign nationals employed at United
States military installations located outside the United States through
agreements under which the host countries assume a greater share of
these costs.
SEC. 1061. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) MISCELLANEOUS AMENDMENTS. -- Title 10, United States Code, is
amended as follows:
(1) Section 115a(d)(3) is amended by inserting "provide" after
"(3)".
(2) The heading of section 129b is amended by inserting "of" at
the end.
(3) Section 280 is amended by striking out "2511" both places
it appears and inserting in lieu thereof "2540".
(4)(A) The heading of section 690 is amended by striking out
"Corp" and inserting in lieu thereof "Corps".
(B) The item relating to section 690 in the table of sections
at the beginning of chapter 39 is amended to read as follows:
"690. Limitation on duty with Reserve Officer Training Corps
units.".
(5) Section 1142(b)(5) is amended by striking out the semicolon
at the end and inserting in lieu thereof a period.
(6) Section 1144(b) is amended --
(A) in paragraph (1), by striking out "resume" and inserting in
lieu thereof "resume";
(B) in paragraph (3) --
(i) by striking out "veterans service organization" and
inserting in lieu thereof "veterans' service organizations"; and
(ii) by striking out "Armed Forces" and inserting in lieu
thereof "armed forces"; and
(C) in paragraph (6), by striking out "such area" and inserting
in lieu thereof "those areas".
(7) The heading of section 1408 is amended to read as follows:
"Section 1408. Payment of retired or retainer pay in compliance with
court orders".
(8) Section 1737(c)(2)(B) is amended by striking out the comma
after "Acquisition" the second place it appears.
(9) Section 2306a(e)(1)(A)(ii) is amended by striking out
"Internal Revenue Code of 1954" and inserting in lieu thereof
"Internal Revenue Code of 1986".
(10) Section 2307(f) is amended by striking out "(l)" after
"(f)" and inserting in lieu thereof "(1)".
(11) Sections 2244(a) and 2393(d) are amended by striking out
"Federal government" each place it appears and inserting in lieu
thereof "Federal Government".
(12) Section 2343(b) is amended --
(A) by striking out "this title," and inserting in lieu thereof
"this title and"; and
(B) by striking out ", and section 719 of the Defense
Production Act of 1950 (50 U.S.C. App. 2168)".
(13) Section 2383(b) is amended by striking out "has the
meaning given such term by section 2323(f) of this title." and
inserting in lieu thereof "means any individual piece, part,
subassembly, or component which is furnished for the logistic
support or repair of an end item and not as an end item itself.".
(14) Section 2432(h)(2)(A) is amended by striking out
"subsections (c)(1) and (c)(3) of section 2431" and inserting in
lieu thereof "subsections (b)(1) and (b)(3) of section 2431".
(15) The item relating to section 2608 in the table of sections
at the beginning of chapter 155 is amended by striking out "and
services".
(16) Section 2608(g) is amended by inserting "(1)" before "Upon
request".
(17)(A) The heading of section 2721 is amended to read as
follows:
"Section 2721. Property records: maintenance on quantitative and
monetary basis".
(B) The item relating to that section in the table of sections
at the beginning of chapter 161 is amended to read as follows:
"2721. Property records: maintenance on quantitative and monetary
basis.".
(18) Section 2674(c)(3) is amended by striking out
"misdeameanor" and inserting in lieu thereof "misdemeanor".
(19) Section 2902(f)(2)(A) is amended by striking out
"Department's" and inserting in lieu thereof "department's".
(20)(A) Section 3210(a) is amended by striking out "section
3202(a)" and inserting in lieu thereof "section 526".
(B) Section 3218 is amended by striking out "section 3202" and
inserting in lieu thereof "section 526".
(21) Section 5451 is amended --
(A) by striking out "(a) Except as provided in subsection (b),
the" and inserting in lieu thereof "The"; and
(B) by striking out subsection (b).
(22)(A) Section 5150(c) is amended by striking out "section
5444" and inserting in lieu thereof "section 526".
(B) Section 5457(a) is amended by striking out "section 5442"
and inserting in lieu thereof "section 526".
(C) Section 5458(a) is amended by striking out "section 5443"
and inserting in lieu thereof "section 526".
(23)(A) Section 8210(a) is amended by striking out "section
8202(a)" and inserting in lieu thereof "section 526".
(B) Section 8218 is amended by striking out "section 8202" and
inserting in lieu thereof "section 526".
(24) Section 4542 is amended --
(A) in subsection ((c)(3), by striking out "subsection (d)" and
inserting in lieu thereof "subsection (f)"; and
(B) in subsection (f), by striking out "subsection (b)(3)" and
inserting in lieu thereof "subsection (c)(3)".
(25) The item relating to section 9316 in the table of sections
at the beginning of chapter 901 is amended by striking out the
section twist preceding the section number.
(26)(A) The table of sections at the beginning of chapter 85 is
amended by striking out the item relating to section 1622.
(B) Effective on October 1, 1992, such table of sections is
amended by striking out the item relating to section 1623.
(C) Effective on October 1, 1993 --
(i) chapter 85 (as amended by section 1207(c) of Public Law
101-510) is repealed; and
(ii) the tables of chapters at the beginning of subtitle A, and
at the beginning of part II of subtitle A, are amended by striking
out the item relating to that chapter.
(27)(A) The items relating to chapter 149 in the table of
chapters at the beginning of subtitle A, and in the table of
subchapters of part IV of subtitle A, are each amended by striking
out "Maufacturing" and inserting in lieu thereof "Manufacturing".
(B) The items relating to chapter 609 in the table of chapters
at the beginning of subtitle C, and in the table of subchapters of
part III of subtitle C, are each amended by striking out
"Educational" and inserting in lieu thereof "Education".
(b) COURT OF MILITARY APPEALS. -- (1)(A) Section 942(e) of title 10,
United States Code, is amended --
(i) by inserting "(A)" after "(1)";
(ii) by striking out "(2)(A)" before "The chief judge of the
court" and realigning the sentence beginning "The chief judge of
the court" so as to appear at the end of paragraph (1)(A) (as
designated by clause (i));
(iii) by striking out "a senior judge of the court" in the
sentence referred to in clause (ii) and inserting in lieu thereof
"an individual who is a senior judge of the court under this
subparagraph";
(iv) by inserting after paragraph (1)(A) (as designated by
clause (i)) the following:
"(B) If, at the time the term of a judge expires, no successor to
that judge has been appointed, the chief judge of the court may call
upon that judge (with that judge's consent) to continue to perform
judicial duties with the court until the vacancy is filled. A judge
who, upon the expiration of the judge's term, continues to perform
judicial duties with the court without a break in service under this
subparagraph shall be a senior judge while such service continues.";
and
(v) by striking out "(B) A senior judge" and inserting in lieu
thereof "(2) A senior judge".
(B) Paragraphs (3), (4), and (6) of such section are amended by
striking out "paragraph (2)" each place it appears and inserting in lieu
thereof "paragraph (1)".
(C) Section 945(a)(1) of such title is amended by adding at the end
the following: "A person who continues service with the court as a
senior judge under section 943(e)(1)(B) of this title (art.
143(e)(1)(B)) upon the expiration of the judge's term shall be
considered to have been separated from civilian service in the Federal
Government only upon the termination of that continuous service.".
(D) The amendments "10 USC 942 note" made by this paragraph shall
take effect as of November 29, 1989.
(2) Section 942(f) of such title is amended --
(A) in paragraph (1) --
(i) by striking out "or" at the end of subparagraph (A);
(ii) by striking out the period at the end of subparagraph (B)
and inserting in lieu thereof "; or"; and
(iii) by adding at the end the following:
"(C) during a period when there is a vacancy on the court and
in the opinion of the chief judge of the court such a designation
is necessary for the proper dispatch of the business of the
court.";
(B) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
"(2) The chief judge of the court may not request that a designation
be made under paragraph (1) unless the chief judge has determined that
no person is available to perform judicial duties with the court as a
senior judge under subsection (e).".
(c) DEFINITION OF SIGNIFICANT NONMAJOR DEFENSE ACQUISITION PROGRAM.
-- Section 1737(a)(3) of title 10, United States Code, is amended --
(1) by striking out "$50,000,000 (based on fiscal year 1980
constant dollars)" and inserting in lieu thereof "the dollar
threshold set forth in section 2302(5)(A) of this title for such
purposes for a major system"; and
(2) by striking out "$250,000,000 (based on fiscal year 1980
constant dollars)" and inserting in lieu thereof "the dollar
threshold set forth in section 2302(5)(A) of this title for such
purpose for a major system".
SEC. 1062. AMENDMENTS TO PUBLIC LAW 101-510.
(a) DIVISION A. -- Division A of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510) is amended as follows:
(1) Section 555(e)(1) (104 Stat. 1570) "10 USC 1408 note" is
amended by striking out "judgement" and inserting in lieu thereof
"judgment".
(2) Section 827(b)(3) (104 Stat. 1607) "15 USC 3705 note" is
amended by striking out "section 6 or 8" and inserting in lieu
thereof "section 7 or 9".
(3) Section 1481(e)(2) (104 Stat. 1706) is amended by striking
out "section 1036" and inserting in lieu thereof "section 904(b)".
(4) Section 1515 (104 Stat. 1726) "24 USC 415" is amended --
(A) by striking out "local boards" in subsections (a) and (c)
and inserting in lieu thereof "Local Boards"; and
(B) by striking out "that board" in subsection (d)(2) and
inserting in lieu thereof "that Board".
(5) Section 1517(f) (104 Stat. 1729) "24 USC 417" is amended by
striking out "this Act" both places it appears and inserting in
lieu thereof "this title".
(b) DIVISION B. -- Section 2922(b) of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public Law
101-510; 104 Stat. 1820) "10 USC 2391 note" is amended by inserting
"of" after "section 2819".
(c) DIVISION D. -- Section 4303 of the Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990 (division D
of Public Law 101-510; 104 Stat. 1854) "10 USC 2391 note" is amended --
(1) in subsection (c)(1), by striking out "section 4003(b)" and
inserting in lieu thereof "section 4004(c)(1)"; and
(2) in subsection (d), by striking out "section 4003" and
inserting in lieu thereof "section 4004(c)(3)".
SEC. 1063. AMENDMENTS TO OTHER LAWS.
(a) TITLES 5 AND 7, UNITED STATES CODE. -- Section 5564(i)(1) of
title 5, United States Code, and section 554(i)(1) of title 37, United
States Code, are each amended by striking out "4713, 6522, 9712, or
9713" and inserting in lieu thereof "6522, or 9712".
(b) PUBLIC LAW 101-511. -- Section 8105(d)(2) of Public Law 101-511
(104 Stat. 1902) "10 USC 113 note" is amended by striking out
"immeditely" and inserting in lieu thereof "immediately".
(c) REPEAL OF SUPERSEDED AUTHORITY RELATING TO UNITED STATES
SOLDIERS' AND AIRMEN'S HOME. -- Section 1625 of the Department of
Defense Authorization Act, 1986 (Public Law 99-145; 24 U.S.C. 43 note)
is repealed.
(d) PUBLIC LAW 101-25. -- (1) Section 601(a) of Public Law 101-25
(105 Stat. 105) "10 USC 113 note" is amended --
(A) by striking out "members of the Armed Forces serving on
active duty during the Persian Gulf conflict" and inserting in
lieu thereof "members of the Armed Forces and of members of the
National Guard who served on active duty during the Persian Gulf
conflict"; and
(B) by striking out "have been" and inserting in lieu thereof
"were".
(2) Section 602(a) of such Public Law (105 Stat. 106) "10 USC 113
note" is amended by striking out "members of the Armed Forces serving on
active duty" and inserting in lieu thereof "members of the Armed Forces
and members of the National Guard who served on active duty during the
Persian Gulf conflict".
(d) PUBLIC LAW 101-25. -- (1) Section 601(a) of Public Law 101-25
(105 Stat. 105) is amended --
(A) by striking out "members of the Armed Forces serving on
active duty during the Persian Gulf conflict" and inserting in
lieu thereof "members of the Armed Forces and of members of the
National Guard who served on active duty during the Persian Gulf
conflict"; and
(B) by striking out "have been" and inserting in lieu thereof
"were".
(2) Section 602(a) of such Public Law (105 Stat. 106) is amended by
striking out "members of the Armed Forces serving on active duty" and
inserting in lieu thereof "members of the Armed Forces and members of
the National Guard who served on active duty during the Persian Gulf
conflict."
SEC. 1071. SENSE OF CONGRESS RELATING TO THE CONTRIBUTIONS TO
OPERATION DESERT STORM MADE BY THE DEFENSE-RELATED INDUSTRIES OF THE
UNITED STATES.
(a) FINDINGS. -- Congress makes the following findings:
(1) The United States and its coalition allies achieved a great
victory in Operation Desert Storm, carried out in the Persian Gulf
region in the winter of 1991.
(2) The outstanding success of Operation Desert Storm was due
in great measure to the ready availability of weapons and weapon
systems exhibiting remarkable accuracy through advanced
technological design.
(3) These weapons and weapon systems were designed and produced
by the defense-related industries of the United States.
(4) The battle plan for Operation Desert Storm formulated by
the commander of the United States Central Command relied on the
availability and performance of these weapons and weapon systems.
(5) The successful use of these weapons and weapon systems in
accordance with that plan resulted in astonishingly small numbers
of killed and wounded among the Armed Forces of the United States
and of allied coalition forces in general.
(b) SENSE OF CONGRESS. -- It is the sense of Congress --
(1) that the defense-related industries of the United States, and
the men and women who work in those industries, deserve the
gratitude and appreciation of the Congress and of the United
States for the design and production of the
technologically-advanced weapons and weapon systems that helped to
ensure victory in Operation Desert Storm;
(2) that future decisions relating to the national security of
the United States must take into account the need to maintain
strong defense-related industries in the United States; and
(3) that it is vitally important to the United States that the
defense-related industries of the United States be capable of
responding to the national security requirements of the United
States.
SEC. 1072. SENSE OF CONGRESS RELATING TO COOPERATION BETWEEN THE
MILITARY DEPARTMENTS AND BIG BROTHERS AND BIG SISTERS ORGANIZATIONS.
(a) FINDINGS. -- Congress makes the following findings:
(1) The Big Brothers of America and the Big Sisters of America,
consisting of 499 independent organizations located across the
United States, assist at-risk children and the families of such
children by establishing mentor programs that foster one-to-one
relationships between such children and concerned adult mentors.
(2) The Big Brothers and Big Sisters organizations annually
assist approximately 110,000 such children.
(3) As a result of cooperation between the Department of
Defense and Big Brothers and Big Sisters organizations, successful
mentor programs have been established at several military
installations located in the United States and overseas.
(4) There are an estimated 80,000 single-parent families, and
at least 80,000 at-risk youth in those families, that are headed
by members of the Armed Forces.
(5) Appropriately trained members of the Armed Forces are
exceptionally qualified to serve as concerned adult mentors of
at-risk youths in Big Brothers and Big Sisters mentor programs.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) additional cooperation between the Department of Defense
and the Big Brothers and Big Sisters organizations located in
communities near military installations will assist members of the
Armed Forces serving at those installations and those communities
in responding to the family support needs of those members and
communities; and
(2) the Secretary of Defense should take all practicable steps
necessary to encourage such cooperation at military installations
located in the United States and to promote the establishment of
additional Big Brothers and Big Sisters organizations at such
installations located overseas.
SEC. 1073. COMMENDATION OF THE MILITARY COLLEGES FOR THEIR
CONTRIBUTIONS TO TRAINING CITIZEN-SOLDIERS.
(a) FINDINGS. -- Congress makes the following findings:
(1) The number of essential military colleges (institutions
that the Department of Defense has recognized as constituting a
special aspect of American higher education) has decreased from 11
institutions in 1914 to only 4 today: Norwich University, founded
in 1819; Virginia Military Institute, established in 1839; The
Citadel, The Military College of South Carolina, chartered in
1942; and North Georgia College, which opened in 1873.
(2) The hallmark of these institutions has been their
dedication to the principle of the citizen-soldier, and in this
regard they are joined in spirit and devotion by the Cadet Corps
at Texas A & M University and at Virginia Polytechnic Institute
and State University.
(3) Citizen-soldiers are educated, trained, and inspired to
become productive members of society in any calling, but are also
prepared to serve their country in a military role during times of
war or national peril.
(4) These citizen-soldiers have accepted as their duty an
obligation to serve their country in every instance of war since
the Mexican War, and have without fail or hesitation answered the
call to arms -- most recently with service in Southwest Asia as
part of Operation Desert Storm.
(b) RECOGNITION AND COMMENDATION. -- In light of the findings in
subsection (a), the Congress --
(1) recognizes and commends military colleges for the unique
contributions they have made and continue to make; and
(2) urges citizens of the United States to support the concept
of the citizen-soldier to which these colleges are dedicated.
SEC. 1074. SENSE OF CONGRESS RELATING TO THE CHEMICAL
DECONTAMINATION TRAINING FACILITY, FORT MCCLELLAN, ALABAMA.
(a) FINDINGS. -- Congress makes the following findings:
(1) The possibility of use of chemical weapons by Iraqi forces
was the most significant military threat confronted by members of
the Armed Forces of the United States who served in the Persian
Gulf region in connection with Operation Desert Storm.
(2) There continues to be extreme concern with respect to the
ever more rapid proliferation of chemical weapons and agents,
especially among nations in the Middle East.
(3) This proliferation makes it increasingly necessary that
members of the Armed Forces have the capability of self-defense
against chemical weapons and agents.
(4) Combat training with live chemical agents directly promotes
this capability by reducing the life-threatening fear and self
doubt that some soldiers experience on a battlefield contaminated
by chemical weapons or agents.
(5) Such training further promotes this capability by enhancing
the professional credibility of the members of the Armed Forces
who train others with respect to chemical weapons and agents.
(6) The Chemical Decontamination Training Facility (CDTF)
located at Fort McClellan, Alabama, is the only facility for
conducting combat training with live chemical agents in the
Western Hemisphere.
(7) The operations of the Chemical Decontamination Training
Facility depend upon the support activities of the Army Chemical
School which is also located at Fort McClellan, Alabama.
(8) The Defense Base Closure and Realignment Commission has
reported that the closure or diminished operation of the Chemical
Decontamination Training Facility could have an adverse impact on
the capability of the Armed Forces to defend against the use of
chemical weapons and agents and, thus, on the national security of
the United States.
(9) The capability of members of the Armed Forces to defend
against chemical weapons and agents depends upon maintaining a
fully operating facility for conducting combat training with live
chemical agents located in the Western Hemisphere including
maintaining associated support activities.
(b) SENSE OF CONGRESS. -- It is the sense of Congress that the
necessity for the Armed Forces to have an effective live chemical agent
training facility requires that the Chemical Decontamination Training
Facility and the Army Chemical School be continued in operation at Fort
McClellan, Alabama, unless a new facility for conducting combat training
with live chemical agents is constructed.
SEC. 1075. POLICY REGARDING CONTRACTING WITH FOREIGN FIRMS THAT
PARTICIPATE IN THE SECONDARY ARAB BOYCOTT.
(a) RESTATEMENT OF POLICY REGARDING TRADE BOYCOTTS. -- As stated in
section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. App.
2402(5)(A)), it is the policy of the United States to oppose restrictive
trade practices or boycotts fostered or imposed by foreign countries
against other countries friendly to the United States or against any
other United States person.
(b) SENSE OF CONGRESS. -- Consistent with the policy referred to in
subsection (a), it is the sense of Congress that --
(1) no Department of Defense prime contract should be awarded
to a foreign person unless that person certifies to the Secretary
of Defense that it does not comply with the secondary Arab boycott
of Israel; and
(2) the Secretary of Defense should consider developing a
procurement policy to implement the policy expressed in paragraph
(1).
SEC. 1076. SENSE OF CONGRESS CONCERNING ISSUANCE OF COMMEMORATIVE
CARD FOR OPERATION DESERT STORM SERVICEMEMBERS.
(a) ISSUANCE OF CARD. -- It is the sense of Congress that the
Secretary of Defense may issue a special commemorative card to each
member of the Armed Forces who --
(1) served in the Persian Gulf theater of operations in
connection with the Persian Gulf conflict (including service as a
member of an air crew over that theater); or (2) as a member of a
reserve component or a retired member, was ordered to active duty
in connection with the Persian Gulf conflict.
(b) CONTENT. -- Any such commemorative card shall indicate that the
servicemember was a participant in the Persian Gulf conflict.
SEC. 1081. SURVIVOR NOTIFICATION AND ASSISTANCE; ACCESS TO MILITARY
RECORDS OF SERVICE MEMBERS WHO DIE ON ACTIVE DUTY.
(a) POLICY RE-EXAMINATION. -- The Secretary of Defense shall
reexamine policies of the Department of Defense relating to casualty
notification and assistance, including policies relating to the access
of parents, spouses, and adult children to the records of deceased
members of the Armed Forces. The review (1) should determine if
existing regulations adequately respect a service member's wishes in the
event of death on active duty, and (2) should consider new needs or
problems resulting from complex family situations. The review should
take into account experiences resulting from the Persian Gulf conflict
and should seek to determine if changes in policy or procedures would be
in the best interests of both service members and their families.
(b) MATTERS TO BE EXAMINED. -- The study should examine the
advantages and disadvantages of each of the following:
(1) Making the personnel records of a service member who dies
on active duty available, in whole or in part, to any adult family
member who requests those records.
(2) Excluding from disclosure to family members certain types
or categories of information in a deceased service member's
personnel records and, if any should ever be excluded, identifying
what contents and under what circumstances.
(3) Releasing to family members of a deceased service member
relevant records not in the member's personnel records, such as
any record of investigation into the circumstances of the member's
death.
(4) Making autopsy reports automatically available to family
members upon request.
(5) Requiring that more than one family member make a request
before activating the release of any information from the member's
member's personnel records.
(6) Revising the Emergency Data form prepared by service
members (A) to allow specific provision for notification of
additional family members in cases such as the case of a divorced
service member who leaves children with both a current and a
former spouse, or (B) to establish which family member should be
entitled to have access to the service member's military records.
(7) Such other matters as the Secretary determines to be
appropriate or relevant to the purposes of the study.
(c) REPORT. -- The Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report containing
the results of the study not later than February 1, 1992.
SEC. 1082. "50 USC 401 note" DISCLOSURE OF INFORMATION CONCERNING
UNITED STATES PERSONNEL CLASSIFIED AS PRISONER OF WAR OR MISSING IN
ACTION DURING VIETNAM CONFLICT.
(a) PUBLIC AVAILABILITY OF INFORMATION. -- (1) Except as provided in
subsection (b), the Secretary of Defense shall, with respect to any
information referred to in paragraph (2), place the information in a
suitable library-like location within a facility within the National
Capital region for public review and photocopying.
(2)(A) Paragraph (1) applies to any record, live-sighting report, or
other information in the custody of the Department of Defense that
relates to the location, treatment, or condition of any Vietnam-era
POW/MIA on or after the date on which the Vietnam-era POW/MIA passed
from United States control into a status classified as a prisoner of war
or missing in action, as the case may be, until that individual is
returned to United States control.
(B) For purposes of this section, a Vietnam-era POW/MIA is any member
of the Armed Forces or civilian employee of the United States who was at
any time classified as a prisoner of war or missing in action during the
Vietnam era and whose person or remains have not been returned to United
States control.
(b) EXCEPTIONS. -- (1) The Secretary of Defense may not make a
record or other information available to the public pursuant to
subsection (a) if --
(A) the record or other information is exempt from the
disclosure requirements of section 552 of title 5, United States
Code, by reason of subsection (b) of that section; or
(B) the record or other information is in a system of records
exempt from the requirements of subsection (d) of section 552a of
such title pursuant to subsection (j) or (k) of that section.
(2) The Secretary of Defense may not make a record or other
information available to the public pursuant to subsection (a) if the
record or other information specifically mentions a person by name
unless --
(A) in the case of a person who is alive (and not
incapacitated) and whose whereabouts are known, that person
expressly consents in writing to the disclosure of the record or
other information; or
(B) in the case of a person who is dead or incapacitated or
whose whereabouts are unknown, a family member or family members
of that person determined by the Secretary of Defense to be
appropriate for such purpose expressly consent in writing to the
disclosure of the record or other information.
(3)(A) The limitation on disclosure in paragraph (2) does not apply
in the case of a person who is dead or incapacitated or whose
whereabouts are unknown if the family member or members of that person
determined pursuant to subparagraph (B) of that paragraph cannot be
located after a reasonable effort.
(B) Paragraph (2) does not apply to the access of an adult member of
the family of a person to any record or information to the extent that
the record or other information relates to that person.
(C) The authority of a person to consent to disclosure of a record or
other information for the purposes of paragraph (2) may be delegated to
another person or an organization only by means of an express legal
power of attorney granted by the person authorized by that paragraph to
consent to the disclosure.
(c) DEADLINES. -- (1) In the case of records or other information
that are required by subsection (a) to be made available to the public
and that are in the custody of the Department of Defense on the date of
the enactment of this Act, the Secretary shall make such records and
other information available to the public pursuant to this section not
later than three years after that date. Such records or other
information shall be made available as soon as a review carried out for
the purposes of subsection (b) is completed.
(2) Whenever after March 1, 1992, a department or agency of the
Federal Government receives any record or other information referred to
in subsection (a) that is required by this section to be made available
to the public, the head of that department or agency shall ensure that
such record or other information is provided to the Secretary of
Defense, and the Secretary shall make such record or other information
available in accordance with subsection (a) as soon as possible and, in
any event, not later than one year after the date on which the record or
information is received by the department or agency of the Federal
Government.
(3) If the Secretary of Defense determines that the disclosure of any
record or other information referred to in subsection (a) by the date
required by paragraph (1) or (2) may compromise the safety of a
Vietnam-era POW/MIA who may still be alive in Southeast Asia, then the
Secretary may withhold that record or other information from the
disclosure otherwise required by this section. Whenever the Secretary
makes a determination under the preceding sentence, the Secretary shall
immediately notify the President and the Congress of that determination.
(d) DEFINITION. -- For purposes of this section, the term "Vietnam
era" has the meaning given that term in section 101 of title 38, United
States Code.
SEC. 1083. "10 USC 113 note" FAMILY SUPPORT CENTER FOR FAMILIES OF
PRISONERS OF WAR AND PERSONS MISSING IN ACTION.
(a) REQUEST FOR ESTABLISHMENT. -- The President is authorized and
requested to establish in the Department of Defense a family support
center to provide information and assistance to members of the families
of persons who at any time while members of the Armed Forces were
classified as prisoners of war or missing in action in Southeast Asia
and who have not been accounted for. Such a support center should be
located in a facility in the National Capital region.
(b) DUTIES. -- The center should be organized and provided with such
personnel as necessary to permit the center to assist family members
referred to in subsection (a) in contacting the departments and agencies
of the Federal Government having jurisdiction over matters relating to
such persons.
SEC. 1084. "36 USC 189 note" DISPLAY OF POW/MIA FLAG.
(a) DISPLAY OF POW/MIA FLAG. -- The POW/MIA flag, having been
recognized and designated in section 2 of Public Law 101-355 (104 Stat.
416) as the symbol of the Nation's concern and commitment to resolving
as fully as possible the fates of Americans still prisoner, missing, and
unaccounted for, thus ending the uncertainty for their families and the
Nation, shall be displayed --
(1) at each national cemetery and at the National Vietnam
Veterans Memorial each year on Memorial Day and Veterans Day and
on any day designated by law as National POW/MIA Recognition Day;
and
(2) on, or on the grounds of, the buildings specified in
subsection (b) on any day designated by law as National POW/MIA
Recognition Day.
(b) SPECIFIED BUILDINGS FOR FLAG DISPLAY. -- The buildings referred
to in subsection (a)(2) are the buildings containing the primary offices
of --
(1) the Secretary of State;
(2) the Secretary of Defense;
(3) the Secretary of Veterans Affairs; and
(4) the Director of the Selective Service System.
(c) PROCUREMENT AND DISTRIBUTION OF FLAGS. -- Within 30 days after
the date of the enactment of this Act, the Administrator of General
Services shall procure POW/MIA flags and distribute them as necessary to
carry out this section.
(d) TERMINATION OF FLAG DISPLAY REQUIREMENT. -- Subsection (a) shall
cease to apply upon a determination by the President that the fullest
possible accounting has been made of all members of the Armed Forces and
civilian employees of the United States who have been identified as
prisoner of war or missing in action in Southeast Asia.
(e) POW/MIA FLAG DEFINED. -- As used in this section, the term
"POW/MIA flag" means the National League of Families POW/MIA flag
recognized officially and designated by section 2 of Public Law 101-355
(104 Stat. 416).
SEC. 1085. EXTENSION OF OVERSEAS WORKLOAD PROGRAM.
Section 1465(b) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1700) "10 USC 2341 note" is
amended by inserting after "fiscal year 1991" the following "or 1992".
SEC. 1086. TECHNICAL DATA PACKAGES FOR LARGE-CALIBER CANNON.
(a) EXTENSION OF EXCEPTION TO ALL FRIENDLY FOREIGN COUNTRIES. --
Subsection (b)(1) of section 4542 of title 10, United States Code, is
amended by striking out "member nation" and all that follows through
"major non-NATO ally" and inserting in lieu thereof "friendly foreign
country".
(b) CROSS-REFERENCE CORRECTIONS. -- Such section is further amended
--
(1) in subsection (c)(3), by striking out "subsection (d)" and
inserting in lieu thereof "subsection (f)"; and
(2) in subsection (f), by striking out "subsection (b)(3)" and
inserting in lieu thereof "subsection (c)(3)".
SEC. 1087. "15 USC 636 note" EMERGENCY DIRECT LOANS FOR SMALL
BUSINESS CONCERNS LOCATED IN COMMUNITIES ADVERSELY AFFECTED BY TROOP
DEPLOYMENTS DURING THE PERSIAN GULF CONFLICT.
(a) LOANS AUTHORIZED. -- The Administrator of the Small Business
Administration may make an emergency direct loan to a small business
concern described in subsection (d) that is located in a county in the
United States in which at least five small business concerns have
suffered severe economic injury as a result of the emergency deployment
after July 31, 1990, in connection with the Persian Gulf conflict of
members and units of the Armed Forces from military installations in or
near that county.
(b) AMOUNT OF LOAN. -- A loan made under this section to a small
business concern may not exceed $50,000. The terms and interest rates
for loans under this section shall be the same as the terms and interest
rates provided for loans under section 7(c)(5)(C) of the Small Business
Act (15 U.S.C. 636(c)(5)(C)).
(c) SOURCE OF LOAN FUNDS. -- The Secretary of Defense shall
transfer, to the extent provided in advance in appropriation Acts, funds
of the Department of Defense to the Administrator of the Small Business
Administration as those funds are actually required for loans under
subsection (a). The total amount so transferred may not exceed
$30,000,000. The funds shall be transferred only from amounts made
available to the Department of Defense pursuant to the authorization of
appropriations contained in sections 4103(b) and 4203(a) of the Defense
Economic Adjustment Diversification, Conversion, and Stabilization Act
of 1990 (division D of Public Law 101-510; 104 Stat. 1851, 1853). No
funds other than the funds transferred under this subsection shall be
used by the Administrator to provide loans under subsection (a).
(d) ELIGIBLE SMALL BUSINESS CONCERNS. -- A small business concern
referred to in subsection (a) is a small business concern that --
(1) has suffered economic injury as a result of the emergency
deployment of members and units of the Armed Forces in connection
with the Persian Gulf conflict; and
(2) has been unable to obtain credit elsewhere.
(e) APPLICATIONS FOR LOANS. -- To receive a loan under subsection
(a), an eligible small business concern shall submit an application to
the Administrator of the Small Business Administration in such form and
containing such information as the Administrator may require by
regulation. The Administrator may not accept an application for a loan
under subsection (a) if the application is submitted after the end of
the 180-day period beginning on the date on which the Administrator
first accepts such applications.
(f) DEFINITIONS. -- For purposes of this section:
(1) The term "small business concern" has the meaning given
that term in section 3 of the Small Business Act (15 U.S.C. 632).
(2) The term "county" includes other equivalent political
subdivisions of a State.
(g) REGULATIONS. -- The Administrator of the Small Business
Administration shall prescribe regulations to carry out this section not
later than 10 days after the date of the enactment of this Act. Section
553 of title 5, United States Code, shall not apply with respect to
promulgating such regulations, except that the Administrator may solicit
comments in making any modification of such regulations.
(h) EXPIRATION OF LOAN AUTHORITY. -- The authority of the
Administrator of the Small Business Administration to make loans under
subsection (a) shall expire at the end of the 270-day period beginning
on the date on which the Administrator first accepts applications for
loans under this section.
SEC. 1088. ADDITIONAL DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG
ACTIVITIES.
(a) SUPPORT TO OTHER AGENCIES. -- Section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 "10 USC 374 note" (Public
Law 101-510; 104 Stat. 1629) is amended --
(1) in subsection (a), by striking out "During fiscal year
1991," and inserting in lieu thereof "During fiscal years 1991,
1992, and 1993,"; and
(2) in subsection (g), by striking out "under section 1001(1),
$50,000,000" and inserting in lieu thereof "for fiscal year 1992
under section 301(a)(14) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993, $40,000,000".
(b) AERIAL AND MARITIME SUPPORT FOR COUNTER-DRUG ACTIVITIES OF LAW
ENFORCEMENT AGENCIES. -- Section 124(a) of title 10, United States
Code, is amended --
(1) by inserting "(1)" before "The Department"; and
(2) by adding at the end the following new paragraph:
"(2) The responsibility conferred by paragraph (1) shall be carried
out in support of the counter-drug activities of Federal, State, local,
and foreign law enforcement agencies.".
SEC. 1089. TECHNICAL REVISIONS TO CHARTER FOR BARRY GOLDWATER
SCHOLARSHIP AND EXCELLENCE IN EDUCATION PROGRAM.
The Barry Goldwater Scholarship and Excellence in Education Act
(title XIV of Public Law 99-661) is amended as follows:
(1) Section 1404(b)(3) (20 U.S.C. 4703(b)(3)) is amended by
striking out ", at least one of whom" and all that follows through
"aerospace education".
(2) Section 1408 (20 U.S.C. 4707) is amended --
(A) in subsection (b), by striking out all after "in" in the
second sentence and inserting in lieu thereof "public debt
securities of the United States with maturities suitable to the
fund."; and
(B) in subsection (c) --
(i) by striking out "(exceptional special obligations issued
exclusively to the fund)"; and
(ii) by striking out ", and such" and all that follows through
"accrued interest".
(3) Section 1410(b) (20 U.S.C. 4709(b)) is amended by striking
out "be compensated" and all that follows through "section 5332"
and inserting in lieu thereof "serve as a noncareer appointee of
the Senior Executive Service and shall be compensated at a rate
determined by the Board in accordance with section 5383".
SEC. 1090. PROTECTION OF KEYS AND KEYWAYS USED IN SECURITY
APPLICATIONS BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL. -- Chapter 67 of title 18, United States Code, is
amended by adding at the end the following new section:
"Section 1386. Keys and keyways used in security applications by the
Department of Defense
"(a)(1) Whoever steals, purloins, embezzles, or obtains by false
pretense any lock or key to any lock, knowing that such lock or key has
been adopted by any part of the Department of Defense, including all
Department of Defense agencies, military departments, and agencies
thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment shall be punished as provided in subsection (b).
"(2) Whoever --
"(A) knowingly and unlawfully makes, forges, or counterfeits
any key, knowing that such key has been adopted by any part of the
Department of Defense, including all Department of Defense
agencies, military departments, and agencies thereof, for use in
protecting conventional arms, ammunition or explosives, special
weapons, and classified information or classified equipment; or
"(B) knowing that any lock or key has been adopted by any part
of the Department of Defense, including all Department of Defense
agencies, military departments, and agencies thereof, for use in
protecting conventional arms, ammunition or explosives, special
weapons, and classified information or classified equipment,
possesses any such lock or key with the intent to unlawfully or
improperly use, sell, or otherwise dispose of such lock or key or
cause the same to be unlawfully or improperly used, sold, or
otherwise disposed of,
shall be punished as provided in subsection (b).
"(3) Whoever, being engaged as a contractor or otherwise in the
manufacture of any lock or key knowing that such lock or key has been
adopted by any part of the Department of Defense, including all
Department of Defense agencies, military departments, and agencies
thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment, delivers any such finished or unfinished lock or any such key
to any person not duly authorized by the Secretary of Defense or his
designated representative to receive the same, unless the person
receiving it is the contractor for furnishing the same or engaged in the
manufacture thereof in the manner authorized by the contract, or the
agent of such manufacturer, shall be punished as provided in subsection
(b).
"(b) Whoever commits an offense under subsection (a) shall be fined
under this title or imprisoned not more than 10 years, or both.
"(c) As used in this section, the term 'key' means any key, keyblank,
or keyway adopted by any part of the Department of Defense, including
all Department of Defense agencies, military departments, and agencies
thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 67 of title 18, United States Code, is amended by adding after
the item relating to section 1385 the following:
"1386. Keys and keyways used in security applications by the
Department of Defense.".
SEC. 1091. ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM.
Section 10 of the Military Selective Service Act (50 U.S.C. App. 460)
is amended --
(1) in subsection (b)(2), by striking out "without the approval
of the Director"; and
(2) in subsection (g), by striking out "semiannually" and
inserting in lieu thereof "annually".
SEC. 1092. SEPARATE MAINTENANCE ALLOWANCE FOR FEDERAL EMPLOYEES
LOCATED AT JOHNSTON ISLAND.
(a) AUTHORITY. -- (1) Subchapter IV of chapter 59 of title 5, United
States Code, is amended by inserting after section 5942 the following:
"Section 5942a. Separate maintenance allowance for duty at Johnston
Island
"(a) Notwithstanding section 5536 of this title, and under
regulations prescribed by the President, an employee of an Executive
agency (other than a Government corporation) who is assigned to a post
of duty at Johnston Island, a possession of the United States in the
Pacific Ocean, is entitled to receive a separate maintenance allowance
if the head of the employing agency finds that --
"(1) it is necessary for the employee to maintain the
employee's spouse or dependents, or both, at a location other than
Johnston Island --
"(A) by reason of dangerous or adverse living conditions at
Johnston Island; or
"(B) for the convenience of the Federal Government; and
"(2) the allowance is needed to help the employee meet the
additional expenses involved in maintaining the employee's spouse
or dependents, or both, at such other location rather than at the
post.
"(b) The regulations prescribed by the President shall include
provisions for determining the rate at which an allowance under this
section shall be paid.".
(2) The table of sections for chapter 59 of title 5, United States
Code, is amended by inserting after the item relating to section 5942
the following:
"5942a. Separate maintenance allowance for duty at Johnston
Island.".
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "5 USC
5942a note" shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
SEC. 1093. "5 USC 5925 note" EXTENSION OF FOREIGN POST DIFFERENTIALS
TO CERTAIN FEDERAL EMPLOYEES WHO SERVED IN CONNECTION WITH OPERATION
DESERT STORM.
(a) WAIVER OF REQUIREMENT THAT EMPLOYEE BE DETAILED TO A POST FOR AN
"EXTENDED" PERIOD. -- An individual who performed service of a type
described in subsection (b) shall, upon appropriate written application,
be granted the total amount to which such individual would have been
entitled for such service under section 5925(a) of title 5, United
States Code, disregarding any eligibility requirement relating to the
minimum period of time for which an individual must serve at, or be
detailed to, a post.
(b) DESCRIPTION OF SERVICE INVOLVED. -- This section applies with
respect to any period of service if, or to the extent that --
(1) it was performed as an employee --
(A) in connection with Operation Desert Storm;
(B) during the Persian Gulf conflict;
(C) at a post within the area designated by the President, in
Executive Order 12744, as a "combat zone" for purposes of section
112 of the Internal Revenue Code of 1986; and
(D) while a differential under section 5925(a) of title 5,
United States Code, was authorized with respect to such post; and
(2) no differential under such section 5925(a) was granted to
such employee for such service.
(c) REGULATIONS. -- The President may prescribe any regulations
necessary to carry out this section.
(d) DEFINITIONS. -- For the purpose of this section --
(1) the term "employee" has the meaning given such term by
section 5921(3) of title 5, United States Code;
(2) the term "Operation Desert Storm" has the meaning given
such term by section 3(1) of the Persian Gulf Conflict
Supplemental Authorization and Personnel Benefits Act of 1991 (10
U.S.C. 101 note); and
(3) the term "Persian Gulf conflict" means the period beginning
on August 2, 1990, and ending on June 2, 1991.
SEC. 1094. PROVISIONAL SUPERVISED EMPLOYMENT OF FEDERAL CHILD CARE
SERVICES PERSONNEL.
(a) EMPLOYMENT PENDING COMPLETION OF BACKGROUND CHECK. -- Section
231 of the Crime Control Act of 1990 (42 U.S.C. 13041) is amended --
(1) in the second sentence of subsection (a)(1), by striking
out "6 months after the date of enactment of this chapter, and no
additional staff" and inserting in lieu thereof "May 29, 1991.
Except as provided in subsection (b)(3), no additional staff";
and
(2) in subsection (b), by adding at the end the following new
paragraph:
"(3) An agency or facility described in subsection (a)(1) may hire a
staff person provisionally prior to the completion of a background check
if, at all times prior to receipt of the background check during which
children are in the care of the person, the person is within the sight
and under the supervision of a staff person with respect to whom a
background check has been completed.".
(b) ADDITIONAL SAFETY MEASURES FOR FEDERAL CHILD CARE SERVICE
FACILITIES. -- It is the sense of Congress that each agency of the
Federal Government, each facility operated by the Federal Government,
and each facility operated under contract with the Federal Government,
that provides child care services to children under the age of 18 --
(1) modify child care facilities to the extent necessary to
ensure that, except for restrooms, there are no secluded areas not
open to the general view of persons in such facilities;
(2) provide for regular oversight of the management and
operations of child care facilities by an agency official who is
not directly in charge of the operation of the facility; and
(3) to the maximum extent feasible allow parental access to
children in child care facilities at all times.
SEC. 1095. IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION
687.
(a) FINDING. -- The Congress finds that the Government of Iraq
continues to violate United Nations Security Council Resolution 687,
which required Iraq to submit within 15 days of its adoption on April 3,
1991, a declaration of the locations, amounts, and types of all weapons
of mass destruction and to "unconditionally accept the destruction,
removal or rendering harmless" of chemical weapons, biological weapons,
and missiles with a range greater than 150 kilometers and the removal of
nuclear weapons-usable material.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(1) Iraq's noncompliance with United Nations Security Council
Resolution 687 constitutes a continuing threat to the peace,
security, and stability of the Persian Gulf region;
(2) the President should consult closely with the partners of
the United States in the Desert Storm coalition and with the
members of the United Nations Security Council in order to present
a united front of opposition to Iraq's continuing noncompliance
with Security Council Resolution 687; and
(3) the Congress supports the use of all necessary means to
achieve the goals of Security Council Resolution 687 as being
consistent with the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1).
SEC. 1096. IRAQ AND THE REQUIREMENTS OF SECURITY COUNCIL RESOLUTION
688.
(a) FINDING. -- The Congress finds that the Government of Iraq,
through its ongoing suppression of the political opposition, including
Kurds and Shias, continues to violate the Universal Declaration of Human
Rights and United Nations Security Council Resolution 688 which demanded
that Iraq "ensure that the human and political rights of all Iraqi
citizens are respected".
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(1) Iraq's noncompliance with United Nations Security Council
Resolution 688 constitutes a continuing threat to the peace,
security, and stability of the Persian Gulf region;
(2) the President should consult closely with the partners of
the United States in the Desert Storm coalition and with the
members of the United Nations Security Council in order to present
a united front of opposition to Iraq's continuing noncompliance
with Security Council Resolution 688; and
(3) the Congress supports the use of all necessary means to
achieve the goals of United Nations Security Council Resolution
688 consistent with all relevant United Nations Security Council
Resolutions and the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1).
SEC. 1097. "22 USC 2751 note" ANNUAL REPORT ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND CHEMICAL
WEAPONS.
(a) REPORT REQUIRED. -- (1) The President shall submit to the
Committees on Armed Services and Foreign Affairs of the House of
Representatives and the Committees on Armed Services and Foreign
Relations of the Senate an annual report on the transfer by any country
of weapons, technology, or materials that can be used to deliver,
manufacture, or weaponize nuclear, biological, or chemical weapons
(hereinafter in this section referred to as "NBC weapons") to any
country other than a country referred to in subsection (d) that is
seeking to acquire such weapons, technology, or materials, or other
system that the Secretary of Defense has reason to believe could be used
to deliver NBC weapons.
(2) The first such report shall be submitted not later than 90 days
after the date of the enactment of this Act.
(b) MATTERS TO BE COVERED. -- Each such report shall cover --
(1) the transfer of all aircraft, cruise missiles, artillery
weapons, unguided rockets and multiple rocket systems, and related
bombs, shells, warheads and other weaponization technology and
materials that the Secretary has reason to believe may be intended
for the delivery of NBC weapons;
(2) international transfers of MTCR equipment or technology to
any country that is seeking to acquire such equipment or any other
system that the Secretary has reason to believe may be used to
deliver NBC weapons; and
(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized
materials that the Secretary has reason to believe could be used
to manufacture NBC weapons.
(c) CONTENT OF REPORT. -- Each such report shall include the
following:
(1) The status of missile, aircraft, and other weapons delivery
and weaponization programs in any such country, including efforts
by such country to acquire MTCR equipment, NBC-capable aircraft,
or any other weapon or major weapon component which is dedicated
to the delivery of NBC weapons, whose primary use is the delivery
of NBC weapons, or that the Secretary has reason to believe could
be used to deliver NBC weapons.
(2) The status of NBC weapons development, manufacture, and
deployment programs in any such country, including efforts to
acquire essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of feedstocks, and
biological cultures and toxins.
(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act, to any
such country in the development of --
(A) missile systems, as defined in the MTCR or that the
Secretary has reason to believe may be used to deliver NBC
weapons;
(B) aircraft and other delivery systems and weapons that the
Secretary has reason to believe could be used to deliver NBC
weapons; and
(C) NBC weapons.
(4) A listing of those persons and countries which continue to
provide such equipment or technology described in paragraph (3) to
any country as of the date of submission of the report.
(5) A description of the diplomatic measures that the United
States, and that other adherents to the MTCR and other agreements
affecting the acquisition and delivery of NBC weapons, have made
with respect to activities and private persons and governments
suspected of violating the MTCR and such other agreements.
(6) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries that
adhere to the MTCR and other agreements affecting the acquisition
and delivery of NBC weapons in controlling the export of MTCR and
other NBC weapons and delivery system equipment or technology.
(7) A summary of advisory opinions issued under section
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C. App.
2401b(b)(4)) and under section 73(d) of the Arms Export Control
Act (22 U.S.C. 2797b(d)).
(8) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space vehicles.
(d) EXCLUSIONS. -- The countries excluded under subsection (a) are
Australia, Belgium, Canada, Denmark, the Federal Republic of Germany,
France, Greece, Iceland, Israel, Italy, Japan, Luxembourg, the
Netherlands, Norway, Portugal, Spain, Turkey, the United Kingdom, and
the United States.
(e) CLASSIFICATION OF REPORT. -- The President shall make every
effort to submit all of the information required by this section in
unclassified form. Whenever the President submits any such information
in classified form, he shall submit such classified information in an
addendum and shall also submit concurrently a detailed summary, in
unclassified form, of that classified information.
(f) DEFINITIONS. -- For purposes of this section:
(1) The terms "missile", "MTCR", and "MTCR equipment or
technology" have the meanings given those terms in section 74 of
the Arms Export Control Act (22 U.S.C. 2797c).
(2) The term "weaponize" or "weaponization" means to
incorporate into, or the incorporation into, usable ordnance or
other militarily useful means of delivery.
(g) REPEAL OF SUPERSEDED LAW. -- Section 1704 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1749; 22 U.S.C. 2797) is repealed.
SEC. 1101. SHORT TITLE.
This title "10 USC 571 note" may be cited as the "Warrant Officer
Management Act".
SEC. 1111. ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT
OFFICER, W-5.
(a) "10 USC 571 note" ESTABLISHMENT OF GRADE. -- The grade of chief
warrant officer, W-5, is hereby established in the Army, Navy, Air
Force, and Marine Corps.
(b) BASIC PAY. -- The table relating to warrant officer grades in
section 201(b) of title 37, United States Code, is amended to read as
follows:
"Pay Grade: .............. Warrant Officer Grade:
W-5 ....................... Chief Warrant Officer, W-5.
W-4 ....................... Chief Warrant Officer, W-4.
W-3 ....................... Chief Warrant Officer, W-3.
W-2 ....................... Chief Warrant Officer, W-2.
W-1 ....................... Warrant Officer, W-1.".
(c) RATES OF PAY AND ALLOWANCES. -- "10 USC 1009 note" A warrant
officer who holds the grade of Chief Warrant Officer, W-5, is entitled
to pay and allowances at the monthly rates as follows:
(d) RATES FOR SPECIAL AND INCENTIVE PAYS AND TRANSPORTATION
ALLOWANCES. -- (1) The table relating to hazardous duty pay in section
301(b) of title 37, United States Code, is amended by inserting below
the item relating to the pay grade O-1 the following:
"W-5 .................... 250".
(2) The table relating to submarine duty pay for warrant officers in
section 301c(b) of such title is amended --
(A) by striking out the item relating to the pay grade W-4 the
first place it appears and inserting in lieu thereof the
following:
"W-5 ...... $235 $310 $310 $355 $355 $355 $355
"W-4 ...... 235 310 310 355 355 355 355"; and
(B) by striking out the item relating to the pay grade W-4 the
second place it appears and inserting in lieu thereof the
following:
"W-5 ...... $355 $355 $355 $355 $355 $355 $355
"W-4 ...... 355 355 355 355 355 355 355".
(3) The table relating to career sea pay for warrant officers in
section 305a(b) of such title is amended --
(A) by inserting after the item relating to the pay grade W-4
the first place it appears the following:
"W-5 ...... 150 150 150 150 170 290 310";
(B) by inserting after the item relating to the pay grade W-4
the second place it appears the following:
"W-5 ...... 310 310 310 350 375 400 450"; and
(C) by inserting after the item relating to the pay grade W-4
the last place it appears the following:
"W-5 ...... 450 500 500".
(4) The table relating to transportation of baggage and household
effects in section 406(b)(1)(C) of such title is amended by inserting
after the item relating to the pay grade O-1 the following:
"W-5 ............... 16,000 17,500".
SEC. 1112. PROMOTION AND RETENTION OF WARRANT OFFICERS.
(a) NEW WARRANT OFFICER PERSONNEL SYSTEM. -- Part II of subtitle A
of title 10, "10 USC 555 et seq." United States Code, is amended by
striking out subchapter II of chapter 33 and inserting in lieu thereof
the following:
"Sec.
"571. Warrant officers: grades.
"572. Warrant officers: original appointment; service credit.
"573. Convening of selection boards.
"574. Warrant officer active-duty lists; competitive categories;
number to be recommended for promotion; promotion zones.
"575. Recommendations for promotion by selection boards.
"576. Information furnished to selection boards; selection
procedures.
"577. Promotions: effect of failure of selection for.
"578. Promotions; how made; effective date.
"579. Removal from a promotion list.
"580. Regular warrant officers twice failing of selection for
promotion: involuntary retirement or separation.
"581. Selective retirement.
"582. Warrant officer active-duty list: exclusions.
"583. Definitions.
"Section 571. Warrant officers: grades
"(a) The regular warrant officer grades in the Army, Navy, Air Force,
and Marine Corps corresponding to the pay grades prescribed for warrant
officers by section 201(b) of title 37 are as follows: "Warrant officer
grade:
"Chief warrant officer, W-5
"Chief warrant officer, W-4
"Chief warrant officer, W-3
"Chief warrant officer, W-2
"Warrant officer, W-1
"(b) Appointments in the grade of regular warrant officer, W-1, shall
be made by warrant by the Secretary concerned. Appointments in regular
chief warrant officer grades shall be made by commission by the
President.
"(c) An appointment may not be made in any of the armed forces in the
regular warrant officer grade of chief warrant officer, W-5, if the
appointment would result in more than 5 percent of the warrant officers
of that armed force on active duty being in the grade of chief warrant
officer, W-5. In computing the limitation prescribed in the preceding
sentence, there shall be excluded warrant officers described in section
582 of this title.
"Section 572. Warrant officers: original appointment; service
credit
"For the purposes of promotion, persons originally appointed in
regular or reserve warrant officer grades shall be credited with such
service as the Secretary concerned may prescribe. However, such a
person may not be credited with a period of service greater than the
period of active service performed in the grade, or pay grade
corresponding to the grade, in which so appointed, or in any higher
grade or pay grade.
"Section 573. Convening of selection boards
"(a)(1) Whenever the Secretary of a military department determines
that the needs of the service so require, he shall convene a selection
board to recommend for promotion to the next higher warrant officer
grade warrant officers on the warrant officer active-duty list who are
in the grade of chief warrant officer, W-2, chief warrant officer, W-3,
or chief warrant officer, W-4.
"(2) Warrant officers serving on the warrant officer active duty list
in the grade of warrant officer, W-1, shall be promoted to the grade of
chief warrant officer, W-2, in accordance with regulations prescribed by
the Secretary of the military department concerned. Such regulations
shall require that an officer have served not less than 18 months on
active duty in the grade of warrant officer, W-1, before promotion to
the grade of warrant officer, W-2.
"(b) A selection board shall consist of five or more officers who are
on the active-duty list of the same armed force as the warrant officers
under consideration by the board. At least five members of a selection
board must be serving in a permanent grade above major or lieutenant
commander. The Secretary concerned may appoint warrant officers, senior
in grade to those under consideration, as additional members of the
selection board. If warrant officers are appointed members of the
selection board and if competitive categories have been established by
the Secretary under section 574(b) of this title, at least one must be
appointed from each warrant officer competitive category under
consideration by the board, unless there is an insufficient number of
warrant officers in the competitive category concerned who are senior in
grade to those under consideration and qualified, as determined by the
Secretary concerned, to be appointed as additional members of the board.
"(c) The Secretary concerned may convene selection boards to
recommend regular warrant officers for continuation on active duty under
section 580 of this title and for retirement under section 581 of this
title.
"(d) When reserve warrant officers of one of the armed forces are to
be considered by a selection board convened under subsection (a), the
membership of the board shall, if practicable, include at least one
reserve officer of that armed force, with the exact number of reserve
officers to be determined by the Secretary concerned.
"(e) No officer may serve on two consecutive boards under this
section, if the second board considers any warrant officer who was
considered by the first board.
"(f) The Secretary concerned shall prescribe all other matters
relating to the functions and duties of the boards, including the number
of members constituting a quorum, and instructions concerning notice of
convening of boards and communications with boards.
"Section 574. Warrant officer active-duty lists; competitive
categories; number to be recommended for promotion; promotion zones
"(a) The Secretary of each military department shall maintain for
each armed force under the jurisdiction of that Secretary a single list
of all warrant officers (other than warrant officers described in
section 582 of this title) who are on active duty.
"(b) The Secretary of each military department may establish
competitive categories for promotion. Warrant officers in the same
competitive category shall compete among themselves for promotion.
"(c) Before convening a selection board under section 573 of this
title, the Secretary concerned shall determine for each grade (or grade
and competitive category) to be considered by the board the following:
"(1) The maximum number of warrant officers to be recommended
for promotion.
"(2) A promotion zone for warrant officers on the warrant
officer active-duty list.
"(d) The position of a warrant officer on the warrant officer
active-duty list shall be determined as follows:
"(1) Warrant officers shall be carried in the order of
seniority of the grade in which they are serving on active duty.
"(2) Warrant officers serving in the same grade shall be
carried in the order of their rank in that grade.
"(3) A warrant officer on the warrant officer active-duty list
who receives a temporary appointment or a temporary assignment in
a grade other than a warrant officer grade or chief warrant
officer grade shall retain his position on the warrant officer
active duty list while so serving.
"(e) A chief warrant officer may not be considered for promotion to
the next higher grade under this chapter until the officer has completed
three years of service on active duty in the grade in which the officer
is serving.
"Section 575. Recommendations for promotion by selection boards
"(a) A selection board convened under section 573(a) of this title
shall recommend for promotion to the next higher grade those warrant
officers considered by the board whom the board, giving due
consideration to the needs of the armed force concerned for warrant
officers with particular skills, considers best qualified for promotion
within each grade (or grade and competitive category) considered by the
board.
"(b)(1) In the case of a selection board to consider warrant officers
for selection for promotion to the grade of chief warrant officer, W-4,
or chief warrant officer, W-5, the Secretary concerned shall establish
the number of warrant officers that the selection board may recommend
from among warrant officers being considered from below the promotion
zone within each grade (or grade and competitive category). The number
of warrant officers recommended for promotion from below the promotion
zone does not increase the maximum number of warrant officers which the
board is authorized under section 574 of this title to recommend for
promotion.
"(2) The number of officers recommended for promotion from below the
promotion zone may not exceed 10 percent of the total number
recommended, except that the Secretary of Defense may authorize such
percentage to be increased to not more than 15 percent.
"(c) A selection board convened under section 573(a) of this title
may not recommend a warrant officer for promotion unless --
"(1) the officer receives the recommendation of a majority of
the members of the board; and
"(2) a majority of the members of the board find that the
officer is fully qualified for promotion.
"(d) Each time a selection board is convened under section 573(a) of
this title to consider warrant officers in a competitive category for
promotion to the next higher grade, each warrant officer in the
promotion zone, and each warrant officer above the promotion zone, for
the grade and competitive category under consideration shall be
considered for promotion.
"Section 576. Information to be furnished to selection boards;
selection procedures
"(a) The Secretary of the military department concerned shall furnish
to each selection board convened under section 573 of this title the
following:
"(1) The maximum number of warrant officers that may be
recommended for promotion from those serving in any grade (or
grade and competitive category) to be considered, as determined in
accordance with section 574 of this title.
"(2) The names and pertinent records of all officers in each
grade (or grade and competitive category) to be considered.
"(3) Such information or guidelines relating to the needs of
the armed force concerned for warrant officers having particular
skills, including guidelines or information relating to the need
for either a minimum number or a maximum number of officers with
particular skills within a grade or competitive category, as the
Secretary concerned determines to be relevant in relation to the
requirements of that armed force.
"(b) From each promotion zone for a grade (or grade and competitive
category), the selection board shall recommend for promotion to the next
higher warrant officer grade those warrant officers whom it considers
best qualified for promotion, but no more than the number specified by
the Secretary concerned.
"(c) The names of warrant officers selected for promotion under this
section shall be arranged in the board's report in order of the
seniority on the warrant officer active-duty list.
"(d) Under such regulations as the Secretary concerned may prescribe,
the selection board shall report the names of those warrant officers
considered by it whose records establish, in its opinion, their
unfitness or unsatisfactory performance. A regular warrant officer
whose name is so reported shall be considered, under regulations
provided by the Secretary concerned, for retirement or separation under
section 1166 of this title.
"(e) The report of the selection board shall be submitted to the
Secretary of the military department concerned. The Secretary may
approve or disapprove all or part of the report.
"(f)(1) Upon receipt of the report of a selection board submitted to
him under subsection (e), the Secretary concerned shall review the
report to determine whether the board has acted contrary to law or
regulation or to guidelines furnished the board under this section.
Following such review, unless the Secretary concerned makes a
determination as described in paragraph (2), the Secretary shall submit
the report as required by subsection (e).
"(2) If, on the basis of a review of the report under paragraph (1),
the Secretary of the military department concerned determines that the
board acted contrary to law or regulation or to guidelines furnished the
board under this section, the Secretary shall return the report,
together with a written explanation of the basis for such determination,
to the board for further proceedings. Upon receipt of a report returned
by the Secretary concerned under this paragraph, the selection board (or
a subsequent selection board convened under section 573 of this title
for the same grade and competitive category) shall conduct such
proceedings as may be necessary in order to revise the report to be
consistent with law, regulation, and such guidelines and shall resubmit
the report, as revised, to the Secretary in accordance with subsection
(e).
"Section 577. Promotions: effect of failure of selection for
"A warrant officer who has been considered for promotion by a
selection board convened under section 573 of this title, but not
selected, shall be considered for promotion by each subsequent selection
board that considers officers in his grade (or grade and competitive
category) until he is retired or separated or he is selected for
promotion. However, the Secretary concerned may, by regulation,
preclude from consideration by a selection board by which he would
otherwise be eligible to be considered, a warrant officer who has an
established separation date that is within 90 days after the date on
which the board is convened.
"Section 578. Promotions; how made; effective date
"(a) When the report of a selection board convened under this chapter
is approved by the Secretary concerned, the Secretary shall place the
names of the warrant officers approved for promotion on a single
promotion list for each grade (or grade and competitive category), in
the order of the seniority of such officers on the warrant officer
active-duty list.
"(b) Promotions of warrant officers on the warrant officer promotion
list shall be made when, in accordance with regulations issued by the
Secretary concerned, additional warrant officers in that grade (or grade
and competitive category), are needed.
"(c) A regular warrant officer who is promoted is appointed in the
regular grade to which promoted, and a reserve warrant officer who is
promoted is appointed in the reserve grade to which promoted. The date
of appointment in that grade and date of rank shall be prescribed by the
Secretary concerned. A warrant officer is entitled to the pay and
allowances for the grade to which appointed from the date specified in
the appointment order.
"(d) Promotions shall be made in the order in which the names of
warrant officers appear on the promotion list and after warrant officers
previously selected for promotion in the applicable grade (or grade and
competitive category) have been promoted.
"Section 579. Removal from a promotion list
"(a) The name of a warrant officer recommended for promotion by a
selection board convened under this chapter may be removed from the
report of the selection board by the President.
"(b) The Secretary concerned may remove the name of a warrant officer
who is on a promotion list as a result of being recommended for
promotion by a selection board convened under this chapter at any time
before the promotion is effective.
"(c) An officer whose name is removed from the list of officers
recommended for promotion by a selection board continues to be eligible
for consideration for promotion.
"(d) If the next selection board that considers the warrant officer
for promotion under this chapter selects the warrant officer for
promotion and the warrant officer is promoted, the Secretary concerned
may, upon his promotion, grant him the same effective date for pay and
allowances and the same date of rank, and the same position on the
warrant officer active-duty list as the warrant officer would have had
if his name had not been so removed.
"(e) If the next selection board does not select the warrant officer
for promotion, or if his name is again removed under subsection (a) from
the list of officers recommended for promotion by the selection board or
under subsection (b) from the warrant officer promotion list, he shall
be treated for all purposes as if he has twice failed of selection for
promotion.
"Section 580. Regular warrant officers twice failing of selection
for promotion: involuntary retirement or separation
"(a)(1) Unless retired or separated sooner under some other provision
of law, a regular chief warrant officer who has twice failed of
selection for promotion to the next higher regular warrant officer grade
shall be retired under paragraph (2) or (3) or separated from active
duty under paragraph (4).
"(2) If a warrant officer described in paragraph (1) has more than 20
years of creditable active service on (A) the date on which the
Secretary concerned approves the report of the board under section
576(e) of this title, or (B) the date on which his name was removed from
the recommended list under section 579 of this title, whichever applies,
the warrant officer shall be retired. The date of such retirement shall
be not later than the first day of the seventh calendar month beginning
after the applicable date under the preceding sentence, except as
provided by section 8301 of title 5. A warrant officer retired under
this paragraph shall receive retired pay computed under section 1401 of
this title.
"(3) If a warrant officer described in paragraph (1) has at least 18
but not more than 20 years of creditable active service on (A) the date
on which the Secretary concerned approves the report of the board under
section 576(e) of this title, or (B) the date on which his name was
removed from the recommended list under section 579 of this title,
whichever applies, the warrant officer shall be retired not later than
the date determined under the next sentence unless he is selected for
promotion to the next higher regular warrant officer grade before that
date. The date of the retirement of a warrant officer under the
preceding sentence shall be on a date specified by the Secretary
concerned, but not later than the first day of the seventh calendar
month beginning after the date upon which he completes 20 years of
active service, except as provided by section 8301 of title 5. A
warrant officer retired under this paragraph shall receive retired pay
computed under section 1401 of this title.
"(4)(A) If a warrant officer described in paragraph (1) has less than
18 years of creditable active service on (i) the date on which the
Secretary concerned approves the report of the board under section
576(e) of this title, or (ii) the date on which his name was removed
from the recommended list under section 579 of this title, whichever
applies, the warrant officer shall be separated. The date of such
separation shall be not later than the first day of the seventh calendar
month beginning after the applicable date under the preceding sentence.
"(B) A warrant officer separated under this paragraph shall receive
separation pay computed under section 1174 of this title except in a
case in which --
"(i) upon his request and in the discretion of the Secretary
concerned, he is enlisted in the grade prescribed by the
Secretary; or
"(ii) he is serving on active duty in a grade above chief
warrant officer, W-5, and he elects, with the consent of the
Secretary concerned, to remain on active duty in that status.
"(5) A warrant officer who is subject to retirement or discharge
under this subsection is not eligible for further consideration for
promotion.
"(6) In this subsection, the term 'creditable active service' means
active service that could be credited to a warrant officer under section
511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
"(b) The Secretary concerned may defer, for not more than four
months, the retirement or separation under this section of a warrant
officer if, because of unavoidable circumstances, evaluation of his
physical condition and determination of his entitlement to retirement or
separation for physical disability require hospitalization or medical
observation that cannot be completed before the date on which he would
otherwise be required to retire or be separated under this section.
"(c) The Secretary concerned may defer, until such date as he
prescribes, the retirement under subsection (a) of a warrant officer who
is serving on active duty in a grade above chief warrant officer, W-5,
and who elects to continue to so serve.
"(d) If a warrant officer who also holds a grade above chief warrant
officer, W-5, is retired or separated under subsection (a), his
commission in the higher grade shall be terminated on the date on which
he is so retired or separated.
"(e)(1) A regular warrant officer subject to discharge or retirement
under this section may, subject to the needs of the service, be
continued on active duty if he is selected for continuation on active
duty by a selection board convened under section 573(c) of this title.
"(2) A warrant officer who is selected for continuation on active
duty under this subsection but declines to continue on active duty shall
be discharged, retired, or retained on active duty, as appropriate, in
accordance with this section.
"(3) Each warrant officer who is continued on active duty under this
subsection, not subsequently promoted or continued on active duty, and
not on a list of warrant officers recommended for continuation or for
promotion to the next higher regular grade shall, unless sooner retired
or discharged under another provision of law --
"(A) be discharged upon the expiration of his period of
continued service; or
"(B) if he is eligible for retirement under any provision of
law, be retired under that law on the first day of the first month
following the month in which he completes his period of continued
service.
Notwithstanding subparagraph (A), a warrant officer who would otherwise
be discharged under such subparagraph and who is within two years of
qualifying for retirement under section 1293 of this title shall, unless
he is sooner retired or discharged under some other provision of law, be
retained on active duty until he is qualified for retirement under that
section and then be retired.
"(4) The retirement or discharge of a warrant officer pursuant to
this subsection shall be considered to be an involuntary retirement or
discharge for purposes of any other provision of law.
"(5) Continuation of a warrant officer on active duty under this
subsection pursuant to the action of a selection board convened under
section 573(c) of this title is subject to the approval of the Secretary
concerned.
"(6) The Secretary of Defense shall prescribe regulations for the
administration of this subsection.
"Section 581. Selective retirement
"(a) A regular warrant officer in the Army, Navy, Air Force, or
Marine Corps who holds a warrant officer grade above warrant officer,
W-1, and whose name is not on a list of warrant officers recommended for
promotion and who is eligible to retire under any provision of law may
be considered for retirement by a selection board convened under section
573(c) of this title. The Secretary concerned shall specify the maximum
number of warrant officers that such a board may recommend for
retirement.
"(b) A warrant officer who is recommended for retirement under this
section and whose retirement is approved by the Secretary concerned
shall be retired, under any provision of law under which he is eligible
to retire, on the date requested by him and approved by the Secretary
concerned, which date shall be not later than the first day of the
seventh calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for retirement.
"(c) The retirement of a warrant officer pursuant to this section
shall be considered to be an involuntary retirement for purposes of any
other provision of law.
"(d)(1) The Secretary concerned shall prescribe regulations for the
administration of this section. Such regulations shall require that
when the Secretary concerned submits a list of regular warrant officers
to a selection board convened under section 573(c) of this title to
consider regular warrant officers for selection for retirement under
this section, the list shall include each warrant officer on the
active-duty list in the same grade or same grade and competitive
category whose position on the active-duty list is between that of the
most junior regular warrant officer in that grade whose name is
submitted to the board and that of the most senior regular warrant
officer in that grade whose name is submitted to the board.
"(2) Such regulations shall establish procedures to exclude from
consideration by the Board any warrant officer who has been approved for
voluntary retirement, or who is to be mandatorily retired under any
other provision of law, during the fiscal year in which the Board is
convened or during the following fiscal year. An officer not considered
by a selection board convened under section 573(c) of this title under
such regulations because the officer has been approved for voluntary
retirement shall be retired on the date approved for the retirement of
such officer as of the convening date of such selection board unless the
Secretary concerned approves a modification of such date in order to
prevent a personal hardship for the officer or for other humanitarian
reasons.
"Section 582. Warrant officer active-duty list: exclusions
"Warrant officers in the following categories are not subject to this
chapter:
"(1) Reserve warrant officers --
"(A) on active duty for training;
"(B) on active duty under section 672(d) of this title in
connection with organizing, administering, recruiting,
instructing, or training the reserve components;
"(C) on active duty to pursue special work;
"(D) ordered to active duty under section 673b of this title;
or
"(E) on full-time National Guard duty.
"(2) Retired warrant officers on active duty.
"(3) Students enrolled in the Army Physician's Assistant
Program.
"Section 583. Definitions
"In this chapter:
"(1) The term 'promotion zone' means a promotion eligibility
category consisting of officers on a warrant officer active-duty
list in the same grade (or the same grade and competitive
category) who --
"(A) in the case of grades below chief warrant officer, W-5,
have neither (i) failed of selection for promotion to the next
higher grade, nor (ii) been removed from a list of warrant
officers recommended for promotion to that grade (other than after
having been placed on that list after a selection from below the
promotion zone); and
"(B) are senior to the warrant officer designated by the
Secretary concerned to be the junior warrant officer in the
promotion zone eligible for promotion to the next higher grade.
"(2) The term 'warrant officers above the promotion zone' means
a group of officers on a warrant officer active-duty list in the
same grade (or the same grade and competitive category) who --
"(A) are eligible for consideration for promotion to the next
higher grade;
"(B) are in the same grade as warrant officers in the promotion
zone; and
"(C) are senior to the senior warrant officer in the promotion
zone.
"(3) The term 'warrant officers below the promotion zone' means
a group of officers on a warrant officer active-duty list in the
same grade (or the same grade and competitive category) who --
"(A) are eligible for consideration for promotion to the next
higher grade;
"(B) are in the same grade as warrant officers in the promotion
zone; and
"(C) are junior to the junior warrant officer in the promotion
zone.".
(b) CONFORMING AND CLERICAL AMENDMENTS. -- (1) Chapter 33 of such
title is amended by striking out the chapter heading, the table of
subchapters, and the heading of subchapter I and inserting in lieu
thereof the following:
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part II of subtitle A, of such title are amended by
striking out the item relating to chapter 33 and inserting in lieu
thereof the following:
"33. Original Appointments of Regular Officers Warrant Officer
Grades ..................................................... 531
"33A. Appointment, Promotion, and Involuntary Separation and
Retirement for Members on the Warrant Officer Active-Duty List
........................................... 571".
SEC. 1113. TEMPORARY APPOINTMENTS.
(a) REPEAL OF PERMANENT AUTHORITY FOR TEMPORARY PROMOTIONS. --
Section 602 of title 10, United States Code, is repealed.
(b) AUTHORITY FOR TEMPORARY APPOINTMENTS DURING WAR OR NATIONAL
EMERGENCY. -- Section 603(a) of such title is amended --
(1) by striking out "commissioned";
(2) by striking out "in warrant officer grades or"; and
(3) by striking out the period at the end of the second
sentence and inserting in lieu thereof ", except that an
appointment in the grade warrant officer, W-1, shall be made by
warrant by the Secretary concerned.".
(c) NAVY AND MARINE CORPS WARRANT OFFICER APPOINTMENTS. -- Section
5596 of such title is amended --
(1) in subsection (a), by striking out "appointments -- " and
all that follows through "of officers designated" and inserting in
lieu thereof "appointments of officers designated"; and
(2) in subsection (d), by striking out "subsection (a)(2)" and
inserting in lieu thereof "subsection (a)".
(d) TECHNICAL AND CLERICAL AMENDMENTS. -- (1)(A) The heading of
section 603 of such title is amended to read as follows:
"Section 603. Appointments in time of war or national emergency".
(B) The table of sections at the beginning of chapter 35 of such
title is amended by striking out the items relating to sections 602 and
603 and inserting in lieu thereof the following:
"603. Appointments in time of war or national emergency.".
(2)(A) The heading of section 5596 of such title is amended by
striking out "warrant officers and".
(B) The item relating to section 5596 in the table of sections at the
beginning of chapter 539 of such title is amended by striking out
"warrant officers and".
SEC. 1114. RANK OF WARRANT OFFICERS.
(a) RANK WITHIN GRADE. -- Chapter 43 of title 10, United States
Code, is amended by inserting after section 741 the following new
section:
"Section 742. Rank: warrant officers
"(a) Among warrant officer grades, warrant officer grades of a higher
numerical designation are senior to warrant officer grades of a lower
numerical designation.
"(b) Rank among warrant officers of the same grade, and date of rank
of warrant officers, is determined in the same manner as prescribed in
section 741 of this title for officers in grades above warrant officer
grades.".
(b) CONFORMING REPEAL. -- Section 745 of such title is repealed.
(c) CLERICAL AMENDMENTS. -- The table of sections at the beginning
of chapter 43 of such title is amended --
(1) by inserting after the item relating to section 741 the
following new item:
"742. Rank: warrant officers.";
and
(2) by striking out the item relating to section 745.
SEC. 1115. SUSPENSION IN TIME OF WAR OR NATIONAL EMERGENCY.
Section 644 of title 10, United States Code, is amended by striking
out "commissioned" in the first sentence.
SEC. 1116. MANDATORY RETIREMENT OF REGULAR ARMY WARRANT OFFICERS FOR
LENGTH OF SERVICE.
Section 1305(a) of title 10, United States Code, is amended --
(1) by striking out "A permanent regular warrant officer" and
inserting in lieu thereof "(1) Except as provided in paragraph
(2), a regular warrant officer (other than a regular Army warrant
officer in the grade of chief warrant officer, W-5"; and
(2) by adding at the end the following new paragraph:
"(2)(A) A regular Army warrant officer in the grade of chief warrant
officer, W-5, who has at least 30 years of active service as a warrant
officer that could be credited to him under section 511 of the Career
Compensation Act of 1949, as amended (70 Stat. 114), shall be retired 60
days after the date on which he completes that service, except as
provided by section 8301 of title 5.
"(B) A regular Army warrant officer in a warrant officer grade below
the grade of chief warrant officer, W-5, who completes 24 years of
active service as a warrant officer before he is required to be retired
under paragraph (1) shall be retired 60 days after the date on which he
completes 24 years of active service as a warrant officer, except as
provided by section 8301 of title 5.".
SEC. 1121. TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS SERVING
IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
(a) CERTAIN OFFICERS TO BE CONSIDERED AS RECOMMENDED FOR PROMOTION.
-- A regular warrant officer of the Armed Forces (other than the Coast
Guard) who on the effective date of this title is on active duty and --
(1) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than his permanent grade;
(2) is on a list of officers recommended for promotion to a
temporary grade below chief warrant officer, W-5; or
(3) is on a list of officers recommended for promotion to a
permanent grade higher than the grade in which he is serving;
shall be considered to have been recommended by a board convened under
section 573 of title 10, United States Code, as added by this title, for
promotion to the permanent grade equivalent to the grade in which he is
serving or for which he has been recommended for promotion, as the case
may be.
(b) BOARD CONSIDERATION FOR OFFICERS REMOVED FROM PROMOTION LIST. --
An officer referred to in paragraph (1) of subsection (a) who is not
promoted to the grade to which he is considered under such subsection to
have been recommended for promotion because his name is removed from a
list of officers who are considered under such paragraph to have been
recommended for promotion shall be considered by a board convened under
section 573 of title 10, United States Code, as amended by this title,
for promotion to the permanent grade equivalent to the temporary grade
in which he was serving on the effective date of this title as if he
were serving in his permanent grade.
(c) DATE OF RANK. -- The date of rank of an officer referred to in
subsection (a)(1) who is promoted to the grade in which he is serving on
the effective date of this title is the date of his temporary
appointment in that grade.
SEC. 1122. TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS SERVING
IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT OFFICER, W-5.
(a) CERTAIN OFFICERS TO BE CONSIDERED AS RECOMMENDED FOR PROMOTION.
-- (1) Except as provided in subsection (b), a reserve warrant officer
of the Armed Forces (other than the Coast Guard) who on the effective
date of this title is subject to placement on the warrant officer
active-duty list and who --
(A) is serving in a temporary grade below chief warrant
officer, W-5, that is higher than his permanent grade; or
(B) is on a list of warrant officers recommended for promotion
to a temporary grade below chief warrant officer, W-5, that is the
same as or higher than his permanent grade;
shall be considered to have been recommended by a board convened under
section 598 of title 10, United States Code, for promotion to the
permanent grade equivalent to the grade in which he is serving or for
which he has been recommended for promotion, as the case may be.
(2) The date of rank of a warrant officer referred to in paragraph
(1)(A) who is promoted to the grade in which he is considered under such
paragraph to have been recommended for promotion is the date of his
temporary appointment in that grade.
(b) RESERVES ON ACTIVE DUTY. -- A reserve warrant officer who on the
effective date of this title --
(1) is subject to placement on the warrant officer active-duty
list;
(2) is serving on active duty in a temporary grade; and
(3) holds a permanent grade higher than the temporary grade in
which he is serving,
shall while continuing on active duty retain such temporary grade and
shall be considered for promotion to a grade equal to or lower than his
permanent grade as if such temporary grade is a permanent grade. If
such warrant officer is recommended for promotion, his appointment to
such grade shall be a temporary appointment.
SEC. 1123. CONTINUATION OF CERTAIN TEMPORARY APPOINTMENTS OF NAVY
AND MARINE CORPS WARRANT OFFICERS.
A warrant officer of the Navy or Marine Corps who, on the effective
date of this title, is subject to placement on the warrant officer
active-duty list and who --
(1) was appointed as a temporary warrant officer under section
5596 of title 10, United States Code, and
(2) has retained a permanent enlisted status,
shall, while continuing on active duty, retain such temporary status and
grade. Such an officer shall be considered for promotion to a higher
warrant officer grade under this title as if that temporary grade is a
permanent grade. If the officer is recommended for promotion, the
officer's appointment to that grade shall be a temporary appointment.
SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT
OFFICERS FACING MANDATORY RETIREMENT FOR LENGTH OF SERVICE.
(a) SAVINGS PROVISION. -- Subject to subsection (b), a regular
warrant officer of the Army who on the effective date of this title --
(1) is a permanent regular chief warrant officer; or
(2) is on a list of officers recommended for promotion to a
regular chief warrant officer grade,
may be retained on active duty until he completes 30 years of active
service or 24 years of active warrant officer service, whichever is
later, that could be credited to him under section 511 of the Career
Compensation Act of 1949 (70 Stat. 114) (as in effect on the day before
the effective date of this part), and then be retired under the
appropriate provision of title 10, United States Code, on the first day
of the month after the month in which he completes that service.
(b) EXCEPTIONS. -- Subsection (a) does not apply to a regular
warrant officer who --
(1) is sooner retired or separated under another provision of
law;
(2) is promoted to the regular grade of chief warrant officer,
W-5; or
(3) is continued on active duty under section 580(e) of title
10, United States Code, as added by this title.
SEC. 1125. PRESERVATION OF EXISTING LAW FOR COAST GUARD.
(a) IN GENERAL. -- Notwithstanding any other provision of law, the
provisions of sections 555 through 565 of title 10, "10 USC 555 note"
United States Code, as in effect on the day before the effective date of
this title, shall continue to apply to the Coast Guard on and after that
date.
(b) CONFORMING AMENDMENTS TO TITLE 14, UNITED STATES CODE. -- (1)
Section 286a(a) of title 14, United States Code, is amended by inserting
"(as in effect on the day before the effective date of the Warrant
Officer Management Act)" after "section 564(a)(3) of title 10".
(2) Section 334(b) of such title is amended by striking out "section
564, 1263, 1293, or 1305 of title 10" and inserting in lieu thereof
"section 564 of title 10 (as in effect on the day before the effective
date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of
title 10".
SEC. 1131. TECHNICAL AND CONFORMING AMENDMENTS.
Title 10, United States Code, is amended as follows:
(1)(A) Sections 521(a) and 741(d)(3) are amended by striking
out "warrant officer (W-4)" and inserting in lieu thereof "chief
warrant officer, W-5,".
(B) Section 522 is amended by striking out "chief warrant
officer (W-4)" and inserting in lieu thereof "chief warrant
officer, W-5,".
(2) Section 597(a) is amended by striking out "section 555(a)"
and inserting in lieu thereof "section 571(a)".
(3) Section 598 is amended by inserting "not on the warrant
officer active-duty list" after "reserve warrant officers".
(4) Section 628(a)(1) is amended by striking out "section 558"
and inserting in lieu thereof "section 573".
(5) Section 1166(a) is amended by striking out "section 560"
and inserting in lieu thereof "section 576".
(6) Section 1174(a) is amended by striking out "section 564"
and inserting in lieu thereof "section 580".
(7) Section 1406 is amended by striking out "564" in the first
column in the table in subsection (b) and inserting in lieu
thereof "580".
(8)(A) Sections 5414, 5457, 5458, 5501, 5502, 5600(a)(1), 5665,
6389(d), and 6391(a) are amended by striking out "W-4" each place
it appears (including in section headings) and inserting in lieu
thereof "W-5".
(B) The table of sections at the beginning of each chapter of
title 10, United States Code, containing a section referred to in
subparagraph (A) (other than sections 5600, 6389, and 6391) is
amended by striking out "W-4" in the item relating to each such
section and inserting in lieu thereof "W-5".
(9) Section 5503 is amended --
(A) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively; and
(B) by inserting before paragraph (2), as so redesignated, the
following new paragraph (1):
"(1) Chief warrant officer, W-5.".
SEC. 1132. EFFECTIVE DATE.
This title "10 USC 521 note" and the amendments made by this title
shall take effect on February 1, 1992.
SEC. 1201. EXTENSION OF SUPPLEMENTAL AUTHORIZATIONS.
(a) APPLICABILITY OF PUBLIC LAW 102-25 AUTHORIZATIONS TO FISCAL YEAR
1992. -- Sections 101 and 102(c) of Public Law 102-25 (105 Stat. 78)
are each amended by striking out "fiscal year 1991" each place it
appears and inserting in lieu thereof "fiscal years 1991 and 1992".
(b) LIMITATION ON APPLICABILITY OF NOTICE-AND-WAIT REQUIREMENT. --
The provisions of section 105 of Public Law 102-25 (105 Stat. 79) shall
apply only to appropriations provided in Public Law 102-28 (105 Stat.
161).
(c) INCREASED LIMITATION ON AUTHORITY FOR TRANSFER OF FISCAL YEAR
1992 AUTHORIZATIONS. -- The amount of the transfer authority provided
in section 1001 is increased by the amount of the transfers of funds
made to fiscal year 1992 appropriations accounts pursuant to sections
101 and 102(c) of Public Law 102-25, as amended by subsection (a).
(d) TECHNICAL AMENDMENTS. --
(1) CORRECTION OF REFERENCE. -- Sections 102 and 203(b) of
Public Law 102-25 (105 Stat. 75) are amended by striking out
"Persian Gulf Conflict Working Capital Account" each place such
term appears and inserting in lieu thereof "Persian Gulf Regional
Defense Fund".
(2) CONFORMING AMENDMENT. -- Sections 101(b)(2), 102(b), and
105(b)(4) of Public Law 102-25 (105 Stat. 75) are amended by
striking out "working capital account" each place such term
appears and inserting in lieu thereof "Persian Gulf Regional
Defense Fund".
SEC. 1202. AUTHORIZATION OF APPROPRIATIONS FOR OPERATION DESERT
STORM.
(a) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to the Department of Defense for fiscal year 1992 from
current and future balances in the Defense Cooperation Account the sum
of $3,811,096,000 as follows:
(1) PROCUREMENT. -- For procurement:
(A) ARMY. -- For the Army:
(i) For aircraft, $200,600,000.
(ii) For missiles, $221,800,000.
(iii) For weapons and tracked combat vehicles, $63,300,000.
(iv) For other procurement, $80,500,000.
(B) NAVY. -- For the Navy:
(i) For aircraft, $458,000,000.
(ii) For weapons, $8,100,000.
(iii) For other procurement, $112,700,000.
(C) MARINE CORPS. -- For the Marine Corps, $4,300,000.
(D) AIR FORCE. -- For the Air Force:
(i) For aircraft, $387,700,000.
(ii) For other procurement, $560,000,000.
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. -- For
research, development, test, and evaluation:
(A) ARMY. -- For the Army, $47,800,000.
(B) NAVY. -- For the Navy, $6,100,000.
(C) AIR FORCE. -- For the Air Force, $26,500,000.
(D) DEFENSE AGENCIES. -- For the Defense Agencies,
$28,100,000.
(3) OPERATION AND MAINTENANCE. -- For operation and
maintenance as follows:
(A) ARMY. -- For the Army, $227,300,000.
(B) DEFENSE AGENCIES. -- For the Defense Agencies,
$50,000,000.
(C) ARMY RESERVE. -- For the Army Reserve, $23,200,000.
(D) NAVAL RESERVE. -- For the Naval Reserve, $28,300,000.
(E) ARMY NATIONAL GUARD. -- For the Army National Guard,
$41,900,000.
(F) AIR NATIONAL GUARD. -- For the Air National Guard,
$55,000,000.
(4) WORKING CAPITAL FUNDS. -- For providing capital for such
funds as follows:
(A) ARMY STOCK FUND. -- For the Army Stock Fund, $410,000,000.
(B) NAVY STOCK FUND. -- For the Navy Stock Fund, $450,000,000.
(C) AIR FORCE STOCK FUND. -- For the Air Force Stock Fund,
$280,000,000.
(5) MILITARY PERSONNEL, ARMY NATIONAL GUARD. -- For military
personnel, Army National Guard, $40,196,000.
(b) AVAILABILITY BY TRANSFER. -- To the extent provided in
appropriations Acts, amounts appropriated pursuant to subsection (a)
shall be available only in accordance with that subsection for --
(1) transfer by the Secretary of Defense to fiscal year 1992
appropriations accounts of the Department of Defense for
incremental costs associated with Operation Desert Storm; and
(2) replenishment of the Persian Gulf Regional Defense Fund by
transfer from the Defense Cooperation Account.
(c) RELATIONSHIP TO OTHER AUTHORIZATIONS. -- The authorizations of
appropriations in this section are in addition to the amounts otherwise
authorized to be appropriated by any other provision of this Act or by
any other Act enacted before the date of the enactment of this Act.
(d) MONTHLY REPORTS ON TRANSFERS. -- Not later than seven days after
the end of each month in fiscal year 1992, the Secretary of Defense
shall submit to the congressional defense committees and the Comptroller
General of the United States a detailed report on the cumulative total
amount of the transfers made under the authority of this title through
the end of that month.
SEC. 1203. DEFINITIONS.
(a) INCLUSION OF OPERATION PROVIDE COMFORT. -- Section 3(1) of
Public Law 102-25 (105 Stat. 77) "10 USC 101 note" is amended by
striking out "Operation Desert Shield and Operation Desert Storm" and
inserting in lieu thereof "Operation Desert Shield, Operation Desert
Storm, and Operation Provide Comfort".
(b) INCREMENTAL COSTS ASSOCIATED WITH OPERATION DESERT STORM. -- In
this title, the term "incremental costs associated with Operation Desert
Storm" has the meaning given such term in section 3(2) of Public Law
102-25 (105 Stat. 77).
SEC. 2001. SHORT TITLE.
This division may be cited as the "Military Construction
Authorization Act for Fiscal Year 1992".
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES. -- Using amounts appropriated pursuant
to the authorization of appropriations in section 2105(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects in the amounts shown for the following
installations and locations inside the United States:
Anniston Army Depot, $105,800,000.
Fort Rucker, $17,700,000.
Redstone Arsenal, $74,700,000.
Fort Greely, $7,600,000.
Fort Richardson, $7,000,000.
Fort Wainwright, $7,950,000.
Fort Huachuca, $18,000,000.
Fort Hunter Liggett, $4,700,000.
Fort Irwin, $10,320,000.
Sierra Army Depot, $1,950,000.
Fort Carson, $10,500,000.
Pueblo Army Depot, $6,300,000.
Fort Benning, $2,150,000.
Fort Gordon, $1,200,000.
Fort Stewart, $950,000.
Fort Shafter, $5,650,000.
Schofield Barracks, $3,650,000.
Fort Riley, $2,600,000.
Fort Campbell, $17,050,000.
Fort Knox, $23,450,000.
Fort Polk, $22,730,000.
Aberdeen Proving Ground, $11,150,000.
Fort Ritchie, $3,900,000.
Natick Research Center, $4,250,000.
Fort Leonard Wood, $12,200,000.
Cold Regions Laboratory, $3,700,000.
Fort Dix, $20,000,000.
White Sands Missile Range, $14,209,000.
Seneca Army Depot, $1,150,000.
United States Military Academy, West Point, $15,800,000.
Fort Drum, $6,200,000.
Fort Bragg, $13,400,000.
Fort Sill, $3,350,000.
Umatilla Army Depot, $11,100,000.
Letterkenny Army Depot, $3,150,000.
Tobyhanna Army Depot, $10,100,000.
Fort Bliss, $22,200,000.
Corpus Christi Army Depot, $3,400,000.
Fort Hood, $46,700,000.
Fort Sam Houston, $4,350,000.
Red River Army Depot, $2,020,000.
Dugway Proving Ground, $4,000,000.
Tooele Army Depot, $14,700,000.
Fort A.P. Hill, $6,100,000.
Fort Belvoir, $19,950,000.
Fort Eustis, $8,500,000.
Fort Lee, $18,000,000.
Fort Myer, $5,550,000.
Fort Pickett, $2,800,000.
Fort Story, $900,000.
Vint Hill Farms Station, $3,550,000.
Fort Lewis, $49,000,000.
Fort McCoy, $18,500,000.
Classified Location, $3,000,000.
(b) OUTSIDE THE UNITED STATES. -- Using amounts appropriated
pursuant to the authorization of appropriations in section 2105(a)(2),
the Secretary of the Army may acquire real property and carry out
military construction projects in the amount shown for the following
location outside the United States:
Kwajalein, $77,400,000.
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION. -- Using amounts appropriated
pursuant to the authorization of appropriations in section
2105(a)(6)(A), the Secretary of the Army may construct or acquire
military family housing units (including land) in the number of units
shown, and in the amount shown, for the following installations:
(1) Fort Hunter Liggett, California, one hundred fifty-four
units, $22,000,000.
(2) Fort Irwin, California, one hundred seventy-two units,
$18,000,000.
(3) Fort Carson, Colorado, one unit, $150,000.
(4) Camp Merrill, Georgia, forty units, $4,550,000.
(5) Fort Stewart, Georgia, one unit, $190,000.
(6) Hawaii, Oahu Various, three hundred sixty units,
$41,500,000.
(7) Fort Leonard Wood, Missouri, two units, $360,000.
(8) Fort Lee, Virginia, one unit, $270,000.
(b) PLANNING AND DESIGN. -- Using amounts appropriated pursuant to
the authorization of appropriations in section 2105(a)(6)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $5,220,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2105(a)(6)(A), the Secretary of the Army may improve existing
military family housing in an amount not to exceed $74,980,000.
SEC. 2104. DEFENSE ACCESS ROADS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2105(a)(5), the Secretary of the Army may make
advances to the Secretary of Transportation for the construction of
defense roads under section 210 of title 23, United States Code, at Fort
Eustis, Virginia, in the total amount of $2,800,000.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL. -- Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 1991, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $2,576,674,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $718,829,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $77,400,000.
(3) For unspecified minor construction projects authorized
under section 2805 of title 10, United States Code, $11,000,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$118,400,000, of which $25,000,000 shall be for Host Nation
Support construction projects.
(5) For advances to the Secretary of Transportation for
construction of defense access roads under section 210 of title
23, United States Code, $2,800,000.
(6) For military family housing functions:
(A) For construction and acquisition of military family housing
and facilities, $167,220,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$1,397,025,000, of which not more than $360,783,000 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, $84,000,000, 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
division may not exceed the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
SEC. 2106. AUTHORIZED LONG-TERM FACILITIES CONTRACTS.
Subject to section 2809 of title 10, United States Code, the
Secretary of the Army may enter into long-term contracts for
construction, management, and operation of facilities for the purpose
shown, and in the estimated capital investment cost shown, for the
following installations:
(1) Redstone Arsenal, Alabama, child development center,
$1,900,000.
(2) Redstone Arsenal, Alabama, transient quarters, $6,000,000.
(3) Fort Irwin, California, consolidated maintenance and supply
complex, $30,000,000.
(4) Fort McPherson, Georgia, child development center,
$2,300,000.
(5) Price Support Center, Illinois, transient quarters,
$6,000,000.
(6) Detroit Arsenal, Detroit, Michigan, child development
center, $1,100,000.
(7) Fort Belvoir, Virginia, child development center,
$6,500,000.
SEC. 2107. AUTHORIZED MILITARY HOUSING RENTAL GUARANTEE PROJECTS.
Subject to section 2836 of title 10, United States Code (as added by
section 2809 of this Act), the Secretary of the Army may enter into
rental guarantee agreements for military housing for the number of units
shown at the following installations and locations:
(1) Oahu, Hawaii, five hundred units.
(2) Fort Belvoir, Virginia, three hundred units.
SEC. 2108. AUTHORIZATION OF FAMILY HOUSING PROJECT FOR WHICH FUNDS
HAVE BEEN APPROPRIATED.
Section 2102(a) of the Military Construction Authorization Act for
Fiscal Year 1991 (division B of Public Law 101-510, 104 Stat. 1760) is
amended by striking out "Kansas, Fort Riley, two hundred and four units,
$12,500,000." and inserting in lieu thereof "Kansas, Fort Riley, two
hundred fifty units, $16,500,000.".
SEC. 2109. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) FISCAL YEAR 1991 PROJECT. -- (1) Section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510; 104 Stat. 1758) is amended by striking out the
following:
"Fort Benjamin Harrison, $5,600,000.".
(2) Section 2104(a) of such Act (104 Stat. 1761) is amended --
(A) by striking out "$2,285,237,000" and inserting in lieu
thereof "$2,282,937,000"; and
(B) in paragraph (1), by striking out "$582,207,000" and
inserting in lieu thereof "$579,907,000".
(b) FISCAL YEAR 1990 PROJECTS. -- (1) Section 2101(a) of the
Military Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101-189; 103 Stat. 1614) is amended under the
heading "CALIFORNIA" by striking out the following:
"Fort Ord, $2,450,000.
"Sacramento Army Depot, $3,900,000.".
(2) Section 2104(a) of such Act (103 Stat. 1618) is amended --
(A) by striking out "$2,239,165,000" and inserting in lieu
thereof "$2,232,815,000"; and
(B) in paragraph (1), by striking out "$554,445,000" and
inserting in lieu thereof "$548,095,000".
SEC. 2110. ELEMENTARY SCHOOL FOR DEPENDENTS OF DEPARTMENT OF DEFENSE
PERSONNEL AT FORT WAINWRIGHT, ALASKA.
(a) GRANT AUTHORITY. -- The Secretary of the Army may make a direct
grant to the Fairbanks North Star Borough School District, Fairbanks,
Alaska, for support of the construction of a public elementary school
facility sufficient to accommodate the dependents of members of the
Armed Forces assigned to Fort Wainwright, Alaska, and dependents of
Department of Defense employees employed at Fort Wainwright.
(b) MAXIMUM AUTHORIZED GRANT. -- The total amount made available by
grant from the Secretary to the Fairbanks North Star Borough School
District under subsection (a) may not exceed $11,600,000.
(c) SOURCE OF FUNDS. -- (1) To the extent provided in appropriations
Acts, funds authorized in title XXI of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public Law
101-510; 104 Stat. 1759) to be appropriated for construction of a
school at Fort Wainwright, Alaska, shall be available to carry out this
section.
(2) Section 2101(a) of such Act (104 Stat. 1759) (as amended by
section 2109(a)) is further amended by striking out "Fort Wainwright,
$13,900,000." under the heading "ALASKA" and inserting in lieu thereof
"Fort Wainwright, $17,200,000.";
(d) TERMS AND CONDITIONS. -- The Secretary may require such terms
and conditions in connection with the grant authorized by this section
as the Secretary considers appropriate.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES. -- Using funds appropriated pursuant
to the authorization of appropriations in section 2205(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects in the amounts shown for each of the following
installations and locations inside the United States:
Adak, Naval Security Group Activity, $12,700,000.
Amchitka Island, Fleet Surveillance Support Command,
$7,200,000.
Anchorage, Naval Security Group Support Detachment, $2,600,000.
Shemya, Naval Security Group Support Detachment, $3,140,000.
Camp Pendleton, Amphibious Task Force, $17,750,000.
Camp Pendleton, Marine Corps Air Station, $2,010,000.
Camp Pendleton, Marine Corps Base, $1,460,000.
China Lake, Naval Weapons Center, $16,600,000.
Concord, Naval Weapons Station, $1,250,000.
Coronado, Naval Amphibious Base, $1,600,000.
Fallbrook, Naval Weapons Station Annex, $9,700,000.
Miramar, Naval Air Station, $3,250,000.
Monterey, Naval Postgraduate School, $14,900,000.
Port Hueneme, Naval Construction Battalion Center, $17,250,000.
San Diego, Fleet Combat Training Center, Pacific, $640,000.
San Diego, Naval Station, $3,110,000.
San Diego, Naval Submarine Base, $14,130,000.
San Diego, Naval Supply Center, $10,350,000.
San Diego, Navy Public Works Center, $16,800,000.
Seal Beach, Naval Weapons Station, $3,780,000.
Twentynine Palms, Marine Corps Air-Ground Combat Center,
$680,000.
Vallejo, Mare Island Naval Shipyard, $12,570,000.
New London, Naval Submarine Base, $5,680,000.
New London, Submarine Support Facility, $5,800,000.
District of Columbia, Commandant Naval District Washington,
$5,750,000.
Jacksonville, Naval Aviation Depot, $3,300,000.
Mayport, Naval Station, $3,140,000.
Orlando, Naval Training Center, $21,430,000.
Panama City, Naval Coastal Systems Center, $11,150,000.
Pensacola, Naval Air Station, $4,000,000.
Pensacola, Naval Supply Center, $5,700,000.
Kings Bay, Naval Submarine Base, $9,780,000.
McIntosh County, $2,881,000.
Barbers Point, Naval Air Station, $3,300,000.
Honolulu, Naval Communication Area Master Station, Eastern
Pacific, $1,500,000.
Lualualei, Naval Magazine, $8,700,000.
Pearl Harbor, Naval Inactive Ship Maintenance Facility,
$3,200,000.
Pearl Harbor, Naval Shipyard, $800,000.
Pearl Harbor, Naval Submarine Base, $62,000,000.
Pearl Harbor, Navy Public Works Center, $13,440,000.
Great Lakes, Naval Training Center, $7,000,000.
Crane, Naval Weapons Support Center, $19,450,000.
Annapolis, Naval Radio Transmitting Facility, $5,220,000.
Bethesda, National Naval Medical Center, $4,470,000.
Indian Head, Naval Ordnance Station, $6,600,000.
Patuxent River, Naval Air Test Center, $5,800,000.
St. Inigoes, Naval Electronic Systems Engineering Activity,
$8,450,000.
Gulfport, Naval Construction Battalion Center, $7,000,000.
Meridian, Naval Air Station, $1,618,000.
Fallon, Naval Air Station, $8,200,000.
Earle, Naval Weapons Station, $4,900,000.
Camp Lejeune, Marine Corps Base, $2,500,000.
Cherry Point, Marine Corps Air Station, $18,450,000.
Cherry Point, Naval Aviation Depot, $7,700,000.
New River, Marine Corps Air Station, $7,100,000.
Tinker Air Force Base, Naval Air Detachment, $4,700,000.
Philadelphia, Naval Inactive Ship Maintenance Activity,
$4,000,000.
Newport, Naval Education and Training Center, $3,210,000.
Beaufort, Marine Corps Air Station, $2,250,000.
Charleston, Fleet and Mine Warfare Training Center,
$14,620,000.
Charleston, Naval Weapons Station, $3,250,000.
Parris Island, Marine Corps Recruit Depot, $5,100,000.
Kingsville, Naval Air Station, $1,500,000.
Chesapeake, Naval Security Group Activity, Northwest,
$13,800,000.
Dahlgren, Naval Surface Warfare Center, $18,280,000.
Little Creek, Naval Amphibious Base, $12,730,000.
Norfolk, Naval Air Station, $9,370,000.
Norfolk, Naval Communication Area Master Station, Atlantic,
$6,550,000.
Norfolk, Naval Station, $340,000.
Norfolk, Naval Supply Center, $1,250,000.
Norfolk, Navy Public Works Center, $7,300,000.
Norfolk, Oceanographic System Atlantic, $3,250,000.
Oceana, Naval Air Station, $7,270,000.
Portsmouth, Naval Hospital, $6,600,000.
Portsmouth, Shore Intermediate Maintenance Activity,
$14,000,000.
Yorktown, Naval Weapons Station, $4,650,000.
Bangor, Commander, Submarine Group 9, $2,050,000.
Bangor, Trident Refit Facility, $2,170,000.
Bremerton, Puget Sound Naval Shipyard, $39,700,000.
Bremerton, Puget Sound Naval Supply Center, $12,550,000.
Everett, Naval Station, $21,790,000.
Whidbey Island, Naval Air Station, $6,800,000.
Green Bank Naval Observatory, $5,400,000.
Land Acquisition, $45,900,000.
(b) OUTSIDE THE UNITED STATES. -- Using funds appropriated pursuant
to the authorization of appropriations in section 2205(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects in the amounts shown for each of the following
installations and locations outside the United States:
Bahrain Island, Administration Support Unit, $1,300,000.
Naval Communication Area Master Station, Western Pacific,
$2,000,000.
Navy Public Works Center, $670,000.
Keflavik, Naval Air Station, $9,300,000.
Keflavik, Naval Communication Station, $10,600,000.
Naples, Naval Support Activity, $6,500,000.
Sicily, Naval Communication Station, $2,750,000.
Sigonella, Naval Air Station, $12,150,000.
Roosevelt Roads, Naval Station, $10,510,000.
Edzell, Naval Security Group Activity, $1,400,000.
Host Nation Infrastructure Support, $2,000,000.
Satellite Terminals, $10,570,000.
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION. -- Using amounts appropriated
pursuant to the authorization of appropriations in section
2205(a)(7)(A), the Secretary of the Navy may construct or acquire
military family housing units (including land) and perform other
military family housing functions for the purpose shown, and in the
amount shown, at the following installations:
(1) Camp Pendleton, Marine Corps Base, California, one hundred
fifty units, $16,172,000.
(2) Lemoore, Naval Air Station, California, community center,
$1,070,000.
(3) Point Mugu, Pacific Missile Test Center, California, one
hundred units, $11,160,000.
(4) San Diego, Navy Public Works Center, California, two
hundred sixty units, $29,800,000.
(5) Washington Naval District, District of Columbia,
demolition, $9,910,000.
(6) Mayport, Naval Station, Florida, community center,
$710,000.
(7) Glenview Naval Air Station, Illinois, two hundred units,
$16,000,000.
(8) Lakehurst, Naval Air Engineering Center, New Jersey,
housing office, $340,000.
(9) Dahlgren, Naval Surface Weapons Center, Virginia, one
hundred fifty units, $13,240,000.
(10) Guantanamo Bay, Naval Station, Cuba, two hundred
seventy-eight units, $38,400,000.
(b) PLANNING AND DESIGN. -- Using amounts appropriated pursuant to
the authorization of appropriations in section 2205(a)(7)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $6,200,000.
(c) REPROGRAMMING. -- The Secretary of the Navy may construct 148
military family housing units in the amount of $17,128,000 at the Public
Works Center, San Diego, California. Funds appropriated for the
Department of the Navy for fiscal years 1989 and 1991 for military
family housing projects at Naval Base Long Beach, California, that
remain available for obligation on the date of the enactment of this Act
are hereby authorized to be available, to the extent provided in advance
in appropriations Acts, to carry out this subsection.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2205(a)(7)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $55,438,000.
SEC. 2204. DEFENSE ACCESS ROADS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2205(a)(6), the Secretary of the Navy may make
advances to the Secretary of Transportation for the construction of
defense roads under section 210 of title 23, United States Code, at
various locations and in the amount of $1,000,000.
SEC. 2205. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL. -- Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 1991, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $1,832,149,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $739,859,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $69,750,000.
(3) For military construction projects, Earle, Naval Weapons
Station, New Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510; 104 Stat. 1765), $11,400,000.
(4) For unspecified minor construction projects under section
2805 of title 10, United States Code, $12,400,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code,
$88,600,000.
(6) For advances to the Secretary of Transportation for
construction of defense access roads under section 210 of title
23, United States Code, $1,000,000.
(7) For military family housing functions:
(A) For construction and acquisition of military family housing
and facilities, $198,440,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$710,700,000, of which not more than $72,900,000 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
division may not exceed the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a).
SEC. 2206. AUTHORIZED LONG-TERM FACILITIES CONTRACTS.
Subject to section 2809 of title 10, United States Code, the
Secretary of the Navy may enter into long-term contracts for
construction, management, and operation of facilities for the purpose
shown, and in the estimated capital investment cost shown, for the
following installations:
(1) Marine Corps Air Station, El Toro, California, bachelor
officers quarters, $8,300,000.
(2) Naval Research Laboratory, Washington, District of
Columbia, child development center, $1,400,000.
(3) Naval Air Station, Jacksonville, Florida, child development
center, $1,000,000.
(4) Naval Air Station, Pensacola, Florida, child development
center, $1,100,000.
(5) Naval Avionics Center, Indianapolis, Indiana, child
development center, $2,000,000.
(6) Naval Undersea Warfare Engineering Station, Keyport,
Washington, child development center, $1,300,000.
SEC. 2207. AUTHORIZED FAMILY HOUSING LEASE PROJECTS.
Subject to section 2835 of title 10, United States Code (as added by
section 2806 of this Act), the Secretary of the Navy may enter into
contracts for the lease of family housing units in the number of units
shown, and at the net present values shown, for the following
installations and locations:
(1) Bangor, Washington, three hundred units, $21,250,000.
(2) Kings Bay, Georgia, four hundred units, $28,070,000.
(3) Naval Air Station, Whidbey Island, Washington, three
hundred units, $21,110,000, a project previously approved by the
Navy.
(4) Dahlgren, Naval Surface Warfare Center, Dahlgren, Virginia,
one hundred fifty units, $11,000,000.
SEC. 2208. AUTHORIZED MILITARY HOUSING RENTAL GUARANTEE PROJECTS.
Subject to section 2836 of title 10, United States Code (as added by
section 2809 of this Act), the Secretary of the Navy may enter into
rental guarantee agreements for military housing in the number of units
shown at the following installations and locations:
(1) Oahu, Hawaii, three hundred sixty-eight units.
(2) Great Lakes Naval Training Center, Illinois, one hundred
fifty units.
(3) Cheltenham, Maryland, two hundred eighty-four units.
SEC. 2209. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN PROJECTS.
(a) FISCAL YEAR 1991 PROJECTS. -- (1) Section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1991 (division B
of Public Law 101-510; 104 Stat. 1763) is amended --
(A) under the heading "CALIFORNIA" by striking out "Long Beach,
Naval Station, $3,520,000.";
(B) under the heading "NEW JERSEY" by striking out "Earle,
Naval Weapons Station, $85,400,000." and inserting in lieu thereof
"Earle, Naval Weapons Station, $31,500,000.";
(C) by striking out the following:
"Warminster, Naval Air Development Center, $10,770,000."; and
(D) under the heading "WASHINGTON" by striking out "Silverdale,
Strategic Weapons Facility Pacific, $56,480,000." and inserting in
lieu thereof "Silverdale, Strategic Weapons Facility Pacific,
$11,060,000.".
(2) Section 2205(a) of such Act (104 Stat. 1767) is amended --
(A) by striking out "$2,014,223,000" and inserting in lieu
thereof "$1,954,513,000"; and
(B) in paragraph (1), by striking out "$959,802,000" and
inserting in lieu thereof "$900,092,000".
(b) FISCAL YEAR 1990 PROJECTS. -- (1) Subsection (a) of section 2201
of the Military Construction Authorization Act for Fiscal Years 1990 and
1991 (division B of Public Law 101-189; 103 Stat. 1621) is amended --
(A) under the heading "CALIFORNIA" --
(i) by striking out "Moffett Field Naval Air Station,
$1,000,000."; and
(ii) by striking out "Tustin, Marine Corps Air Station,
$2,990,000." and inserting in lieu thereof "Tustin, Marine Corps
Air Station, $640,000.";
(B) under the heading "CONNECTICUT" by striking out "New
London, Naval Underwater Systems Center, $12,600,000."; and
(C) under the heading "PENNSYLVANIA" by striking out
"Philadelphia, Naval Shipyard, $10,000,000." and inserting in lieu
thereof "Philadelphia, Naval Shipyard, $3,000,000.".
(2) Subsection (b) of such section (103 Stat. 1625) is amended by
striking out the following:
"Exmouth, Harold E. Holt Naval Communications Station,
$610,000.".
(3) Section 2204(a) of such Act (103 Stat. 1627) is amended --
(A) by striking out "$1,962,935,000" and inserting in lieu
thereof "$1,939,375,000";
(B) in paragraph (1), by striking out "$915,511,000" and
inserting in lieu thereof "$892,561,000"; and
(C) in paragraph (2), by striking out "$90,930,000" and
inserting in lieu thereof "$90,320,000".
SEC. 2210. SPECIFICATION OF THE MILITARY CONSTRUCTION PROJECT
PREVIOUSLY AUTHORIZED FOR THE MARINE CORPS SUPPORT ACTIVITY, KANSAS
CITY, MISSOURI.
The authority provided in section 2201(a) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991 (division
B of Public Law 101-189; 103 Stat. 1621) for a military construction
project for the Marine Corps Support Activity, Kansas City, Missouri,
shall apply only to a military construction project for a Marine Corps
Reserve Center to house the Marine Corps Reserve Support Center.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES. -- Using amounts appropriated pursuant
to the authorization of appropriations in section 2305(a)(1), the
Secretary of the Air Force may acquire real property and may carry out
military construction projects in the amount shown for the following
installations and locations inside the United States:
Gunter Air Force Base, $9,200,000.
Eielson Air Force Base, $30,900,000.
Elmendorf Air Force Base, $1,400,000.
Shemya Air Force Base, $38,400,000.
Davis-Monthan Air Force Base, $4,100,000.
Luke Air Force Base, $8,800,000.
Beale Air Force Base, $2,250,000.
Edwards Air Force Base, $14,300,000.
March Air Force Base, $7,910,000.
Sierra Army Depot, $2,700,000.
Travis Air Force Base, $26,130,000.
Vandenberg Air Force Base, $20,000,000.
Buckley Air National Guard Base, $42,050,000.
Cheyenne Mountain Air Force Base, $610,000.
Falcon Air Force Station, $1,400,000.
Peterson Air Force Base, $26,300,000.
United States Air Force Academy, $21,000,000.
Dover Air Force Base, $12,750,000.
Cape Canaveral Air Force Station, $24,000,000.
Eglin Air Force Base, $2,830,000.
Homestead Air Force Base, $4,900,000.
Tyndall Air Force Base, $850,000.
Robins Air Force Base, $30,450,000.
Camp H.M. Smith, $2,600,000.
Hickam Air Force Base, $7,100,000.
Scott Air Force Base, $13,290,000.
McConnell Air Force Base, $7,650,000.
Barksdale Air Force Base, $11,200,000.
Andrews Air Force Base, $8,100,000.
Hanscom Air Force Base, $11,200,000.
K.I. Sawyer Air Force Base, $1,700,000.
Columbus Air Force Base, $600,000.
Keesler Air Force Base, $3,400,000.
Whiteman Air Force Base, $24,450,000.
Conrad Strategic Training Range Site, $700,000.
Havre Strategic Training Range Site, $700,000.
Offutt Air Force Base, $13,850,000.
Nellis Air Force Base, $8,400,000.
New Boston Satellite Tracking Station, $4,210,000.
McGuire Air Force Base, $31,500,000.
Cannon Air Force Base, $1,300,000.
Holloman Air Force Base, $33,600,000.
Kirtland Air Force Base, $5,600,000.
Griffiss Air Force Base, $2,700,000.
Plattsburgh Air Force Base, $9,040,000.
Pope Air Force Base, $8,200,000.
Seymour Johnson Air Force Base, $11,200,000.
Dickinson Strategic Training Range Site, $640,000.
Grand Forks Air Force Base, $4,400,000.
Minot Air Force Base, $3,950,000.
Wright-Patterson Air Force Base, $39,300,000.
Altus Air Force Base, $61,340,000.
Tinker Air Force Base, $3,700,000.
Vance Air Force Base, $4,750,000.
Charleston Air Force Base, $21,850,000.
Belle Fourche Strategic Training Range Site, $640,000.
Ellsworth Air Force Base, $2,710,000.
Arnold Engineering Development Center, $2,400,000.
Dyess Air Force Base, $620,000.
Kelly Air Force Base, $13,900,000.
Lackland Air Force Base, $5,700,000.
Lackland Air Force Base Training annex, $1,170,000.
Laughlin Air Force Base, $4,250,000.
Randolph Air Force Base, $410,000.
Reese Air Force Base, $2,000,000.
Sheppard Air Force Base, $16,670,000.
Hill Air Force Base, $9,200,000.
Langley Air Force Base, $5,800,000.
Fairchild Air Force Base, $7,050,000.
F.E. Warren Air Force Base, $5,300,000.
Powell Strategic Training Range Site, $700,000.
Various Locations, $5,000,000.
(b) OUTSIDE THE UNITED STATES. -- Using amounts appropriated
pursuant to the authorization of appropriations in section 2305(a)(2),
the Secretary of the Air Force may acquire real property and carry out
military construction projects in the amounts shown for each of the
following installations and locations outside the United States:
Ascension Island Auxiliary Airfield, $11,000,000.
Thule Air Base, $12,700,000.
Andersen Air Force Base, $2,600,000.
Lajes Field, $5,000,000.