Public Law 99-497, 100 Stat. 1267
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
The Act of September 26, 1970 (Public Law 91-424; 16 U.S.C. 460w) is
amended as follows:
(1) In section 1 -- "16 USC 460w"
(a) in the first sentence, after the phrase "consisting of",
insert: ": (a) IN GENERAL. -- ";
(b) at the end of the first sentence, delete "1970" and insert:
"1970; and
"(b) LONG ISLAND ADDITION. -- Approximately 200 acres of land at the
mouth of Chequamegon Bay known as "Long Island", as depicted on the map
numbered NL-AI-91,001 and dated December, 1985.";
(c) in the last sentence, delete "map" and insert "maps".
(2) In section 3, after the word "donation.", strike the following
sentence and insert in lieu thereof the following: "16 USC 460w-2"
"Notwithstanding any other provision of law, any Federal property
located within the boundaries of the lakeshore is hereby transferred
without transfer of funds to the administrative jurisdiction of the
Secretary for the purposes of the lakeshore: Provided, That the United
States Coast Guard may retain a right to utilize a portion of such land
and facilities for use as navigational aids so long as may be
required.".
(3) In section 4(c), "16 USC 460w-3" after "January 1, 1967", insert:
", or before January 1, 1985 for those lands referred to in section
1(b)".
(4) Section 8 of such Act "16 USC 460w-7" is amended by adding the
following at the end thereof: "Effective October 1, 1986, there are
authorized to be appropriated such additional sums as may be necessary
for the acquisition of the lands described in section 1(b).".
Approved October 17, 1986.
LEGISLATIVE HISTORY -- H.R. 2182:
HOUSE REPORTS: No. 99-441 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-499 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 16, considered and
passed House. Vol. 132 (1986): Oct. 8, considered and passed Senate.
Public Law 99-496, 100 Stat. 1261
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" This Act may be cited as the "Job
Training Partnership Act Amendments of 1986".
SEC. 2. "29 USC 1511" Section 101(a)(4)(A)(ii) of the Job Training
Partnership Act (hereinafter in this Act referred to as the "Act") is
amended by striking out "a labor market area" and inserting in lieu
thereof "one or more labor market areas".
SEC. 3. Section 123 of the Act "29 USC 1533" is amended --
(1) in subsection (a) --
(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 "; and"; and
(C) by inserting at the end of such subsection the following
new paragraph:
"(3) to provide --
"(A) literacy training to youth and adults;
"(B) dropout prevention and reenrollment services to youth,
giving priority to youth who are at risk of becoming dropouts;
"(C) a State-wide school-to-work transition program operated in
a manner consistent with section 205(e); "29 USC 1605" or
"(D) any combination of the activities described in
subparagraphs (A), (B), and (C) of this paragraph."; and
(2) in subsection (c) --
(A) by striking out the first sentence of paragraph (2)(B) and
inserting in lieu thereof the following: "At least 80 percent of
the funds available under this section shall be used for clauses
(1) and (3) of subsection (a) for the Federal share of the cost of
carrying out activities described in such clauses."; and
(B) by striking out "clause (1)" in paragraph (3) and inserting
in lieu thereof "clauses (1) and (3)".
SEC. 4. Part D of title I of the Act "29 USC 1571 et seq." is
amended by adding at the end thereof the following new section:
"SEC. 172. "29 USC 1582" (a)(1)(A) The President is authorized to
make Presidential awards for outstanding achievement by the private
sector in the job training partnership program authorized by this Act.
The President is authorized to make such awards to individuals who, and
organizations which, have demonstrated outstanding achievement in
planning and administering job training partnership programs or in
contributing to the success of the job training partnership program.
"(B) In making the awards pursuant to subparagraph (A) of this
paragraph, the President shall consider the effectiveness of the program
for which the award is made.
"(2) The President is authorized to make Presidential awards for
model programs in the job training partnership program authorized by
this Act which demonstrate effectiveness in addressing the job training
needs of groups of individuals with multiple barriers to employment.
"(b)(1) Each year the President is authorized to make such awards
under subsection (a) of this section as the President determines will
carry out the objectives of this Act.
"(2) The President shall establish such selection procedures, after
consultation with the Secretary and the Governors of the States, as may
be necessary.".
SEC. 5. (a) Section 202(a) of the Act "29 USC 1602" is amended --
(1) in paragraph (2), by striking out "Of" and inserting in
lieu thereof "Subject to the provisions of paragraph (3), of";
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
"(3) For fiscal years beginning after September 30, 1986, no service
delivery area within any State shall be allocated an amount equal to
less than 90 percent of the average of its allocation percentage for the
two preceding fiscal years preceding the fiscal year for which the
determination is made. The allocation percentage for a service delivery
area is the percentage which the service delivery area received of the
total amount allocated pursuant to this subsection to all service
delivery areas within the State for each such preceding fiscal year. If
the amounts appropriated pursuant to section 3(a) and (b) are not
sufficient to provide an amount equal to at least 90 percent of such
allocation percentages to each such area, the amounts allocated to each
area shall be ratably reduced.".
(b) Section 251(b) of the Act "29 USC 1631" is amended by striking
out "section 202(a)(2) and (3)" and inserting in lieu thereof "section
202(a)(2), (3), and (4)".
Sec. 6. Section 202(b)(3)(B) of the Act is amended --
(1) by striking out "which do not qualify for incentive grants
under this subparagraph"; and
(2) by adding at the end thereof the following: "Funds
available under this subparagraph may, without regard to section
108(a), "29 USC 1518" be used by the Governor or a service
delivery area during not more than two program years to develop
and implement a data collection system to track the postprogram
experience of participants under this part.".
SEC. 7. Section 203(b)(1) of this Act "29 USC 1603" is amended by
adding at the end thereof the following new sentence: "For the purpose
of the preceding sentence, the term 'eligible youth' includes
individuals who are 14 and 15 years of age and enrolled in
pre-employment skills training.".
SEC. 8. (a) Part B of title II of the Act "29 USC 1631 et seq." is
amended by --
(1) redesignating sections 251 through 254, and all references
thereto, as sections 252 through 255, "29 USC 1631-1634"
respectively; and
(2) inserting after the part heading the following new section:
"SEC. 251. "29 USC 1630" The purpose of programs assisted under this
part is to --
"(1) enhance the basic educational skills of youth;
"(2) encourage school completion, or enrollment in
supplementary or alternative school programs; and
"(3) provide eligible youth with exposure to the world of
work.".
(b) Section 253 of the Act "29 USC 1632" (as redesignated by
subsection (a)(1) of this section) is amended by --
(1) inserting "(a)" before "Funds"; and
(2) adding at the end thereof the following new subsection:
"(b) A service delivery area shall assess the reading and mathematics
skill levels of eligible participants in programs funded by this part
and shall expend funds (from this Act or otherwise available to the
service delivery area, or both) for basic and remedial education as
described in the job training plan under section 104.". "29 USC 1514"
(c) Section 255 of the Act "29 USC 1634" (as redesignated by
subsection (a)(1) of this section) is amended by --
(1) inserting "(a)" before "private"; and
(2) adding at the end thereof the following new subsection:
"(b) In accordance with the provisions of subsection (a), each
service delivery area shall establish written program goals and
objectives which shall be used for evaluating the effectiveness of
programs conducted under this part. Such goals and objectives may
include --
"(1) improvement in school retention and completion;
"(2) improvement in academic performance, including mathematics
and reading comprehension;
"(3) improvement in employability skills; and
"(4) demonstrated coordination with other community service
organizations such as local educational agencies, law enforcement
agencies, and drug and alcohol prevention and treatment
programs.".
(d) The table of contents of the Act relating to part B of title II
is amended to read as follows:
"Sec. 251. Purposes.
"Sec. 252. Authorization of appropriations, allotment and
allocation.
"Sec. 253. Use of funds.
"Sec. 254. Limitations.
"Sec. 255. Applicable provisions.".
SEC. 9. Section 254(a) of the Act (as redesignated by section 8(a)(
1) of this Act) "29 USC 1633" is amended by inserting before the period
at the end thereof the following: ", except that a service delivery
area may, within the jurisdiction of any local educational agency that
operates its schools in a year-round, full-time basis, offer the
programs under this part to participants during a vacation period
treated as the equivalent of a summer vacation".
SEC. 10. Section 301(c) of the Act "29 USC 1651" is amended by
adding at the end thereof the following new sentence: "Such criteria
shall not include any requirement that, in order to receive assistance
under this subsection, the state shall provide a matching amount with
funds available from one or more other sources.".
SEC. 11. "29 USC 1652" (a) Section 302(a) of the Act is amended --
(1) by striking out "or" at the end of clause (2);
(2) by striking out the period at the end of clause (3) and
inserting in lieu thereof a semicolon and the word "or"; and
(3) by inserting at the end thereof the following:
"(4) were self-employed (including farmers) and are unemployed
as a result of general economic conditions in the community in
which they reside or because of natural disasters subject to the
next sentence.
The Secretary shall establish categories of self-employed individuals
and of economic conditions and natural disasters to which clause (4) of
the preceding sentence applies.".
(b) Section 302(c) of the Act is amended by adding at the end thereof
the following new paragraph:
"(3) A State may serve any elgible individual under this part
without regard to the residence of such individual.".
SEC. 12. Section 437(c) of the Act "29 USC 1707" is amended to read
as follows:
"(c) Transactions conducted by a private for-profit contractor or a
nonprofit contractor in connection with the contractor's operation of a
Job Corps Center, program, or activity shall not be considered as
generating gross receipts. Such contractors shall not be liable,
directly or indirectly, to any State or subdivision thereof (nor to any
person acting on behalf thereof) for any gross receipts taxes, business
privilege taxes measured by gross receipts, or any similar taxes imposed
on, or measured by, gross receipts in connection with any payments made
to or by such contractor for operating a Job Corps Center, program, or
activity. Such contractors shall not be liable to any State or
subdivision thereof to collect or pay any sales, excise, use, or similar
tax imposed upon the sale to or use by such contractors of any property,
service, or other item in connection with the operation of a Job Corps
Center, program, or activity.".
SEC. 13. Section 453(a) of the Act "29 USC 1733" is amended --
(1) by inserting "(1)" after the subsection designation, and
(2) by adding at the end thereof the following new paragraph:
"(2) From funds made available under this part, the Secretary may
provide financial assistance for pilot projects for the training of
individuals who are threatened with loss of their jobs due to
technological changes, international economic policies or, general
economic conditions.".
SEC. 14. (a) Part D of title IV of the Act "29 USC 1736" is amended
by adding at the end thereof the following new section:
"SEC. 456. In carrying out this part, the Secretary shall include
projects designed to serve populations with multiple barriers to
employment, such as individuals listed in section 203(a)(3) "29 USC
1603" and individuals not otherwise targeted for assistance under this
Act, with special consideration for displaced homemakers and the
handicapped.".
(b)(1) Section 4 of the Act "29 USC 1503" is amended by inserting at
the end thereof the following new paragraph:
"(29) The term 'displaced homemaker' means an individual who --
"(A) was a full-time homemaker for a substantial number of
years; and
"(B) derived the substantial share of his or her support from
--
"(i) a spouse and no longer receives such support due to the
death, divorce, permanent disability of, or permanent separation
from the spouse; or
"(ii) public assistance on account of dependents in the home
and no longer receives such support.".
(2) The table of contents of the Act is amended by adding after item
"Sec. 455." the following new item:
"Sec. 456. Projects for special populations.".
SEC. 15. (a)(1) Section 4(5) of the Act "29 USC 1503" is amended by
inserting after "handicapped" a comma and the following: "including
disabled veterans".
(2) Section 4(27) of the Act is amended by adding at the end thereof
the following new subparagraph:
"(C) The term 'recently separated veteran' means any veteran who
applies for participation under any title of this Act within 48 months
of the discharge or release from active military, naval, or air service.
"(D) The term 'Vietnam era veteran' means a veteran any part of
those active military service occurred between August 5, 1964, and
May 7, 1975.".
(b) Section 106(d)(3) of the Act "29 USC 1516" is amended by striking
out "and offenders" and inserting in lieu thereof "disabled and Vietnam
era veterans, including veterans who served in the Indochina Theater
between August 5, 1964, and May 7, 1975, and offenders".
(c) Section 108(c)(2)(B)(ii) of the Act "29 USC 1518" is amended by
inserting after "handicapped individuals" a comma and the following:
"including disabled veterans".
(d) Section 121(c)(10) of the Act "29 USC 1531" is amended by adding
before the period at the end thereof a comma and the following:
"including Veterans' Administration programs".
(e) Section 123(c)(1) of the Act "29 USC 1533" is amended by
inserting after "offenders" a comma and the following: "veterans,".
(f) Section 124(b) of the Act "29 USC 1534" is amended by inserting
after "nonprofit private organizations" a comma and the following:
"including veterans organizations".
SEC. 16. Within 12 months after the date of enactment of this Act,
the Secretary of Labor shall submit a report to the Congress which --
(1) uses data sources within the Departments of Labor,
Agriculture, Commerce, and other Federal agencies to describe the
dislocation of farmers and ranchers resulting from farm and ranch
failures;
(2) identifies and utilizes data sources and on-going studies
conducted at the State and local levels, both within the public
and private sectors, identifying and outlining the problem of
farmer and rancher dislocation; and
(3) examines the feasibility of establishing a national
statistical data collection program for permanently dislocated
farmers and ranchers.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S. 2069 (H.R. 5185):
HOUSE REPORTS: No. 99-754 accompanying H.R. 5185 (Comm. on Education
and Labor).
SENATE REPORTS: No. 99-317 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): June 13, considered and
passed Senate. Aug. 11, H.R. 5185 considered and passed House;
proceedings vacated and S. 2069, amended, passed in lieu. Sept. 29,
Senate concurred in House amendments with an amendment. Oct. 1, House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
16, Presidential statement.
Public Law 99-495, 100 Stat. 1243
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act "16 USC 791a note" may be cited as the
"Electric Consumers Protection Act of 1986".
(b) TABLE OF CONTENTS. --
Sec. 1. Short title and table of contents.
Sec. 2. Amendments to section 7 of Federal Power Act.
Sec. 3. Environmental consideration in licensing.
Sec. 4. Relicensing procedures.
Sec. 5. License term in relicensing.
Sec. 6. Unauthorized activities.
Sec. 7. Amendments to section 30 of Federal Power Act.
Sec. 8. Amendments concerning certain small power production
facilities subject to PURPA benefits.
Sec. 9. Fees and charges for use of dams and structures.
Sec. 10. Election and negotiations concerning contested projects
subject to litigation.
Sec. 11. Merwin Dam project.
Sec. 12. Additional Commission enforcement authority.
Sec. 13. Antitrust laws.
Sec. 14. Landowner notification.
Sec. 15. Applications for certain orders under Federal Power Act.
Sec. 15A. Miscellaneous provisions.
Sec. 16. Provision of information to Congress.
Sec. 17. Savings provisions.
Sec. 18. Effective date.
SEC. 2. AMENDMENTS TO SECTION 7 OF FEDERAL POWER ACT.
Section 7(a) of the Federal Power Act (16 U.S.C. 791(a) "16 USC 800"
et seq.) is amended as follows:
(1) Insert "original" after "hereunder or".
(2) Strike out "and in issuing licenses to new licensees under
section 15 hereof" and substitute a comma.
SEC. 3. ENVIRONMENTAL CONSIDERATION IN LICENSING.
(a) PURPOSES OF LICENSE. -- Section 4(e) of the Federal Power Act
"16 USC 797" is amended by adding the following at the end thereof: "In
deciding whether to issue any license under this Part for any project,
the Commission, in addition to the power and development purposes for
which licenses are issued, shall give equal consideration to the
purposes of energy conservation, the protection, mitigation of damage
to, and enhancement of, fish and wildlife (including related spawning
grounds and habitat), the protection of recreational opportunities, and
the preservation of other aspects of environmental quality.".
(b) AMENDMENTS TO SECTION 10(a). -- Section 10(a) of such Act "16
USC 803" is amended as follows:
(1) After "waterpower development," insert "for the adequate
protection, mitigation, and enhancement of fish and wildlife
(including related spawning grounds and habitat),".
(2) After "including", insert "irrigation, flood control, water
supply, and".
(3) Strike "purposes; and" and insert after "recreational" the
following: "and other purposes referred to in section 4(e)". "16
USC 797"
(4) insert "(1)" after "(a)" and insert the following new
paragraphs at the end thereof:
"(2) In order to ensure that the project adopted will be best adapted
to the comprehensive plan described in paragraph (1), the Commission
shall consider each of the following:
"(A) The extent to which the project is consistent with a
comprehensive plan (where one exists) for improving, developing,
or conserving a waterway or waterways affected by the project that
is prepared by --
"(i) an agency established pursuant to Federal law that has the
authority to prepare such a plan; or
"(ii) the State in which the facility is or will be located.
"(B) The recommendations of Federal and State agencies
exercising administration over flood control, navigation,
irrigation, recreation, cultural and other relevant resources of
the State in which the project is located, and the recommendations
(including fish and wildlife recommendations) of Indian tribes
affected by the project.
"(C) In the case of a State or municipal applicant, or an
applicant which is primarily engaged in the generation or sale of
electric power (other than electric power solely from cogeneration
facilities or small power production facilities), the electricity
consumption efficiency improvement program of the applicant,
including its plans, performance and capabilities for encouraging
or assisting its customers to conserve electricity
cost-effectively, taking into account the published policies,
restrictions, and requirements of relevant State regulatory
authorities applicable to such applicant.
"(3) Upon receipt of an application for a license, the Commission
shall solicit recommendations from the agencies and Indian tribes
identified in subparagraphs (A) and (B) of paragraph (2) for proposed
terms and conditions for the Commission's consideration for inclusion in
the license.".
(c) FISH AND WILDLIFE PROTECTION, MITIGATION, AND ENHANCEMENT. --
Section 10 of the Federal Power Act "16 USC 803" is amended by adding
the following at the end:
"(j)(1) That in order to adequately and equitably protect, mitigate
damages to, and enhance, fish and wildlife (including related spawning
grounds and habitat) affected by the development, operation, and
management of the project, each license issued under this Part shall
include conditions for such protection, mitigation, and enhancement.
Subject to paragraph (2), such conditions shall be based on
recommendations received pursuant to the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service,
the United States Fish and Wildlife Service, and State fish and wildlife
agencies.
"(2) Whenever the Commission believes that any recommendation
referred to in paragraph (1) may be inconsistent with the purposes and
requirements of this Part or other applicable law, the Commission and
the agencies referred to in paragraph (1) shall attempt to resolve any
such inconsistency, giving due weight to the recommendations, expertise,
and statutory responsibilities of such agencies. If, after such
attempt, the Commission does not adopt in whole or in part a
recommendation of any such agency, the Commission shall publish each of
the following findings (together with a statement of the basis for each
of the findings):
"(A) A finding that adoption of such recommendation is
inconsistent with the purposes and requirements of this Part or
with other applicable provisions of law.
"(B) A finding that the conditions selected by the Commission
comply with the requirements of paragraph (1).
Subsection (i) shall not apply to the conditions required under this
subsection.".
SEC. 4. RELICENSING PROCEDURES.
(a) RELICENSING PROCESS. -- Section 15 of the Federal Power Act "16
USC 808" is amended by inserting "(1)" after "(a)", by redesignating
subsection (b) as subsection (f), and by adding the following at the end
of subsection (a):
"(2) Any new license issued under this section shall be issued to the
applicant having the final proposal which the Commission determines is
best adapted to serve the public interest, except that in making this
determination the Commission shall ensure that insignificant differences
with regard to subparagraphs (A) through (G) of this paragraph between
competing applications are not determinative and shall not result in the
transfer of a project. In making a determination under this section
(whether or not more than one application is submitted for the project),
the Commission shall, in addition to the requirements of section 10 of
this Part, consider (and explain such consideration in writing) each of
the following:
"(A) The plans and abilities of the applicant to comply with
(i) the articles, terms, and conditions of any license issued to
it and (ii) other applicable provisions of this Part.
"(B) The plans of the applicant to manage, operate, and
maintain the project safely.
"(C) The plans and abilities of the applicant to operate and
maintain the project in a manner most likely to provide efficient
and reliable electric service.
"(D) The need of the applicant over the short and long term for
the electricity generated by the project or projects to serve its
customers, including, among other relevant considerations, the
reasonable costs and reasonable availability of alternative
sources of power, taking into consideration conservation and other
relevant factors and taking into consideration the effect on the
provider (including its customers) of the alternative source of
power, the effect on the applicant's operating and load
characteristics, the effect on communities served or to be served
by the project, and in the case of an applicant using power for
the applicant's own industrial facility and related operations,
the effect on the operation and efficiency of such facility or
related operations, its workers, and the related community. In
the case of an applicant that is an Indian tribe applying for a
license for a project located on the tribal reservation, a
statement of the need of such tribe for electricity generated by
the project to foster the purposes of the reservation may be
included.
"(E) The existing and planned transmission services of the
applicant, taking into consideration system reliability, costs,
and other applicable economic and technical factors.
"(F) Whether the plans of the applicant will be achieved, to
the greatest extent possible, in a cost effective manner.
"(G) Such other factors as the Commission may deem relevant,
except that the terms and conditions in the license for the
protection, mitigation, or enhancement of fish and wildlife
resources affected by the development, operation, and management
of the project shall be determined in accordance with section 10,
and the plans of an applicant concerning fish and wildlife shall
not be subject to a comparative evaluation under this subsection.
"(3) In the case of an application by the existing licensee, the
Commission shall also take into consideration each of the following:
"(A) The existing licensee's record of compliance with the
terms and conditions of the existing license.
"(B) The actions taken by the existing licensee related to the
project which affect the public.
"(b)(1) Each existing licensee shall notify the Commission whether
the licensee intends to file an application for a new license or not.
Such notice shall be submitted at least 5 years before the expiration of
the existing license.
"(2) At the time notice is provided under paragraph (1), the existing
licensee shall make each of the following reasonably available to the
public for inspection at the offices of such licensee: current maps,
drawings, data, and such other information as the Commission shall, by
rule, require regarding the construction and operation of the licensed
project. Such information shall include, to the greatest extent
practicable pertinent energy conservation, recreation, fish and
wildlife, and other environmental information. Copies of the
information shall be made available at reasonable costs of reproduction.
Within 180 days after the enactment of the Electric Consumers
Protection Act of 1986, the Commission shall promulgate regulations
regarding the information to be provided under this paragraph.
"(3) Promptly following receipt of notice under paragraph (1), the
Commission shall provide public notice of whether an existing licensee
intends to file or not to file an application for a new license. The
Commission shall also promptly notify the National Marine Fisheries
Service and the United States Fish and Wildlife Service, and the
appropriate State fish and wildlife agencies.
"(4) The Commission shall require the applicant to identify any
Federal or Indian lands included in the project boundary, together with
a statement of the annual fees paid as required by this Part for such
lands, and to provide such additional information as the Commission
deems appropriate to carry out the Commission's responsibilities under
this section.
"(c)(1) Each application for a new license pursuant to this section
shall be filed with the Commission at least 24 months before the
expiration of the term of the existing license. Each applicant shall
consult with the fish and wildlife agencies referred to in subsection
(b) and, as appropriate, conduct studies with such agencies. Within 60
days after the statutory deadline for the submission of applications,
the Commission shall issue a notice establishing expeditious procedures
for relicensing and a deadline for submission of final amendments, if
any, to the application.
"(2) The time periods specified in this subsection and in subsection
(b) shall be adjusted, in a manner that achieves the objectives of this
section, by the Commission by rule or order with respect to existing
licensees who, by reason of the expiration dates of their licenses, are
unable to comply with a specified time period.
"(d)(1) In evaluating applications for new licenses pursuant to this
section, the Commission shall not consider whether an applicant has
adequate transmission facilities with regard to the project.
"(2) When the Commission issues a new license (pursuant to this
section) to an applicant which is not the existing licensee of the
project and finds that it is not feasible for the new licensee to
utilize the energy from such project without provision by the existing
licensee of reasonable services, including transmission services, the
Commission shall give notice to the existing licensee and the new
licensee to immediately enter into negotiations for such services and
the costs demonstrated by the existing licensee as being related to the
provision of such services. It is the intent of the Congress that such
negotiations be carried out in good faith and that a timely agreement be
reached between the parties in order to facilitate the transfer of the
license by the date established when the Commission issued the new
license. If such parties do not notify the Commission that within the
time established by the Commission in such notice (and if appropriate,
in the judgment of the Commission, one 45-day extension thereof) a
mutually satisfactory arrangement for such services that is consistent
with the provisions of this Act has been executed, the Commission shall
order the existing licensee to file (pursuant to section 205 of this
Act) "16 USC 824d" with the Commission a tariff, subject to refund,
ensuring such services beginning on the date of transfer of the project
and including just and reasonable rates and reasonable terms and
conditions. After notice and opportunity for a hearing, the Commission
shall issue a final order adopting or modifying such tariff for such
services at just and reasonable rates in accordance with section 205 of
this Act and in accordance with reasonable terms and conditions. The
Commission, in issuing such order, shall ensure the services necessary
for the full and efficient utilization and benefits for the license term
of the electric energy from the project by the new licensee in
accordance with the license and this Part, except that in issuing such
order the Commission --
"(A) shall not compel the existing licensee to enlarge
generating facilities, transmit electric energy other than to the
distribution system (providing service to customers) of the new
licensee identified as of the date one day preceding the date of
license award or require the acquisition of new facilities,
including the upgrading of existing facilities other than any
reasonable enhancement or improvement of existing facilities
controlled by the existing licensee (including any acquisition
related to such enhancement or improvement) necessary to carry out
the purposes of this paragraph;
"(B) shall not adversely affect the continuity and reliability
of service to the customers of the existing licensee;
"(C) shall not adversely affect the operational integrity of
the transmission and electric systems of the existing licensee;
"(D) shall not cause any reasonably quantifiable increase in
the jurisdictional rates of the existing licensee; and
"(E) shall not order any entity other than the existing
licensee to provide transmission or other services.
Such order shall be for such period as the Commission deems
appropriate, not to exceed the term of the license. At any time, the
Commission, upon its own motion or upon a petition by the existing or
new licensee and after notice and opportunity for a hearing, may modify,
extend, or terminate such order.".
(b) CONFORMING AMENDMENTS. -- (1) Section 15(a) of the Federal Power
Act "16 USC 808" is amended by striking out "original" each place it
appears and substituting "existing".
(2) Section 14(b) of such Act "16 USC 807" is amended by striking out
the first sentence.
(c) COMMISSION REVIEW. -- "16 USC 825h note" In order to ensure that
the provisions of Part I of the Federal Power Act, as amended by this
Act, are fully, fairly, and efficiently implemented, that other
governmental agencies identified in such Part I are able to carry out
their responsibilities, and that the increased workload of the Federal
Energy Regulatory Commission and other agencies is facilitated, the
Commission shall, consistent with the provisions of section 309 of the
Federal Power Act, "16 USC 825h" review all provisions of that Act
requiring an action within a 30-day period and, as the Commission deems
appropriate, amend its regulations to interpret such period as meaning
"working days", rather than "calendar days" unless calendar days is
specified in such Act for such action.
SEC. 5. LICENSE TERM ON RELICENSING.
Section 15 of the Federal Power Act is amended by adding the
following after subsection (d) (as added by section 4 of this Act):
"(e) Except for an annual license, any license issued by the
Commission under this section shall be for a term which the Commission
determines to be in the public interest but not less than 30 years, nor
more than 50 years, from the date on which the license is issued.".
SEC. 6. UNAUTHORIZED ACTIVITIES.
Section 23(b) of the Federal Power Act "16 USC 817" is amended by
inserting "(1)" after "(b)" and by adding the following at the end
thereof:
"(2) No person may commence any significant modification of any
project licensed under, or exempted from, this Act unless such
modification is authorized in accordance with terms and conditions of
such license or exemption and the applicable requirements of this Part.
As used in this paragraph, the term 'commence' refers to the beginning
of physical on-site activity other than surveys or testing.".
SEC. 7. AMENDMENTS TO SECTION 30 OF FEDERAL POWER ACT.
(a) STATE OR LOCAL CONDUITS. -- Section 30(b) of the Federal Power
Act "16 USC 823a" is amended by inserting after "15 megawatts" the
following: "(40 megawatts in the case of a facility constructed,
operated, and maintained by an agency or instrumentality of a State or
local government solely for water supply for municipal purposes)".
(b) NMFS. -- Section 30(c) of the Federal Power Act is amended by
inserting "National Marine Fisheries Service" after "the Fish and
Wildlife Service" in both places such term appears.
(c) FEES FOR STUDIES. -- Section 30 of the Federal Power Act is
amended by adding the following new subsection at the end thereof:
"(e) The Commission, in addition to the requirements of section 10(
e), shall establish fees which shall be paid by an applicant for a
license or exemption for a project that is required to meet terms and
conditions set by fish and wildlife agencies under subsection (c). Such
fees shall be adequate to reimburse the fish and wildlife agencies
referred to in subsection (c) for any reasonable costs incurred in
connection with any studies or other reviews carried out by such
agencies for purposes of compliance with this section. The fees shall,
subject to annual appropriations Acts, be transferred to such agencies
by the Commission for use solely for purposes of carrying out such
studies and shall remain available until expended.".
SEC. 8. AMENDMENTS CONCERNING CERTAIN SMALL POWER PRODUCTION
FACILITIES SUBJECT TO PURPA BENEFITS.
(a) NEW DAMS AND DIVERSIONS SEEKING PURPA BENEFITS. -- Section 210
of the Public Utility Regulatory Policies Act "16 USC 824a-3" of 1978 is
amended by inserting the following new subsections after subsection (i)
and by redesignating subsection (j) as subsection (l):
"(j) NEW DAMS AND DIVERSIONS. -- Except for a hydroelectric project
located at a Government dam (as defined in section 3(10) of the Federal
Power Act) "16 USC 796" at which non-Federal hydroelectric development
is permissible, this section shall not apply to any hydroelectric
project which impounds or diverts the water of a natural watercourse by
means of a new dam or diversion unless the project meets each of the
following requirements:
"(1) NO SUBSTANTIAL ADVERSE EFFECTS. -- At the time of
issuance of the license or exemption for the project, the
Commission finds that the project will not have substantial
adverse effects on the environment, including recreation and water
quality. Such finding shall be made by the Commission after
taking into consideration terms and conditions imposed under
either paragraph (3) of this subsection or section 10 of the
Federal Power Act (whichever is appropriate as required by that
Act or the Electric Consumers Protection Act of 1986) and
compliance with other environmental requirements applicable to the
project.
"(2) PROTECTED RIVERS. -- At the time the application for a
license or exemption for the project is accepted by the Commission
(in accordance with the Commission's regulations and procedures in
effect on January 1, 1986, including those relating to
environmental consultation), such project is not located on either
of the following:
"(A) Any segment of a natural watercourse which is included in
(or designated for potential inclusion in) a State or national
wild and scenic river system.
"(B) Any segment of a natural watercourse which the State has
determined in accordance with applicable State law, to possess
unique natural, recreational, cultural, or scenic attributes which
would be adversely affected by hydroelectric development.
"(3) FISH AND WILDLIFE TERMS AND CONDITIONS. -- The project
meets the terms and conditions set by fish and wildlife agencies
under the same procedures as provided for under section 30(c) of
the Federal Power Act.
"(k) DEFINITION OF NEW DAM OR DIVERSION. -- For purposes of this
section, the term 'new dam or diversion' means a dam or diversion which
requires, for purposes of installing any hydroelectric power project,
any construction, or enlargement of any impoundment or diversion
structure (other than repairs or reconstruction or the addition of
flashboards or similar adjustable devices)".
(b) EFFECTIVE DATE. -- (1) Subsection (j) "16 USC 824a-3 note" of
section 210 of the Public Utility Regulatory Policies Act of 1978 (as
amended by subsection (a) of this section) shall apply to any project
for which benefits under section 210 of the Public Utility Regulatory
Policies Act of 1978 are sought and for which a license or exemption is
issued by the Federal Energy Regulatory Commission after the enactment
of this Act, except as otherwise provided in paragraph (2), (3) or (4)
of this subsection.
(2) Subsection (j) shall not apply to the project if the application
for license or exemption for the project was filed, and accepted for
filing by the Commission, before the enactment of this Act.
(3) Paragraphs (1) and (3) of such subsection (j) shall not apply if
the application for the license or exemption for the project was filed
before the enactment of this Act and accepted for filing by the
Commission (in accordance with the Commission's regulations and
procedures in effect on January 1, 1986, including those relating to the
requirement for environmental consultation) within 3 years after such
enactment.
(4)(A) Paragraph (3) of subsection (j) shall not apply for projects
where the license or exemption application was filed after enactment of
this Act if, based on a petition filed by the applicant for such project
within 18 months after such enactment, the Commission determines (after
public notice and opportunity for public comment of at least 45 days)
that the applicant has demonstrated that he had committed (prior to the
enactment of this Act) substantial monetary resources directly related
to the development of the project and to the diligent and timely
completion of all requirements of the Commission for filing an
acceptable application for license or exemption. Such petition shall be
publicly available and shall be filed in such form as the Commission
shall require by rule issued within 120 days after the enactment of this
Act. The public notice required under this subparagraph shall include
written notice by the petitioner to affected Federal and State agencies.
(B) In the case of any petition referred to in subparagraph (A), if
the applicant had a preliminary permit and had completed environmental
consultations (required by Commission regulations and procedures in
effect on January 1, 1986) prior to enactment, there shall be a
rebuttable presumption that such applicant had committed substantial
monetary resources prior to enactment.
(C) The applicant for a license or exemption for a project described
in subparagraph (A) may petition the Commission for an initial
determination under paragraph (1) of section 210(j) of the Public
Utility Regulatory Policies Act of 1978 prior to the time the license or
exemption is issued. If the Commission initially finds that the project
will have substantial adverse effects on the environment within the
meaning of such paragraph (1), prior to making a final finding under
that paragraph the Commission shall afford the applicant a reasonable
opportunity to provide for mitigation of such adverse effects. The
Commission shall make a final finding under such paragraph (1) at the
time the license or exemption is issued. If the Federal Energy
Regulatory Commission has notified the State of its initial finding and
the State has not taken any action described in paragraph (2) of section
210(j) before such final finding, the failure to take such action shall
be the basis for a rebuttable presumption that there is not a
substantial adverse effect on the environment related to natural,
recreational, cultural, or scenic attributes for purposes of such
finding.
(D) If a petition under subparagraph (A) is denied, all provisions of
section 210(j) of the Public Utility Regulatory Policies Act of 1978
shall apply to the project regardless of when the license or exemption
is issued.
(c) APPLICATION OF SECTION 30(c). -- Nothing in this Act "16 USC
823a note" shall affect the application of section 30(c) of the Federal
Power Act to any exemption issued after the enactment of this Act. "16
USC 824a-3 note"
(d) STUDY. -- (1) The Commission shall conduct a study (in
accordance with section 102(2)(C) of the National Environmental Policy
Act of 1969) "42 USC 4332" of whether the benefits of section 210 of the
Public Utility Regulatory Policies Act of 1978 and section 210 of the
Federal Power Act "16 USC 824i" should be applied to hydroelectric power
facilities utilizing new dams or diversions (within the meaning of
section 210(k) of the Public Utility Regulatory Policies Act of 1978).
(2) The study under this subsection shall take into consideration the
need for such new dams or diversions for power purposes, the
environmental impacts of such new dams and diversions (both with and
without the application of the amendments made by this Act to sections
4, 10, and 30 of the Federal Power Act and section 210 of the Public
Utility Regulatory Policies Act of 1978), the environmental effects of
such facilities alone and in combination with other existing or proposed
dams or diversions on the same waterway, the intent of Congress to
encourage and give priority to the application of section 210 of Public
Utility Regulatory Policies Act of 1978 to existing dams and diversions
rather than such new dams or diversions, and the impact of such section
210 on the rates paid by electric power consumers.
(3) The study under this subsection shall be initiated within 3
months after enactment of this Act and completed as promptly as
practicable.
(4) A report containing the results of the study conducted under this
subsection shall be submitted to the Committee on Energy and Commerce of
the United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate while both Houses are
in session.
(5) The report submitted under paragraph (4) shall include a
determination (and the basis thereof) by the Commission, based on the
study and a public hearing and subject to review under section 313(b) of
the Federal Power Act, "16 USC 825l" whether any of the benefits
referred to in paragraph (1) should be available for such facilities and
whether applications for preliminary permits (or licenses where no
preliminary permit has been issued) for such small power production
facilities utilizing new dams or diversions should be accepted by the
Commission after the moratorium period specified in subsection (e). The
report shall include such other administrative and legislative
recommendations as the Commission deems appropriate.
(6) If the study under this subsection has not been completed within
18 months after its initiation, the Commission shall notify the
Committees referred to in paragraph (4) of the reasons for the delay and
specify a date when it will be completed and a report submitted.
(e) MORATORIUM ON APPLICATION OF PURPA TO NEW DAMS. -- "16 USC
824a-3 note" Notwithstanding the amendments made by subsection (a) of
this section, in the case of a project for which a license or exemption
is issued after the enactment of this Act, section 210 of the Public
Utility Regulatory Policies Act of 1978 shall not apply during the
moratorium period if the project utilizes a new dam or diversion (as
defined in section 210(k) of such Act) unless the project is either --
(1) a project located at a Government dam (as defined in
section 3(10) of the Federal Power Act) "16 USC 796" at which
non-Federal hydroelectric development is permissible, or
(2) a project described in paragraphs (2), (3), or (4) of
subsection (b).
For purposes of this subsection, the term "moratorium period" means
the period beginning on the date of the enactment of this Act and ending
at the expiration of the first full session of Congress after the
session during which the report under subsection (d) has been submitted
to the Congress.
SEC. 9. FEES AND CHARGES FOR USE OF DAMS AND STRUCTURES.
(a) FEES AND CHARGES. -- Section 10(e) of the Federal Power Act "16
USC 803" is amended as follows:
(1) Insert "(1)" after "(e)".
(2) Add the following at the end thereof:
"(2) In the case of licenses involving the use of Government dams or
other structures owned by the United States, the charges fixed (or
readjusted) by the Commission under paragraph (1) for the use of such
dams or structures shall not exceed 1 mill per kilowatt-hour for the
first 40 gigawatt-hours of energy a project produces in any year 1-1/2
mills per kilowatt-hour for over 40 up to and including 80
gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy
the project produces over 80 gigawatt-hours in any year. Except as
provided in subsection (f), such charge shall be the only charge
assessed by any agency of the United States for the use of such dams or
structures.
"(3) The provisions of paragraph (2) shall apply with respect to --
"(A) all licenses issued after the date of the enactment of
this paragraph; and
"(B) all licenses issued before such date which --
"(i) did not fix a specific charge for the use of the
Government dam or structure involved; and
"(ii) did not specify that no charge would be fixed for the use
of such dam or structure.
"(4) Every 5 years, the Commission shall review the appropriateness
of the annual charge limitations provided for in this subsection and
report to Congress concerning its recommendations thereon."
(b) SAVINGS PROVISIONS. -- Nothing in this Act shall affect any
annual charge to be paid pursuant to section 10(e) "16 USC 803 note" of
the Federal Power Act to Indian tribes for the use of their lands within
Indian reservations.
SEC. 10. ELECTION AND NEGOTIATIONS CONCERNING CONTESTED PROJECTS
SUBJECT TO LITIGATION.
(a) APPLICATION OF SECTION. -- This section applies to any
relicensing proceeding initiated prior to October 1983 at the Federal
Energy Regulatory Commission involving the following projects:
Mokelumne (No. 137), California; Phoenix (No. 1061), California; Rock
Creek/Cresta (No. 1962), California; Haas-King (No. 1988), California;
Poole (No. 1388), California; Olmsted (No. 596), Utah; Weber (No.
1744), Utah; Rush Creek (No. 1389), California; and Shawano (No.
710), Wisconsin. The numbers in this subsection refer to Federal Energy
Regulatory Commission project identification numbers for the existing
licensee. This subsection shall also apply to any subsequent
relicensing proceeding for any such period involving the same parties
which results from the rejection, without prejudice, of an application
in any of the proceedings specified in this subsection.
(b) PROVISIONS NOT APPLICABLE IF ELECTION MADE. -- In the case of
each project named in subsection (a), if the existing licensee fails to
make an election under subsection (c) within 90 days after the enactment
of this Act for negotiations under subsection (e) --
(1) the provisions of the Federal Power Act "16 USC 791a" in
effect one day prior to enactment of this Act; and
(2) the amendments made by sections 3, 6 and 12 of this Act to
the Federal Power Act;
shall apply to the relicensing proceeding referred to in subsection
(a).
(c) ELECTION PROCEDURES. -- An existing licensee for any project
named in subsection (a) may file an election with the Commission under
this subsection. The election shall be filed in the manner required by
the Commission. The election, subject to subsection (d), shall consist
of an agreement that, in the case of the project concerned, the licensee
will --
(1) enter into good faith negotiations under subsection (e)
with each person (or group of persons) who filed a competing
application for a new license for the project before October 7,
1983; and
(2) be subject to the provisions of this section.
Notice of the election to negotiate or the refusal thereof shall be
filed with the Commission within the 90-day period.
(d) ELECTION OR REFUSAL TO ACCEPT ELECTION. -- Within 45 days after
receiving notice from the Commission of an election to negotiate made by
the existing licensee under subsection (c) for an applicable project,
each competing license applicant (or group of applicants) referred to in
subsection (a) may --
(1) accept the election, withdraw the competing application,
enter into good faith negotiations in accordance with this
section, and agree to be subject to the provisions of this
section; or
(2) refuse to accept such election.
If the election to negotiate is not accepted by the competing applicant
(or group) within the 45-day period, the relicensing proceeding for such
project shall be continued and a new license issued solely in accordance
with the Federal Power Act, as amended by this Act (including the
amendments made by this Act to section 7 of the Federal Power Act).
Notice of an election to negotiate or refusal must be filed with the
Commission within the 45-day period.
(e) NEGOTIATIONS. -- If an election to negotiate is made pursuant to
subsections (c) and (d) for any project, the existing licensee and the
competing applicant shall commence negotiations for each of the
following:
(1) Compensation to be provided by the existing licensee for
the reasonable costs incurred by the competing applicant which are
related to pursuing --
(A) the application in the applicable relicensing proceeding,
including the costs of preparing, filing, and maintaining such
application for the period ending December 31, 1985; and
(B) the litigation in the courts involving the application of
section 7 of the Federal Power Act to the applicable relicensing
proceeding.
(2) Compensation is an additional sum (which may be in money or
electric power or both) representing a reasonable percentage (but
not to exceed 100 percent) of the net investment of the existing
licensee in the project, as of October 22, 1985 (as determined by
the Commission, prior to the initiation of such negotiations, in
accordance with section 14(a) of the Federal Power Act). "16 USC
807" In making the determination of net investment, the Commission
shall utilize all relevant records and data (which the existing
licensee shall provide to the Commission) applicable to the
project for the term of the existing license through October 22,
1985.
The parties to the negotiations shall establish the method, period,
and manner of providing all such compensation.
(f) COMMISSION ORDER. -- If an election is made and accepted but
negotiations under subsection (e) are not commenced by the parties
within the time established by the Commission (or, if appropriate, in
the judgment of the Commission, one 45-day extension thereof) or if a
mutually satisfactory compensation arrangement that is consistent with
the provisions of the Federal Power Act "16 USC 791a" has not been
executed within such time, the Commission, after notice and opportunity
for a hearing, shall issue an order establishing compensation in
accordance with paragraphs (1) and (2) of subsection (e). In
determining the amount of compensation, the Commission may accept any
stipulations agreed to by the parties as a result of the negotiations.
The Commission shall also take into consideration all of the following:
(1) The quality of the relicensing proposals of the existing
licensee and the competing applicant.
(2) The net benefits to both parties and their customers of
obtaining the new license.
(3) The extent to which the applications filed by both parties
were actively pursued (subject to the effect thereon of any action
by the Commission or the applicable litigation) and filed with the
Commission in good faith.
(4) The extent of reliance by the competing applicant on the
provisions of the Federal Power Act in effect prior to enactment
of this Act and the detrimental impact of such reliance on the
operations and on the service area of the applicant.
(g) COMPENSATION. -- The order of the Commission under this section
shall establish the method, period, and manner of providing compensation
under subsection (f), and such other reasonable terms and conditions
concerning such compensation, consistent with the Federal Power Act, as
the Commission deems appropriate. Any payment over a period of time
shall include interest compounded at a rate based upon outstanding
obligations of the United States of comparable maturity. The payment
period shall not exceed one-third of the new license term for the
project. The order shall state the basis for the Commission's
determination. The provisions of section 313 of the Federal Power Act
"16 USC 825l" shall apply to such order and determinations. The order
(or any agreement reached by the parties by negotiation) shall be a
condition of any annual license or new license (depending when the order
is issued or agreement reached) issued to the existing licensee for this
project. Nothing in this section shall be construed to affect the
treatment, by a State regulatory authority for ratemaking purposes, of
any compensation paid under this section.
(h) COMMISSION PROCEEDINGS. -- Upon mutual request of the parties to
any negotiation under this section, the Commission may defer any
determination of net investment for the applicable project until
whenever it is required to issue an order under this section for such
project. No new license shall be issued under the Federal Power Act "16
USC 791a" for the projects referenced in this section until there is
full compliance, to the extent applicable, with this section. The
Commission shall ensure that negotiations and any determinations and
orders required by this section shall be conducted, made, and issued
expeditiously and shall ensure that the parties do not delay.
SEC. 11. MERWIN DAM PROJECT.
The amendments made by this Act, except for the amendments made by
sections 6 and 12 shall not apply to the Federal Energy Regulatory
Commission proceeding involving FERC Project Number 935 (FERC Project
Number 2791), relating to the Merwin Dam in Washington State.
SEC. 12. ADDITIONAL COMMISSION ENFORCEMENT AUTHORITY.
Part I of the Federal Power Act is amended by adding the following
new section at the end thereof:
"SEC. 31. "16 USC 823b" ENFORCEMENT.
"(a) MONITORING AND INVESTIGATION. -- The Commission shall monitor
and investigate compliance with each license and permit issued under
this Part and with each exemption granted from any requirement of this
Part. The Commission shall conduct such investigations as may be
necessary and proper in accordance with this Act. After notice and
opportunity for public hearing, the Commission may issue such orders as
necessary to require colmpliance with the terms and conditions of
licenses and permits issued under this Part and with the terms and
conditions of exemptions granted from any requirement of this Part.
"(b) REVOCATION ORDERS. -- After notice and opportunity for an
evidentiary hearing, the Commission may also issue an order revoking any
license issued under this Part or any exemption granted from any
requirement of this Part where any licensee or exemptee is found by the
Commission:
"(1) to have knowingly violated a final order issued under
subsection (a) after completion of judicial review (or the
opportunity for judicial review); and
"(2) to have been given reasonable time to comply fully with
such order prior to commencing any revocation proceeding.
In any such proceeding, the order issued under subsection (a) shall
be subject to de novo review by the Commission. No order shall be
issued under this subsection until after the Commission has taken into
consideration the nature and seriousness of the violation and the
efforts of the licensee to remedy the violation.
"(c) CIVIL PENALTY. -- Any licensee, permittee, or exemptee who
violates or fails or refuses to comply with any rule or regulation under
this Part, any term, or condition of a license, permit, or exemption
under this Part, or any order issued under subsection (a) shall be
subject to a civil penalty in an amount not to exceed $10,000 for each
day that such violation or failure or refusal continues. Such penalty
shall be assessed by the Commission after notice and opportunity for
public hearing. In determining the amount of a proposed penalty, the
Commission shall take into consideration the nature and seriousness of
the violation, failure, or refusal and the efforts of the licensee to
remedy the violation, failure, or refusal in a timely manner. No civil
penalty shall be assessed where revocation is ordered.
"(d) ASSESSMENT. -- (1) Before issuing an order assessing a civil
penalty against any person under this section, the Commission shall
provide to such person notice of the proposed penalty. Such notice
shall, except in the case of a violation of a final order issued under
subsection (a), inform such person of his opportunity to elect in
writing within 30 days after the date of receipt of such notice to have
the procedures of paragraph (3) (in lieu of those of paragraph (2))
apply with respect to such assessment.
"(2)(A) In the case of the violation of a final order issued under
subsection (a), or unless an election is made within 30 calendar days
after receipt of notice under paragraph (1) to have paragraph (3) apply
with respect to such penalty, the Commission shall assess the penalty,
by order, after a determination of violation has been made on the record
after an opportunity for an agency hearing pursuant to section 554 of
title 5, United States Code, before an administrative law judge
appointed under section 3105 of such title 5. Such assessment order
shall include the administrative law judge's findings and the basis for
such assessment.
"(B) Any person against whom a penalty is assessed under this
paragraph may, within 60 calendar days after the date of the order of
the Commission assessing such penalty, institute an action in the United
States court of appeals for the appropriate judicial circuit for
judicial review of such order in accordance with chapter 7 of title 5,
United States Code. "5 USC 701 et seq." The court shall have
jurisdiction to enter a judgment affirming, modifying, or setting aside
in whole or in Part, the order of the Commission, or the court may
remand the proceeding to the Commission for such further action as the
court may direct.
"(3)(A) In the case of any civil penalty with respect to which the
procedures of this paragraph have been elected, the Commission shall
promptly assess such penalty, by order, after the date of the receipt of
the notice under paragraph (1) of the proposed penalty.
"(B) If the civil penalty has not been paid within 60 calendar days
after the assessment order has been made under subparagraph (A), the
Commission shall institute an action in the appropriate district court
of the United States for an order affirming the assessment of the civil
penalty. The court shall have authority to review de novo the law and
the facts involved, and shall have jurisdiction to enter a judgment
enforcing, modifying, and enforcing as so modified, or setting aside in
whole or in Part, such assessment.
"(C) Any election to have this paragraph apply may not be revoked
except with the consent of the Commission.
"(4) The Commission may compromise, modify, or remit, with or without
conditions, any civil penalty which may be imposed under this
subsection, taking into consideration the nature and seriousness of the
violation and the efforts of the licensee to remedy the violation in a
timely manner at any time prior to a final decision by the court of
appeals under paragraph (2) or by the district court under paragraph
(3).
"(5) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order under paragraph (2),
or after the appropriate district court has entered final judgment in
favor of the Commission under paragraph (3), the Commission shall
institute an action to recover the amount of such penalty in any
appropriate district court of the United States. In such action, the
validity and appropriateness of such final assessment order or judgment
shall not be subject to review.
"(6)(A) Notwithstanding the provisions of title 28, United States
Code, or of this Act, the Commission may be represented by the general
counsel of the Commission (or any attorney or attorneys within the
Commission designated by the Chairman) who shall supervise, conduct, and
argue any civil litigation to which paragraph (3) of this subsection
applies (including any related collection action under paragraph (5)) in
a court of the United States or in any other court, except the Supreme
Court. However, the Commission or the general counsel shall consult
with the Attorney General concerning such litigation, and the Attorney
General shall provide, on request, such assistance in the conduct of
such litigation as may be appropriate.
"(B) The Commission shall be represented by the Attorney General, or
the Solicitor General, as appropriate, in actions under this subsection,
except to the extent provided in subparagraph (A) of this paragraph.".
SEC. 13. ANTITRUST LAWS.
Section 10(h) of the Federal Power Act "16 USC 803" is amended by
inserting "(1)" after "(h)" and by adding the following new paragraph at
the end thereof:
"(2) That conduct under the license that: (A) results in the
contravention of the policies expressed in the antitrust laws; and (B)
is not otherwise justified by the public interest considering regulatory
policies expressed in other applicable law (including but not limited to
those contained in Part II of this Act) shall be prevented or adequately
minimized by means of conditions included in the license prior to its
issuance. In the event it is impossible to prevent or adequately
minimize the contravention, the Commission shall refuse to issue any
license to the applicant for the project and, in the case of an existing
project, shall take appropriate action to provide thereafter for the
operation and maintenance of the affected project and for the issuing of
a new license in accordance with section 15 of this Part.".
SEC. 14. LANDOWNER NOTIFICATION.
Section 9 of the Federal Power Act "16 USC 802" is amended by
inserting "(a)" after "9", by redesignating existing subsections (a) and
(b) as paragraphs (1) and (2), and by adding the following at the end
thereof:
"(b) Upon the filing of any application for a license (other than a
license under section 15) "16 USC 808" the applicant shall make a good
faith effort to notify each of the following by certified mail:
"(1) Any person who is an owner of record of any interest in
the property within the bounds of the project.
"(2) Any Federal, State, municipal or other local governmental
agency likely to be interested in or affected by such
application.".
SEC. 15. APPLICATIONS FOR CERTAIN ORDERS UNDER FEDERAL POWER ACT.
Section 211(c)(2)(B) of the Federal Power Act "16 USC 824j" is
amended by adding the following before the period: ": Provided, That
nothing in this subparagraph shall prevent an application for an order
hereunder to be filed prior to termination of modification of an
existing rate schedule: Provided, That such order shall not become
effective until termination of such rate schedule or the modification
becomes effective".
SEC. 15A. MISCELLANEOUS PROVISIONS.
(a) LAKE TUSCALOOSA. -- In the case of any hydroelectric power
project located or proposed to be located at Lake Tuscaloosa, in
Tuscaloosa County, Alabama, the provisions of the Federal Power Act "16
USC 791a" shall continue to apply, except that the Federal Energy
Regulatory Commission shall not issue any permit, license, or exemption
under that Act or under any other provision of law administered by the
Commission to any person or public or private entity for such project or
for any transmission or other facilities used in connection with, or
appurtenant to, such project unless authorized by law enacted after the
enactment of this Act.
(b) TIME LIMITATIONS FOR CERTAIN PROJECTS. -- Notwithstanding the
time limitations of section 13 of the Federal Power Act, "16 USC 806"
the Federal Energy Regulatory Commission upon the request of the
licensee for FERC Projects Nos. 3033, 3034, and 3044 (and after
reasonable notice) is authorized, in accordance with the good faith, due
diligence, and public interest requirements of such section 13 and the
Commission's procedures under such section, to extend:
(1) the time required for commencement of construction of
Projects Nos. 3033, 3034, and 3044 for up to a maximum of 3
consecutive 2-year periods for each such project,
(2) the time required for completion of construction of such
projects for a reasonable period not to exceed 5 years after
commencement of construction of each project, and
(3) the time required for the licensee to acquire the real
property required for such projects for a period of up to 5 years
from the date of enactment of the Act.
The authorization for issuing extensions under paragraphs (2) and (3)
of this subsection shall terminate 3 years after enactment of this Act.
The Commission to facilitate requests under this subsection may
consolidate such requests.
(c) HENRY'S FORK. -- (1) In the case of any project proposed to be
sited on, or adjacent to, that portion of Henry's Fork of the Snake
River, Idaho (including that segment originating at Big Springs), or its
tributaries within one-half mile of their confluence with Henry's Fork
of the Snake River, from its point of origin at Henry's Lake, Idaho to
the point of its confluence with the backwaters of Ashton Reservoir,
Idaho, the provisions of the Federal Power Act "16 USC 791a" shall
continue to apply, except that the Federal Energy Regulatory Commission
shall not issue any permit, license, or exemption under that Act or
under any other provision of law administered by the Commission to any
person or public or private entity for such project or for any
transmission or other facilities used in connection with, or appurtenant
to, such project unless authorized by law enacted after the enactment of
this Act. The prohibition in the preceding sentence shall not apply to
the application for a license under Part I of the Federal Power Act, as
amended by this Act, to the Island Park Dam Hydropower Project (FERC
Project No. 2973), except that in addition to the requirements of that
Act, the Commission may issue such license only if the Commission
determines that significant and permanent alternation of streamflow,
habitat, water temperature, and quality will not occur as a result of
the project. Nothing in this subsection shall be construed to affect
the authority of this Commission to relicense, in accordance with the
provisions of the Federal Power Act, as amended by this Act, "16 USC
791a" the Ponds Lodge Hydropower Project (FERC Project No. 1413).
(2) Except as expressly provided in paragraph (1), nothing in this
subsection shall affect the validity of any existing license, permit, or
certificate issued by any Federal agency pursuant to any other Federal
law.
(3) The provisions of this subsection shall supersede the provisions
of title VII (relating to the Henry's Fork of the Snake River, Idaho) of
the Act entitled "An Act to amend the Wild and Scenic Rivers Act, and
for other purposes" enacted during the 99th Congress, second session.
SEC. 16. "16 USC 797b" PROVISION OF INFORMATION TO CONGRESS.
The Federal Energy Regulatory Commission shall keep the Committee on
Energy and Commerce of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate fully and currently informed regarding actions of the Commission
with respect to the provisions of Part I of the Federal Power Act.
SEC. 17. SAVINGS PROVISIONS.
(a) IN GENERAL. -- Nothing in this Act "16 USC 797 note" shall be
construed as authorizing the appropriation of water by any Federal,
State, or local agency, Indian tribe, or any other entity or individual.
Nor shall any provision of this Act --
(1) affect the rights or jurisdiction of the United States, the
States, Indian tribes, or other entities over waters of any river
or stream or over any ground water resource;
(2) alter, amend, repeal, interpret, modify, or be in conflict
with any interstate compact made by the States;
(3) alter or establish the respective rights of States, the
United States, Indian tribes, or any person with respect to any
water or water-related right;
(4) affect, expand, or create rights to use transmission
facilities owned by the Federal Government;
(5) alter, amend, repeal, interpret, modify, or be in conflict
with, the Treaty rights or other rights of any Indian tribe;
(6) permit the filing of any competing application in any
relicensing proceeding where the time for filing a competing
application expired before the enactment of this Act; or
(7) modify, supersede, or affect the Pacific Northwest Electric
Power Planning and Conservation Act. "16 USC 839 note"
SEC. 18. "16 USC 797 note" EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by this
Act shall take effect with respect to each license, permit, or exemption
issued under the Federal Power Act "16 USC 791a" after the enactment of
this Act. The amendments made by sections 6 and 12 of this Act shall
apply to licenses, permits, and exemptions without regard to when
issued.
Approved October 16, 1986. quality." management of the project, each
license issued under this Part shall
its customers, including, among other relevant considerations,
paragraph. and including just and reasonable rates and reasonable terms
and
Section 15 of the Federal Power Act is amended by adding the each of
the following requirements: Commission (in accordance with the
Commission's regulations and USC 824a-3 note" defined in section 210(k)
of such Act) unless the project is either -- (No. 1744), Utah; Rush
Creek (No. 1389), California; and Shawano following: conditions
concerning such compensation, consistent with the Federal
"(2) to have been given reasonable time to comply fully with
promptly assess such penalty, by order, after the date of the receipt
not limited to those contained in Part II of this Act) shall be
Projects Nos. 3033, 3034, and 3044 for up to a maximum of 3
the Committee on Energy and Natural Resources of the United States
Government-operated laboratories to enter into
or on behalf of the Government, in advance, in whole or in part,
disapproves or requires the modification of an agreement presented
"(C) provide a clearinghouse for requests, received at the
of the Consortium. enhance Federal, State, and local programs for the
transfer of
"(1) to prepare application assessments for selected research
(as amended by the preceding provisions of this Act) is further amended
of science and technology development within the Federal
enactment of this Act or until the date of the promulgation of such made
to the employee, and shall not affect the entitlement of the Government
employee or former employee who made the invention during
inserting in lieu thereof "the Assistant Secretary";
that they permit or require a disposition of rights in subject
Approved October 20, 1986.
as the Papago Tribe of Arizona, organized under section 16 of the
barred from asserting any and all claims for reserved water rights with
ground water) with respect to the lands of the Gila Bend Indian
effective date of the Wilderness Act shall be deemed to be a reference
1976, "16 USC 1600 note" to be an adequate consideration of the
SEC. 202. "16 USC 460rr-1" As soon as practicable after enactment
Insular Affairs and the Committee on Agriculture of the United States
Sec. 210. Payments to States.
(11), respectively, and by inserting after paragraph (5) the following
appears and inserting in lieu thereof "individual with conditions,
sickle cell anemia, specific learning disability,
(b) INFORMATION TASK FORCE. -- Section 12(b) of the Act "29 USC
"SEC. 17. "29 USC 716" The application of any State rule or policy
1991.".
serving individuals with severe handicaps and including"; and
rehabilitation engineering services to be provided to assist in
delegate responsibility to make any such final decision to any other
730" is amended --
"(2)(A) The total of payments under paragraph (1) to a State for a
directly or indirectly from". Special Education and Rehabilitative
Services, the Director of the
and
"29 USC 761a" is amended by inserting after subsection (1) the
inserting in lieu thereof a comma and the following: "and to (D)
REHABILITATION FACILITIES.
"(B) If the grant recipient determines that an individual has
"(g) There are authorized to be appropriated to carry out this
includes --
will be part of the responsibility of the office or agency
Section 400(a) of the Act "29 USC 780" is amended --
striking out "fiscal year ending before October 1, 1986," and inserting
(a) GENERAL PROVISIONS. --
and inserting in lieu thereof "; and"; and
1990 and in subsequent years, the Commissioner shall include an carry
out the provisions of section 621, $16,070,000 for fiscal year
"(c)(1) In the first fiscal year in which appropriations are made
Act, "20 USC 1412, 1414" respectively;
section 101 from its State allotment under section 110.
"(2) provide guidance to State agencies and to local planning
(3) by striking out "activities" in clause (K) and inserting
"(i) the capacity of the recipient to obtain local resources
thereof "are".
(4) in subsection (i) -- striking out "Chairman" and inserting
in lieu thereof
(1) Section 501 of the Act "29 USC 791" is amended by
assessment of the direct and indirect cost rates charged to State
account for nine million disability days annually; activities. of the
United States to observe the day with appropriate ceremonies and
proclamation in honor of this celebration.
by striking out "2" and inserting in lieu thereof "3",
(37) in the item relating to the western district of
"(12) The judicial districts established for the States of
(a) SUPERVISION AND ADMINISTRATION. -- Section 586(a) of title 28,
appoint one or more individuals to serve as standing trustee, or
"(i) such individual's actual compensation for such cases, as
"(1) one-third of the fees collected under section 1930(a)(1)
November 6, 1978 (Public Law 95-598; 92 Stat. 2662), "28 USC 591 et
thereof "chapter 40".
TRUSTEE.
paid to the clerk of the bankruptcy court and deposited by the clerk
586(a)(1) of title 28 or that is serving as trustee in the case "motion
or on a motion by the United States trustee, but".
(2) in subsection (b), by inserting "or the United States
Transportation shall submit a list of five disinterested persons that
repealed. chapter.".
"(b) A creditor may present a negotiable instrument, and may give
"(d)(1) A court that has appointed an individual under subsection an
entity in property, such adequate protection may be provided by --
interest, and after notice and a hearing, the court may dismiss a case
may -- the plan is deemed to have accepted or rejected, as the case may
be,
"(2) For purposes of this subsection, 'disposable income' means
payments under the plan, other than payments to holders of allowed
"(b)(1) Sections 1222(a), 1222(b), and 1223(c) of this title and
thereof and inserting "; and", and
(2) in subsections (c) and (e) by striking out "or 1307" each
lieu thereof ", 11, or 12", and the period at the end thereof and
inserting in lieu thereof ";
thereof ", financial institution".
"7, 11, 12, or 13" in the statement to be made by the attorney in
(iii) any reference in such section 326(b) to section 1302(a)
Iowa. Arkansas.
(F)(i) Subject to clause (ii), with respect to cases under
Code,
under the laws applicable to such cases, matters, and proceedings as if
to cases in such district until the amendments made by subtitle A of
administrators under title 11 of the United States Code should be
value of such asset, and any action taken by the trustee or system
is operated.
LEGISLATIVE HISTORY -- S. 426 (H.R. 44):
HOUSE REPORTS: No. 99-507 accompanying H.R. 44 (Comm. on Energy and
Commerce).
SENATE REPORTS: No. 99-161 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 11, 15-17, considered
and passed Senate. Apr. 21, H.R. 44 considered and passed House;
proceedings vacated and S. 426 amended, passed in lieu. June 10, Senate
disagreed to House amendment. Oct. 2, House agreed to conference
report. Oct. 3, Senate agreed to conference report.
Public Law 99-494, 100 Stat. 1242
Whereas the ability and opportunity to read are of fundamental
importance to everyone;
Whereas this Nation's democratic, individualistic tradition depends
on a literate, informed citizenry;
Whereas the National Commission on Reading, the Librarian of
Congress, and others have recently reported that an alarmingly large
number of Americans are not able or motivated to read;
Whereas the Center for the Book in the Library of Congress has
concluded that there is an urgent need to focus national attention on
the importance of reading and to strengthen national and local efforts
to combat illiteracy; and
Whereas this Nation, built on ideas expressed through books and the
printed word, will celebrate the Bicentennial of the Constitution in
1987: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That 1987 is designated the
"Year of the Reader" and the President is authorized and requested to
issue a proclamation encouraging parents, teachers, librarians,
government officials, members of the book and business communities, and
the people of the United States to observe such year with appropriate
programs, ceremonies, and activities aimed at restoring reading to a
place of preeminence in our personal lives and in the life of our
Nation.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 671:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed
House. Oct. 3, considered and passed Senate.
Public Law 99-493, 100 Stat. 1241
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstanding any
previously approved plan for the use and distribution of the Ak-Chin,
Salt River Pima-Maricopa, and Gila River Pima-Maricopa Indian
communities judgment funds in docket 228 before the United States Claims
Court, upon the request of the governing body of the Gila River
Pima-Maricopa Indian Community, as manifested by the appropriate tribal
council resolution, the Secretary of the Interior shall make a per
capita distribution not to exceed 80 per centum of the funds apportioned
to the Gila River Pima-Maricopa Indian Community, in a sum as equal as
possible, to each member of the Gila River Pima-Maricopa Indian
Community born on or prior to and living on August 10, 1986.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 5430:
HOUSE REPORTS: No. 99-869 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-492, 100 Stat. 1240
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 9(c) of the
Act entitled "An Act relating to the policing of the building and
grounds of the Supreme Court of the United States", approved August 18,
1949 (40 U.S.C. 13n(c)), is amended in the first sentence by striking
"one year after the date of the enactment of this subsection and
inserting "on December 29, 1990".
SEC. 2. (a) (Section 105(a) of the Legislative Branch Appropriations
Act, 1979 (2 U.S.C. 72a note), as reenacted by section 115 of the joint
resolution entitled "Joint resolution making continuing appropriations
for the fiscal year 1982, and for other purposes", approved October 1,
1981 (95 Stat. 963), is amended by striking out "September 30, 1986,"
and inserting in lieu thereof "February 28, 1987,".
(b) The amendment made by subsection (a) "2 USC 72a note" shall take
effect on October 1, 1986.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 5362 (S. 2814):
HOUSE REPORTS: No. 99-912 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Sept. 30, considered and passed Senate, amended. Oct. 7,
House concurred in Senate amendment.
Public Law 99-491, 100 Stat. 1239
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the joint resolution of
October 11, 1986 (Public Law 99-465) is hereby amended by striking out
"October 15, 1986" and inserting in lieu thereof "October 16, 1986".
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 753:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 15, considered and
passed House. Oct. 16, considered and passed Senate.
Public Law 99-490, 100 Stat. 1235
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 "Tennessee Wilderness Act of 1986".
SEC. 2. DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131
et seq.), the following lands in the Cherokee National Forest in the
State of Tennessee are hereby designated as wilderness and therefore, as
components of the National Wilderness Preservation System:
(1) "16 USC 1132 note" certain lands which comprise
approximately 6,665 acres, as generally depicted on a map entitled
"Pond Mountain Wilderness -- Proposed and Pond Mountain Addition
Wilderness -- Proposed", dated July 15, 1986, and which shall be
known as the Pond Mountain Wilderness;
(2) "16 USC 1132 note" certain lands which comprise
approximately 6,251 acres, as generally depicted on a map entitled
"Big Laurel Branch Wilderness -- Proposed", dated July 15, 1986,
and which shall be known as the Big Laurel Branch Wilderness;
(3) "16 USC 1132 note" certain lands which comprise
approximately 4,700 acres, as generally depicted on a map entitled
"Unaka Mountain Wilderness -- Proposed", dated July 15, 1986, and
which shall be known as the Unaka Mountain Wilderness;
(4) "16 USC 1132 note" certain lands which comprise
approximately 8,319 acres, as generally depicted on a map entitled
"Sampson Mountain Wilderness -- Proposed", dated July 15, 1986,
and which shall be known as the Sampson Mountain Wilderness;
(5) "16 USC 1132 note" certain lands which comprise
approximately 4,800 acres, as generally depicted on a map entitled
"Little Frog Mountain Wilderness -- Proposed", dated July 15,
1986, and which shall be known as the Little Frog Mountain
Wilderness; and
(6) certain lands which comprise approximately 3,000 acres, as
generally depicted on a map entitled "Big Frog Extension
Wilderness -- Proposed", dated July 15, 1986, and which shall be
combined with the now existing Big Frog Wilderness and known as
the Big Frog Wilderness.
SEC. 3. MAPS AND DESCRIPTIONS.
As soon as practicable after the date of enactment of this Act, the
Secretary of Agriculture shall file a map and legal description of each
wilderness area designated by this Act with the Committee on Interior
and Insular Affairs and the Committee on Agriculture of the United
States House of Representatives and with the Committee on Agriculture,
Nutrition, and Forestry of the United States 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 may be made by the Secretary. Each such map
and description shall be on file and available for public inspection in
the Office of the Chief of the Forest Service, Department of
Agriculture.
SEC. 4. ADMINISTRATION OF WILDERNESS.
(a) IN GENERAL. -- 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 "16
USC 1131 note" governinig 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. 5. EFFECT OF RARE II.
(a) FINDINGS. -- The Congress finds that --
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless area in Johnson, Carter, Sullivan,
Unicoi, Washington, Greene, Cocke, and McMinn Counties, Tennessee,
and of the environmental impacts associated with alternative
allocations of such areas.
(b) REVIEW AND RELEASE. -- On the basis of such reviews, the
Congress hereby determines and directs that --
(1) without passing on the question of the legal and factual
sufficiency of the RARE II final environmental statement (dated
January 1979) with respect to the National Forest System lands
other than in Johnson, Carter, Sullivan, Unicoi, Washington,
Greene, Cocke, and McMinn Counties, Tennessee, such statement
shall not be subject to judicial review with respect to National
Forest lands in Johnson, Carter, Sullivan, Unicoi, Washington,
Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee;
(2) with respect to the National Forest System lands in
Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Cocke, and
McMinn Counties, Tennessee, which were reviewed by the Department
of Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d), except
those lands designated for wilderness study upon enactment of this
Act, that review and evaluation or reference shall be deemed for
the purposes of the initial land management plans required for
such lands by the Forest and Rangeland Renewable Resources
Planning Act of 1974, "16 USC 1600 note" as amended by the
National Forest Management Act of 1976, to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revisions of the plans, but shall review the
wilderness option when the plans are revised, which revisions will
ordinarily occur on a ten-year cycle, or at least every fifteen
years, unless, prior to such time, the Secretary of Agriculture
finds that conditions in a unit have significantly changed;
(3) areas in Johnson, Carter, Sullivan, Unicoi, Washington,
Greene, Monroe, Polk, McMinn, and Cocke Counties, Tennessee,
reviewed in such final environmental statement or referenced in
subsection (d) and not designated as wilderness or for wilderness
study upon enactment of this Act shall be managed for multiple use
in accordance with land management plans pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974,
as amended by the National Forest Management Act of 1976: "16 USC
1604" Provided, That such areas need not be managed for the
purpose of protecting their suitability for wilderness designation
prior to or during the revision of the initial land management
plans; and
(4) in the event that revised land management plans in Johnson,
Carter, Sullivan, Unicoi, Washington, Greene, Monroe, Polk,
McMinn, and Cocke Counties, Tennessee, are implemented pursuant to
section 6 of the Forest and Rangelands Renewable Resources
Planning Act of 1974, as amended by the National Forest Management
Act of 1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974, as amended by the National Forest Management Act of
1976, and other applicable law.
(c) REVISION. -- As used in this section, and as provided in section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974,
as amended by the National Forest Management Act of 1976, the term
"revision" shall not include an "amendment" to a plan.
(d) CERTAIN AREAS LESS THAN 5,000 ACRES IN SIZE. -- The provisions
of this section shall also apply to National Forest System roadless
lands in Johnson, Carter, Sullivan, Unicoi, Washington, Greene, Monroe,
Polk, McMinn, and Cocke Counties, Tennessee, which are less than 5,000
acres in size.
SEC. 6. TERMINATION OF WILDERNESS STUDY.
The designations of the Little Frog Wilderness Study Area and the Big
Frog Study Area pursuant to section 6 of the Act of October 30, 1984 (98
Stat. 3090), are terminated, and the Secretary of Agriculture shall have
no further obligation to study such areas for wilderness.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 5166:
HOUSE REPORTS: No. 99-853, Pt. 1 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and
passed House. Oct.13, considered and passed Senate.
Public Law 99-489, 100 Stat. 1233
Whereas the National Institutes of Health over the past 100 years,
has grown from a one-room laboratory of hygiene within the Stapleton
Marine Hospital on Staten Island, New York, to become one of the largest
and most respected biomedical research centers in the world;
Whereas the National Institutes of Health, as an agency of the
Department of Health and Human Services, is the Nation's flagship in
mankind's continuing battle to conquer disease;
Whereas the National Institutes of Health continuously contributes to
the discovery of new knowledge that leads to longer lives and better
health for all people;
Whereas the National Institutes of Health provides national
leadership in a critical partnership of the Government, academic, and
private sectors;
Whereas the National Institutes of Health conducts research in its
own laboratories, supports the research of non-Federal scientists in
universities, medical schools, hospitals, and other public, private, and
voluntary research institutions throughout this country and abroad;
Whereas the National Institutes of Health fosters training and career
development of future research scientists, sponsors the enhancement of
research resources, and promotes improvements in biomedical
communications;
Whereas the National Institutes of Health facilitates the assembly of
United States and foreign biomedical scientists and promotes the
exchange of scientists and scientific information between the United
States and other countries;
Whereas the National Institutes of Health supported the work of 60
Nobel Prize winners before their selection as laureates;
Whereas the National Institutes of Health has contributed to the
great strides of the past 100 years in the control and virtual worldwide
elimination of epidemic diseases such as cholera, smallpox, yellow
fever, and bubonic plague, and the prevention in this country of
childhood diseases such as diphtheria, polio, tetanus, and pertussis;
Whereas the National Institutes of Health has stimulated biomedical
research that has played a role in the 70-percent reduction in the death
rate in the United States since 1900;
Whereas the National Institutes of Health has pioneered new methods
for the detection and treatment of diseases and has promoted their
widespread dissemination into medical practice;
Whereas grantees and scientists of the National Institutes of Health
work at the forefront of biomedical technologies that open up new
opportunities in medical research;
Whereas the next 100 years will undoubtedly see the National
Institutes of Health lead the world in ways of promoting health and
preventing disease;
Whereas the Congress of the United States has consistently supported
the National Institutes of Health to maintain America's preeminence in
medical research; and
Whereas the Congress of the United States looks to the National
Institutes of Health for progress in overcoming the diseases that
afflict the people of this country: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period of October 1,
1986, through September 30, 1987, is designated as "National Institutes
of Health Centennial Year", and the President of the United States is
authorized and requested to issue a proclamation calling upon the people
of the United States to observe such year with appropriate ceremonies
and activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 395:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and
passed Senate. Oct. 10, considered and passed House.
Public Law 99-488, 100 Stat. 1232
Whereas the antidemocratic Government of Hungary was installed and is
supported by the Government of the Soviet Union;
Whereas, on October 23, 1956, freedom fighters in Hungary attempted
to establish a coalition government and free the people of Hungary from
oppression by ending the political and economic domination of the people
of Hungary by the Government of the Soviet Union;
Whereas the continued oppression of the people of Hungary by the
Government of the Soviet Union is a violation of the principles set
forth in the Yalta Agreement of 1945, the Universal Declaration of Human
Rights, and the Helsinki Final Act of the Conference on Security and
Cooperation in Europe, of which the Government of the Soviet Union is a
signatory or under which such Government is otherwise obligated;
Whereas the Congress supports the efforts of the people of all
nations to assert the right of self-determination; and
Whereas October 23, 1986 is the thirtieth anniversary of the uprising
of the people of Hungary against the antidemocratic Government of
Hungary: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 23, 1986, is
designated "National Hungarian Freedom Fighters Day", and the President
of the United States 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.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S.J. REs. 385:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed Senate. Oct. 1, considered and passed House.
Public Law 99-487, 100 Stat. 1231
Whereas more than two and a half million Americans are affected by
Alzheimer's disease, which is a surprisingly common disorder that
destroys certain vital cells of the brain;
Whereas Alzheimer's disease is the fourth leading cause of death
among older Americans;
Whereas Alzheimer's disease is responsible for 50 per centum of all
nursing home admissions, at an annual cost of more than $25,000,000,000;
Whereas in one-third of all American families one parent will succumb
to this disease;
Whereas Alzheimer's disease is not a normal consequence of aging;
and
Whereas an increase in the national awareness of the problem of
Alzheimer's disease may stimulate the interest and concern of the
American people, which may lead, in turn, to increased research and
eventually to the discovery of a cure for Alzheimer's disease: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of November 1986
is designated as "National Alzheimer's Disease Month". The President is
requested to issue a proclamation calling upon the people of the United
States to observe such month with appropriate ceremonies and activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 280:
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and
passed Senate. Oct. 1, considered and passed House.
Public Law 99-486, 100 Stat. 1229
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (c) of
section 14 of the Fair Labor Standards Act of 1938 (29 U.S.C. 214) is
amended to read as follows:
"(c)(1) The Secretary, to the extent necessary to prevent curtailment
of opportunities for employment, shall by regulation or order provide
for the employment, under special certificates, of individuals
(including individuals employed in agriculture) whose earning or
productive capacity is impaired by age, physical or mental deficiency,
or injury, at wages which are --
"(A) lower than the minimum wage applicable under section 6,
"(B) commensurate with those paid to nonhandicapped workers,
employed in the vicinity in which the individuals under the
certificates are employed, for essentially the same type, quality,
and quantity of work, and
"(C) related to the individual's productivity.
"(2) The Secretary shall not issue a certificate under paragraph (1)
unless the employer provides written assurances to the Secretary that --
"(A) in the case of individuals paid on an hourly rate basis,
wages paid in accordance with paragraph (1) will be reviewed by
the employer at periodic intervals at least once every six months,
and
"(B) wages paid in accordance with paragraph (1) will be
adjusted by the employer at periodic intervals, at least once each
year, to reflect changes in the prevailing wage paid to
experienced nonhandicapped individuals employed in the locality
for essentially the same type of work.
"(3) Notwithstanding paragraph (1), no employer shall be permitted to
reduce the hourly wage rate prescribed by certificate under this
subsection in effect on June 1, 1986, of any handicapped individual for
a period of two years from such date without prior authorization of the
Secretary.
"(4) Nothing in this subsection shall be construed to prohibit an
employer from maintaining or establishing work activities centers to
provide therapeutic activities for handicapped clients.
"(5)(A) Notwithstanding any other provision of this subsection, an
employee receiving a special minimum wage at a rate specified pursuant
to this subsection or the parent or guardian of such an employee may
petition the Secretary to obtain a review of such special minimum wage
rate. An employee or the employee's parent or guardian may file such a
petition for and in behalf of the employee or in behalf of the employee
and other employees similarly situated. No employee may be a party to
any such action unless the employee or the employee's parent or guardian
gives consent in writing to become such a party and such consent is
filed with the Secretary.
"(B) Upon receipt of a petition filed in accordance with subparagraph
(A), the Secretary within ten days shall assign the petition to an
administrative law judge appointed pursuant to section 3105 of title 5,
United States Code. The administrative law judge shall conduct a
hearing on the record in accordance with section 554 of title 5, United
States Code, with respect to such petition within thirty days after
assignment.
"(C) In any such proceeding, the employer shall have the burden of
demonstrating that the special minimum wage rate is justified as
necessary in order to prevent curtailment of opportunities for
employment.
"(D) In determining whether any special minimum wage rate is
justified pursuant to subparagraph (C), the administrative law judge
shall consider --
"(i) the productivity of the employee or employees identified
in the petition and the conditions under which such productivity
was measured; and
"(ii) the productivity of other employees performing work of
essentially the same type and quality for other employers in the
same vicinity.
"(E) The administrative law judge shall issue a decision within
thirty days after the hearing provided for in subparagraph (B). Such
action shall be deemed to be a final agency action unless within thirty
days the Secretary grants a request to review the decision of the
administrative law judge. Either the petitioner or the employer may
request review by the Secretary within fifteen days of the date of
issuance of the decision by the administrative law judge.
"(F) The Secretary, within thirty days after receiving a request for
review, shall review the record and either adopt the decision of the
administrative law judge or issue exceptions. The decision of the
administrative law judge, together with any exceptions, shall be deemed
to be a final agency action.
"(G) A final agency action shall be subject to judicial review
pursuant to chapter 7 of title 5, United States Code. "5 USC 701 et
seq" An action seeking such review shall be brought within thirty days
of a final agency action described in subparagraph (F).
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S. 2884 (H.R. 5614):
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 26, considered and
passed Senate. Oct. 1, H.R. 5614 considered and passed House;
proceedings vacated and S. 2884 passed in lieu.
Public Law 99-485, 100 Stat. 1228
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DESIGNATION OF BUILDING.
The Federal building located at 325 F Street in San Diego, in the
State of California, commonly known as the Old Federal Courthouse, shall
hereafter be known and designated as the "Jacob Weinberger Federal
Building".
SEC. 2. LEGAL REFERENCES TO BUILDING.
Any reference in any law, regulation, document, record, map, or other
paper of the United States to the Federal Building referred to in
section 1 is hereby deemed to be a reference to the "Jacob Weinberger
Federal Building".
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S. 2788 (H.R. 5397):
HOUSE REPORTS: No. 99-886 accompanying H.R. 5397 (Comm. on Public
Works and Transportation).
SENATE REPORTS: No. 99-472 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and
passed Senate. Oct. 6, H.R. 5397 considered and passed House;
proceedings vacated and S. 2788 passed in lieu.
Public Law 99-484, 100 Stat. 1227
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Building and United States Courthouse to be constructed and located at
Walnut and Orchard Streets in Newark, New Jersey, shall be known and
designated as the "Martin Luther King, Jr. Federal Building and United
States Courthouse". Any reference in any law, regulation, document,
record, map, or other paper of the United States to such building and
courthouse is deemed to be a reference to the "Martin Luther King, Jr.
Federal Building and United States Courthouse".
Approved October 16, 1986.
LEGISLATIVE HISTORY -- S. 2062 (H.R. 4156):
HOUSE REPORTS: No. 99-877 accompanying H.R. 4156 (Comm. on Public
Works and Transportation).
SENATE REPORTS: No. 99-471 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and
passed Senate. Oct. 6, H.R. 4156 considered and passed House;
proceedings vacated and S. 2062 passed in lieu.
Public Law 99-483, 100 Stat. 1226
Whereas there are 3,900,000 children and adults with developmental
disabilities in the United States;
Whereas such persons have severe chronic disabilities attributed to
mental or physical impairment which begin early in life and result in
substantial limitations in major life activities such as self care,
mobility, language, learning, and self direction;
Whereas persons with developmental disabilities need
interdisciplinary or generic service and treatment for extended periods
of their lives;
Whereas persons with developmental disabilities have the capability
to become more independent and economically self sufficient;
Whereas the services and expertise provided by professional
personnel, parents, and concerned citizens enable persons with
developmental disabilities to participate more freely in education,
employment and community living;
Whereas increasingly more persons with developmental disabilities are
living in the community enabling them to live less restricted lives;
and
Whereas through increased national awareness of such programs, the
public will better understand the potential and needs of persons with
developmental disabilities: Now, therefore, be it:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That March 1987 is designated
as the "Developmental Disabilities Awareness Month", and the President
is authorized and requested to issue a proclamation calling upon the
people of the United States and all Federal, State, and local government
officials to observe the month with appropriate programs and activities.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 741:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed
House. Oct. 3, considered and passed Senate.
Public Law 99-482, 100 Stat. 1225
Whereas the people of the United States are the heirs and
beneficiaries of the courageous men and women who have struggled to
achieve legal and social equality in the United States for men and women
of every race, religion, and country;
Whereas such men and women include Martin Luther King Jr., Susan B.
Anthony, and Mary McLeod Bethune;
Whereas the people of the United States should not forget that
constant vigilance is necessary to ensure that civil rights are
protected;
Whereas the people of the United States should not forget that much
yet remains to be accomplished with respect to securing civil rights for
all the people of the United States;
Whereas, in August 1963, Martin Luther King Jr. led a march in
Washington, D.C., to demonstrate the need for legislation to protect the
civil rights of the people of the United States;
Whereas August 12, 1987, is an appropriate date on which to
commemorate the progress made in securing civil rights and the need for
continued progress;
Whereas, at noon on such date, it would be appropriate for the people
of the United States to pause for a moment of silence to pay tribute to
the men and women who have struggled to secure civil rights for all the
people of the United States;
Whereas, during the moment of silence, it would be appropriate for
all church bells to ring 11 times as a reminder that the hour is late
with respect to continuing progress in securing civil rights for all the
people of the United States; and
Whereas the National Civil Rights Museum and Hall of Fame will be
constructed in Gary, Indiana, to pay continued tribute to the fallen
national heroes of civil rights and the cause which they embraced: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That August 12, 1987, is
designated "National Civil Rights Day", and the President of the United
States 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.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 686:
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 8, considered and passed
House. Sept. 12, considered and passed Senate, amended. Oct. 1, House
concurred in Senate amendments.
Public Law 99-481, 100 Stat. 1224
Whereas cocaine is a drug that medical authorities consider to be
very dangerous;
Whereas the amount of cocaine entering the United States from other
countries has increased substantially in recent years;
Whereas, in the past, the most common method of taking cocaine into
the body was by inhaling the drug through the nose;
Whereas cocaine may be smoked if the drug is subjected to certain
procedures designed to harden the drug;
Whereas the form of cocaine that may be smoked is commonly known as
crack;
Whereas crack can be developed easily from the standard form of
cocaine, and law enforcement authorities are encountering difficulties
in stopping the production of crack;
Whereas crack is extremely addictive, and a single incident of
smoking crack may result in addiction;
Whereas crack may cause death or injury as a result of heart attacks,
seizures, strokes, or damage to the lungs;
Whereas the use of crack is increasing rapidly;
Whereas the use of cocaine has become widespread among all
socioeconomic groups, including young athletes;
Whereas the awareness of the people of the United States with respect
to the dangers of the use of cocaine, and with respect to available
treatments for addiction to cocaine, should be increased; and
Whereas parents, drug prevention agencies at all levels of
government, civic organizations, and other individuals and groups should
work to increase such awareness: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 1986 is designated
"Crack/Cocaine Awareness Month", and the President of the United States
is authorized and requested to issue a proclamation calling upon the
people of the United States to observe such month with appropriate
ceromonies and activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 678:
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 13, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-480, 100 Stat. 1223
Whereas the education of our Nation's youth is the foundation of
America's strength in the future;
Whereas teachers are entrusted not only with imparting knowledge, but
also with instilling our youth with basic human values during the most
formative and impressionable years of their lives;
Whereas teachers play an integral role in the development of civil
responsibility among our Nation's youth;
Whereas teachers deserve the respect of their students and the entire
community for their selfless dedication, wisdom, sacrifice, community
service, and many other intangible contributions to society;
Whereas teachers deserve credit for the continuing education and
training of many citizens through a variety of traditional and
nontraditional educational programs;
Whereas the dedication of teachers should be celebrated often to
heighten public awareness and help maintain respect and discipline in
our classrooms; and
Whereas Sharon Christa McAuliffe made a unique contribution to the
teaching profession, and January 28, 1987, is an appropriate day on
which, and the school year of 1986-1987 is an appropriate period during
which, to commemorate Sharon Christa McAuliffe and all other teachers:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the school year of
September 1986 through May 1987 is designated "National Year of the
Teacher", and January 28, 1987, is designated "National Teacher
Appreciation Day". The President of the United States is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe such year and day with appropriate ceremonies and
activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 635:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed
House. Oct. 3, considered and passed Senate.
Public Law 99-479, 100 Stat. 1222
Whereas more than 1000 adult day care centers are in operation
nationwide, providing safe and positive environments to functionally
disabled adults and senior citizens who are in need of daytime
assistance or supervision;
Whereas adult day care centers have comprehensive programs providing
a variety of services related to health, including medical therapy,
medication monitoring, counseling, and health education;
Whereas adult day care centers are operated by professional staffs
which identify individual health needs and give appropriate advice;
Whereas adult day care centers assist functionally disabled adults
and senior citizens in maintaining a maximum level of independence;
Whereas adult day care centers provide opportunities for social
interaction to individuals who otherwise may be socially isolated; and
Whereas adult day care centers offer relief to families who otherwise
must provide constant care to functionally disabled adults and senior
citizens, including victims of Alzheimer's disease and other forms of
dementia: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
September 21, 1986, is designated "National Adult Day Care Center Week".
The President is requested to issue a proclamation calling on the
people of the United States to observe such week with appropriate
ceremonies and activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 617:
CONGRESSIONAL RECORD, Vol. 132 (1986: Sept. 18, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-478, 100 Stat. 1221
Whereas on January 28, 1986, the seven crew members of the space
shuttle Challenger, Commander Francis R. Scobee, Pilot Michael J.
Smith, Mission Specialist Ellison S. Onizuka, Mission Specialist Ronald
E. McNair, Mission Specialist Judith Resnik, Payload Specialist Gregory
B. Jarvis, Teacher-Observer S. Christa McAuliffe, were killed in a
tragic explosion shortly after liftoff;
Whereas each of the crew members of the Challenger was a true
American hero who represented the best and the brightest that our Nation
has to offer;
Whereas the crew of the Challenger gave their lives while striving
for an excellence of technology, of goal, and of personal achievement
which fills all Americans with a sense of pride in their fellow human
beings and countrymen;
Whereas the most appropriate tribute we could pay the crew of the
Challenger is a national day when Americans would dedicate themselves in
all their endeavors to the pursuit of excellence which makes our country
great;
Whereas the American spirit is most responsive to a living tribute in
which all citizens can participate and be enriched by such
participation; and
Whereas this is a day for which our national character cries out:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That January 28,987, is
designated as a "National Day of Excellence". The President is
authorized and requested to issue a proclamation calling on the people
of the United States to observe such a day --
(1) by resolving that in the course of their regular activities
they will pursue the spirit of excellence represented by the crew
of the space shuttle Challenger; and
(2) with appropriate ceremonies and activities.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 588:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-477, 100 Stat. 1219
Whereas the number of Americans who are sixty-five or older is
growing, with an unprecedented increase in the number of persons
eighty-five or older;
Whereas the incidences of frailty and disability increase among
persons of advanced age;
Whereas approximately 5.2 million older persons who reside in the
community have disabilities that leave them in need of help with such
daily tasks as food preparation, dressing, and bathing;
Whereas families provide older persons help with such tasks, in
addition to between 80 and 90 percent of the medical care, household
maintenance, transportation, and shopping needed by older persons;
Whereas families who give care to older persons face many additional
expenses due to home modifications, equipment rental, and higher heating
bills;
Whereas 80 percent of the disabled elderly receive care from family
members, most of whom are wives, daughters, and daughters-in-law, who
often must sacrifice employment opportunities to provide such care;
Whereas the role of the aged spouse as a principal caregiver has
generally been understated;
Whereas family caregivers are often physically and emotionally
exhausted from the time and stress involved in caregiving activities;
Whereas family caregivers need information about available community
resources;
Whereas family caregivers need respite from the strains of their
caregiving roles;
Whereas the contribution of family caregivers helps maintain strong
family ties and assures support among generations; and
Whereas there is a need for greater public awareness of and support
for the care that family caregivers are providing: 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
November 24, 1986, is designated "National Family Caregivers Week". 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.
Apprved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 555 (S.J. Res. 348):
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed
House. Oct. 3, considered and passed Senate.
Public Law 99-476, 100 Stat. 1218
Whereas Federal funding for emergency medical services systems has
decreased, and some States have provided less support for such
lifesaving systems;
Whereas private efforts are the primary means of improving the
delivery of emergency medical services, and improvements are needed to
meet the needs of increasing numbers of the critically ill and injured;
Whereas the designation of a national study center for trauma and
emergency medical systems would focus attention of those areas needing
improvement in the delivery of systematic emergency care;
Whereas a national study center for trauma and emergency medical
systems is needed to serve as a resource center for information and
data, and provide technical assistance concerning emergency medical
systems; and
Whereas the Maryland Institute for Emergency Medical Services Systems
at the University of Maryland has been a national leader in the
development of systems of care for the critically ill and injured: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Study Center for
Trauma and Emergency Medical Systems at the Maryland Institute for
Emergency Medical Services Systems at the University of Maryland shall
be known and designated as the "Charles McC. Mathias, Jr., National
Study Center for Trauma and Emergency Medical Systems". Any reference
in a law, map, regulation, document, record, or other paper of the
United States to such Study Center for Trauma and Emergency Medical
Systems shall be held to be a reference to the "Charles McC. Mathias,
Jr., National Study Center for Trauma and Emergency Medical Systems".
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 210:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-475, 100 Stat. 1217
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RELEASE OF CERTAIN OBJECTS OWNED BY USIA.
Notwithstanding section 208 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a), and the second
sentence of section 501 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States
Information Agency may release to any museum located in the United
States the objects described in section 2 if that museum pays all costs
associated with the transfer of such objects to that museum (as
determined by the Director).
SEC. 2. OBJECTS SUBJECT TO RELEASE.
The objects referred to in section 1 are those objects displayed at
the United States Pavilion at the 86 Expo in Vancouver, British
Columbia, Canada, which are owned by the United States Information
Agency but (as determined by the Director of the United States
Information Agency) not committed by it for other purposes.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 5522:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and
passed House. Oct. 1, considered and passed Senate.
Public Law 99-474, 100 Stat. 1213
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 "Computer Fraud and Abuse Act "18 USC
1001 note" of 1986".
SEC. 2. SECTION 1030 AMENDMENTS.
(a) MODIFICATION OF DEFINITION OF FINANCIAL INSTITUTION. -- Section
1030(a)(2) of title 18, United States Code, is amended --
(1) by striking out "knowingly" and inserting "intentionally"
in lieu thereof;
(2) by striking out "as such terms are defined in the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.),";
(3) by striking out the term "or" where it appears at the end
of section 1030(a)(2) of title 18; and
(4) by adding after the term "financial institution" the
following: "or of a card issuer as defined in section 1602(n) of
title 15,".
(b) MODIFICATION OF EXISTING GOVERNMENT COMPUTERS OFFENSE. -- Section
1030(a)(3) of title 18, United States Code, is amended --
(1) to read as follows:
"(3) intentionally, without authorization to access any
computer of a department or agency of the United States, accesses
such a computer of that department or agency that is exclusively
for the use of the Government of the United States or, in the case
of a computer not exclusively for such use, is used by or for the
Government of the United States and such conduct affects the use
of the Government's operation of such computer;"; and
(2) by striking out the flush language after section 1030(a)(
3) of title 18, United States Code, beginning with "It is not an
offense" and all that follows through "use of the computer.".
(c) MODIFICATION OF AUTHORIZED ACCESS ASPECT OF OFFENSES. --
Paragraphs (1) and (2) of section 1030(a) of title 18, United States
Code, are each amended by striking out ", or having accessed" and all
that follows through "does not extend" and inserting "or exceeds
authorized access" in lieu thereof.
(d) NEW OFFENSES. -- Section 1030(a) of title 18, United States
Code, is amended by inserting after paragraph (3) the following:
"(4) knowingly and with intent to defraud, accesses a Federal
interest computer without authorization, or exceeds authorized
access, and by means of such conduct furthers the intended fraud
and obtains anything of value, unless the object of the fraud and
the thing obtained consists only of the use of the computer;
"(5) intentionally accesses a Federal interest computer without
authorization, and by means of one or more instances of such
conduct alters, damages, or destroys information in any such
Federal interest computer, or prevents authorized use of any such
computer or information, and thereby --
"(A) causes loss to one or more others of a value aggregating
$1,000 or more during any one year period; or
"(B) modifies or impairs, or potentially modifies or impairs,
the medical examination, medical diagnosis, medical treatment, or
medical care of one or more individuals; or
"(6) knowingly and with intent to defraud traffics (as defined
in section 1029) "18 USC 1029" in any password or similar
information through which a computer may be accessed without
authorization, if --
"(A) such trafficking affects interstate or foreign commerce;
or
"(B) such computer is used by or for the Government of the
United States;".
(e) ELIMINATION OF SECTION SPECIFIC CONSPIRACY OFFENSE. -- Section
1030(b) of title 18, United States Code, is amended --
(1) by striking out "(1)"; and
(2) by striking out paragraph (2).
(f) PENALTY AMENDMENTS. -- Section 1030 of title 18, United States
Code, is amended --
(1) by striking out "of not more than the greater of $10,000"
and all that follows through "obtained by the offense" in
subsection (c)(1)(A) and inserting "under this title" in lieu
thereof;
(2) by striking out "of not more than the greater of $100,000"
and all that follows through "obtained by the offense" in
subsection (c)(1)(B) and inserting "under this title" in lieu
thereof;
(3) by striking out "or (a)(3)" each place it appears in
subsection (c)(2) and inserting ", (a)(3) or (a)(6)" in lieu
thereof;
(4) by striking out "of not more than the greater of $5,000"
and all that follows through "created by the offense" in
subsection (c)(2)(A) and inserting "under this title" in lieu
thereof;
(5) by striking out "of not more than the greater of $10,000"
and all that follows through "created by the offense" in
subsection (c)(2)(B) and inserting "under this title" in lieu
thereof;
(6) by striking out "not than" in subsection (c)(2)(B) and
inserting "not more than" in lieu thereof;
(7) by striking out the period at the end of subsection (c)(
2)(B) and inserting "; and" in lieu thereof; and
(8) by adding at the end of subsection (c) the following:
(3)(A) a fine under this title or imprisonment for not more
than five years, or both, in the case of an offense under
subsection (a)(4) or (a)(5) of this section which does not occur
after a conviction for another offense under such subsection, or
an attempt to commit an offense punishable under this
subparagraph; and
"(B) a fine under this title or imprisonment for not more than
ten years, or both, in the case of an offense under subsection
(a)(4) or (a)(5) of this section which occurs after a conviction
for another offense under such subsection, or an attempt to commit
an offense punishable under this subparagraph."; and
(9) by deleting the term "(b)(1)" where it appears in the first
line of section 1030(c) of title 18 and inserting in lieu thereof
the term "(b)".
(g) CONFORMING AMENDMENTS TO DEFINITIONS PROVISION. -- Section
1030(e) of title 18, United States Code, is amended --
(1) by striking out the comma after "As used in this section"
and inserting a one-em dash in lieu thereof;
(2) by aligning the remaining portion of the subsection so that
it is cut in two ems and begins as an indented paragraph, and
inserting "(1)" before "the term";
(3) by striking out the period at the end and inserting a
semicolon in lieu thereof; and
(4) by adding at the end thereof the following:
"(2) the term 'Federal interest computer' means a computer --
"(A) exclusively for the use of a financial institution or the
United States Government, or, in the case of a computer not
exclusively for such use, used by or for a financial institution
or the United States Government and the conduct constituting the
offense affects the use of the financial institution's operation
or the Government's operation of such computer; or
"(B) which is one of two or more computers used in committing
the offense, not all of which are located in the same State;
"(3) the term 'State' includes the District of Columbia, the
Commonwealth of Puerto Rico, and any other possession or territory
of the United States;
"(4) the term 'financial institution' means --
"(A) a bank with deposits insured by the Federal Deposit
Insurance Corporation;
"(B) the Federal Reserve or a member of the Federal Reserve
including any Federal Reserve Bank;
"(C) an institution with accounts insured by the Federal
Savings and Loan Insurance Corporation;
"(D) a credit union with accounts insured by the National
Credit Union Administration;
"(E) a member of the Federal home loan bank bank system and any
home loan bank;
"(F) any institution of the Farm Credit System under the Farm
Credit Act of 1971; "12 USC 2001 note"
"(G) a broker-dealer registered with the Securities and
Exchange Commission pursuant to section 15 of the Securities
Exchange Act of 1934; "15 USC 78o" and
"(H) the Securities Investor Protection Corporation;
"(5) the term 'financial record' means information derived from
any record held by a financial institution pertaining to a
customer's relationship with the financial institution;
"(6) the term 'exceeds authorized access' means to access a
computer with authorization and to use such access to obtain or
alter information in the computer that the accesser is not
entitled so to obtain or alter; and
"(7) the term 'department of the United States' means the
legislative or judicial branch of the Government or one of the
executive departments enumberated in section 101 of title 5.".
(h) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITY EXCEPTION. -- Section
1030 of title 18, United States Code, is amended by adding at the end
the following new subsection:
"(f) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement
agency of the United States, a State, or a political subdivision of a
State, or of an intelligence agency of the United States.".
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 4718 (S. 2281):
HOUSE REPORTS: No. 99-612 (Comm. on the Judiciary).
SENATE REPORTS: No. 99-432 accompanying S. 2281 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): June 3, considered and passed
House. Oct. 1, S. 2281 considered and passed Senate. Oct. 3, H.R. 4718
considered and passed Senate, amended. Oct. 6, House concurred in
Senate amendments.
Public Law 99-473, 100 Stat. 1212
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8(a) of the
American Folklife Preservation Act (20 U.S.C. 2107(a)) is amended --
(1) by striking out "(a)";
(2) by striking out "and" after "1985,"; and
(3) by inserting after "1986" the following: ", $867,900 for
the fiscal year ending September 30, 1987, $919,974 for the fiscal
year ending September 30, 1988, and $975,172 for the fiscal year
ending September 30, 1989".
SEC. 2. Section 8(b) of the American Folklife Preservation Act (20
U.S.C. 2107(b)) is repealed.
Approved October 16, 1986.
LEGISLATIVE HISTORY -- H.R. 4545:
HOUSE REPORTS: No. 99-800 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and
passed House. Oct. 3, considered and passed Senate.
Public Law 99-472, 100 Stat. 1200
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act "12 USC 635 note" may be cited as the "Export-Import Bank
Act Amendments of 1986".
SEC. 2. FEES.
Section 2(a)(1) of the Export-Import Bank Act of 1945 "12 USC 635" is
amended by inserting after the fifth sentence thereof the following:
"The Bank may impose and collect reasonable fees to cover the costs of
conferences and seminars sponsored by, and publications provided by, the
Bank. Amounts received under the preceding sentence shall be credited
to the fund which initially paid for such activities.".
SEC. 3. CREDIT APPLICATION FEES.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended by inserting after the third sentence the
following: "The Bank may not impose a credit application fee unless (i)
the fee is competitive with the average fee charged by the Bank's
primary foreign competitors, and (ii) the borrower or the exporter is
given the option of paying the fee at the outset of the loan or over the
life of the loan and the present value of the fee determined under
either such option is the same amount.".
SEC. 4. ENHANCEMENT OF MEDIUM-TERM PROGRAM.
Section 2(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(
a)) is amended by adding at the end thereof the following new paragraph:
"(3) ENHANCEMENT OF MEDIUM-TERM PROGRAM. --
"(A) In general. -- To enhance the medium-term financing
program established pursuant to paragraph (2), the Bank shall
establish measures to --
"(i) improve the competitiveness of the Bank's medium-term
financing and ensure that its medium-term financing is fully
competitive with that of other major official export credit
agencies;
"(ii) ease the administrative burdens and procedural and
documentary requirements imposed on the users of medium-term
financing;
"(iii) attract the widest possible participation of private
financial institutions and other sources of private capital in the
medium-term financing of United States exports; and
"(iv) render the Bank's medium-term financing as supportive of
United States exports as is its Direct Loan Program.
"(B) REPORT REQUIRED. -- Not later than April 15, 1988, the
Bank shall transmit a report to the Congress analyzing the
measures adopted to enhance medium-term financing.".
SEC. 5. COMPETITIVENESS MANDATE.
The second sentence of section 2(b)(1)(B) of the Export-Import Bank
Act of 1945 is amended by striking out "equivalent" and inserting in
lieu thereof "identical in all respects".
SEC. 6. MULTIPLE-EXPORTER RISK PROTECTION.
Section 2(b)(1)(E) of the Export-Import Bank Act of 1945 "12 USC 635"
is amended by adding at the end thereof the following new clause:
"(ix) The Bank shall provide, through creditworthy trade
associations, export trading companies, State export finance companies,
export finance cooperatives, and other multiple-exporter organizations,
medium-term risk protection coverage for the members and clients of such
organizations. Such coverage shall be made available to each such
organization under a sigle risk protection policy covering its members
or clients. Nothing in this provision shall be interpreted as limiting
the Bank's authority to deny support for specific transactions or to
disapprove a request by such an organization to participate in such
coverage.".
SEC. 7. PROGRAM ACCESS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 is amended by
adding at the end thereof the following new subparagraph:
"(G) Participation in or access to long-, medium-, and short-term
financing, guarantees, and insurance provided by the Bank shall not be
denied solely because the entity seeking participation or access is not
a bank or is not a United States person.".
SEC. 8. PROHIBITION ON AID TO MARXIST-LENINIST COUNTRIES.
Section 2(b)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(2)) is amended to read as follows:
"(2) PROHIBITION ON AID TO MARXIST-LENINIST COUNTRIES. --
"(A) IN GENERAL. -- The Bank in the exercise of its functions
shall not guarantee, insure, extend credit, or participate in the
extension of credit --
"(i) in connection with the purchase or lease of any product by
a Marxist-Leninist country, or agency or national thereof; or
"(ii) in connection with the purchase or lease of any product
by any other foreign country, or agency or national thereof, if
the product to be purchased or leased by such other country,
agency, or national is, to the knowledge of the Bank, principally
for use in, or sale or lease to, a Marxist-Leninist country.
"(B) MARXIST-LENINIST COUNTRY DEFINED. --
"(i) IN GENERAL. -- For the purposes of this paragraph, the
term 'Marxist-Leninist country' means any country which --
"(I) maintains a centrally planned economy based on the
principles of Marxist-Leninism, or
"(II) is economically and militarily dependent on the Union of
Soviet Socialist Republics or on any other Marxist-Leninist
country.
"(ii) SPECIFIC COUNTRIES DEEMED TO BE MARXIST-LENINIST. --
Unless otherwise determined by the President in the manner
provided in subparagraph (C), the following countries are deemed
to be Marxist-Leninist countries for purposes of this paragraph:
"Cambodian People's Republic.
"Cooperative Republic of Guyana.
"Czechoslovak Socialist Republic.
"Democratic People's Republic of Korea.
"Democratic Republic of Afghanistan
"Estonia.
"German Democratic Republic.
"Hungarian People's Republic.
"Lao People's Democratic Republic.
"Latvia.
"Lithuania.
"Mongolian People's Republic.
"People's Democratic Republic of Yemen.
"people's Republic of Albania.
"People's Republic of Angola.
"People's Republic of Benin.
"People's Republic of Bulgaria.
"People's Republic of China.
"People's Republic of the Congo.
"People's Republic of Mozambique.
"Polish People's Republic.
"Republic of Cuba.
"Republic of Nicaragua.
"Socialist Ethiopia.
"Socialist Federal Republic of Yugoslavia.
"Socialist Republic of Romania.
"Socialist Republic of Vietnam.
"Surinam.
"Tibet.
"Union of Soviet Socialist Republics (including its captive
constituent republics).
"(C) PRESIDENTIAL DETERMINATION THAT A COUNTRY HAS CEASED TO BE
MARXIST-LENINIST. -- If the President determines that any country
on the list contined in subparagraph (B)(ii) has ceased to be a
Marxist-Leninist country (within the definition of such term in
subparagraph (B)(i)), such country shall not be treated as a
Marxist-Leninist country for purposes of this paragraph after the
date of such determination, unless the President subsequently
determines that such country has again become a Marxist-Leninist
country.".
"(D) PRESIDENTIAL DETERMINATION RELATING TO FINANCING IN THE
NATIONAL INTEREST. --
"(i) IN GENERAL. -- Subparagraph (A) shall not apply to
guarantees, insurance, or extensions of credit by the Bank to a
country, agency, or national described in clause (i) or (ii) of
subparagraph (A) (in connection with transactions described in
such clauses) if the President determines that such guarantees,
insurance, or extensions of credit are in the national interest.
"(ii) SEPARATE DETERMINATION FOR CERTAIN TRANSACTIONS. -- The
President shall make a separate determination under clause (i) for
each transaction described in clause (i) or (ii) of subparagraph
(A) for which the Bank would extend a loan in an amount equal to
or greater than $50,000,000.
"(iii) REPORT OF CLAUSE (i) DETERMINATIONS TO CONGRESS. -- Any
determination by the President under clause (i) shall be reported
to the Congress not later than the earlier of --
"(I) the end of the 30-day period beginning on the date of such
determination; or
"(II) the date the Bank takes final action with respect to the
first transaction involving the country, agency, or national for
which such determination is made after the date of the enactment
of the Export-Import Bank Amendments of 1974, "12 USC 635 note"
unless a report of a determination with respect to such country,
agency, or national was made and reported before such date of
enactment.
"(iv) REPORT OF CLAUSE (ii) DETERMINATIONS TO CONGRESS. -- Any
determination by the President under clause (ii) shall be reported
to the Congress not later than the earlier of --
"(I) the end of the 30-day period beginning on the date of such
determination; or
"(II) the date the Bank takes final action with respect to the
transaction for which such determination is made.".
SEC. 9. PROHIBITION ON AID TO ANGOLA.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(
b)) is amended by adding at the end thereof the following new paragraph:
"(11) PROHIBITION RELATING TO ANGOLA. -- Notwithstanding any
determination by the President under paragraph (2), the Bank may not
guarantee, insure, or extend credit (or participate in the extension of
credit) in connection with any export of goods or services, except food
or agricultural commodities, to the People's Republic of Angola until
the President certifies to the Congress that no combatant forces or
military advisors of the Republic of Cuba or of any other
Marxist-Leninist country (as such term is defined in paragraph (2)(B))
remain in Angola.".
SEC. 10. TRANSFERABILITY OF GUARANTEES.
Section 2(c) of the Export-Import Bank Act of 1945 is amended by
adding at the end thereof the following new paragraph:
"(3) TRANSFERABILITY OF GUARANTEES. -- With respect to medium-term
and long-term obligations insured or guaranteed by the Bank after the
date of the enactment of the Export-Import Bank Act Amendments of 1986,
the Bank shall authorize the unrestricted transfer of such obligations
by the originating lenders or their transferees to other lenders without
affecting, limiting, or terminating the guarantee or insurance provided
by the Bank.".
SEC. 11. PROHIBITION AGAINST CERTAIN TRANSACTIONS.
Section 2 of the Export-Import Bank Act of 1945 is amended by adding
at the end thereof the following:
"(e) LIMITATION ON ASSISTANCE WHICH ADVERSELY AFFECT THE UNITED
STATES. --
"(1) IN GENERAL. -- The Bank may not extend any direct credit
or financial guarantee for establishing or expanding production of
any commodity for export by any country other than the United
States, if --
"(A) the Bank determines that --
"(i) the commodity is likely to be in surplus on world markets
at the time the resulting productive capacity is expected to
become operative; or
"(ii) the resulting production capacity is expected to compete
with United States production of the same, similar, or competing
commodity; and
"(B) the Bank determines that the extension of such credit or
guarantee will cause substantial injury to United States producers
of the same, similar, or competing commodity.
"(2) EXCEPTION. -- Paragraph (1) shall not apply in any case
where, in the judgment of the Board of Directors of the Bank, the
short- and long-term benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity.".
SEC. 12. IMPACT ANALYSIS.
Section 1911 of the Export-Import Bank Act Amendments of 1978 "12 USC
635a-2" is amended by adding at the end thereof the following: "In all
cases to which this section applies, the Bank shall consider and address
in writing the views of parties or persons who may be substantially
adversely affected by the loan or guarantee prior to taking final action
on the loan or guarantee. This requirement does not subject the Bank to
the provisions of subchapter II of chapter 5 of title 5, "5 USC 5311"
United States Code.".
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 7(a) of the Export-Import Bank Act of 1945 "12 USC 635e" is
amended by adding at the end thereof the following new paragraph:
"(3) AUTHORIZATION OF APPROPRIATION. -- There are authorized to be
appropriated $145,259,000 for fiscal year 1987 to cover the subsidy cost
of new direct loans obligated by the Bank in that fiscal year. Any
amounts appropriated under this paragraph shall be permanent additions
to the capital and reserves of the Bank.".
SEC. 14. EXTENSION OF CHARTER.
Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is
amended by striking out "September 30, 1986" and inserting in lieu
thereof "September 30, 1992".
SEC. 15. MATCHING FOREIGN OFFICIAL EXPORT CREDITS IN THE UNITED
STATES.
(a) IN GENERAL. -- Section 1912(b) of the Export-Import Bank Act
Amendments of 1978 (12 U.S.C. 635a-3(b)) is amended to read as follows:
"(b) The Secretary of the Treasury shall issue such authorization to
the Bank to provide guarantees, insurance, and credits to competing
United States sellers, unless the Secretary determines that --
"(1) the availability of foreign official noncompetitive
financing is not likely to be a significant factor in the sale;
or
"(2) the foreign noncompetitive financing has been withdrawn.".
(b) TECHNICAL AND CONFORMING AMENDMENTS. -- Section 1912(a)(1) of
the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-3(a)(1))
is amended by inserting "irrespective of whether these credits are being
offered by governments which are signatories to such standstills,
minutes, or practices," after "major export countries have agreed,".
SEC. 16. REPORT ON ROLE OF PRIVATE INSURANCE.
Not later than October 1, 1987, the Export-Import Bank of the United
States and the Office of Management and Budget shall jointly prepare and
transmit to the Congress, and the General Accounting Office shall
prepare and transmit to the Congress, reports analyzing --
(1) the need for United States Government involvement in export
credit insurance, considering the current activities of private
insurance companies in this area, private insurance industry
trends over the longer term, and ways in which private insurance
companies can be encouraged by the Bank to maximize export credit
insurance activities;
(2) the need to employ an agent in administering
government-supported insurance programs which are determined to be
necessary; and
(3) the efficiency and effectiveness of continuing to utilize
the Foreign Credit Insurance Association as the Bank's agent
(including an analysis of the administrative and economic cost to
the government and the Bank of maintaining the Foreign Credit
Insurance Association).
SEC. 17. CONFORMING AMENDMENT RELATING TO CREDIT AUTHORITY.
The second sentence of section 7(a) of the Export-Import Bank Act of
1945 is amended by inserting "and credit" immediately after the words
"All spending".
SEC. 18. DIRECTORS' TERMS.
Section 3(c)(8) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(c)(8)) is amended by adding at the end thereof the following new
subparagraph:
"(E) Any director whose term has expired may continue to serve on the
Board of Directors until the earlier of --
"(i) the date on which such director's successor is qualified;
or
"(ii) the end of the 6-month period beginning on the date such
director's term expires.".
SEC. 19. "12 USC 635i-3" TIED AID CREDIT WAR CHEST.
The Export-Import Bank Act of 1945 "12 USC 635 note" is amended by
adding at the end thereof the following new section;
"SEC. 15. TIED AID CREDIT PROGRAM AND FUND.
"(a) FINDINGS. -- The Congress finds that --
"(1) tied aid and partially untied aid credits offered by other
countries are a predacious method of financing exports because of
their market-distorting effects;
"(2) these distortions have caused the United States to lose
export sales, with resulting losses in economic growth and
employment;
"(3) these practices undermine market mechanisms that would
otherwise result in export purchase decisions made on the basis of
price, quality, delivery, and other factors directly related to
the export, where official financing is not subsidized and would
be a neutral factor in the transaction;
"(4) support of commercial exports by donor countries with tied
aid and partially untied aid credits impedes the growth of
developing countries because it diverts development assistance
funds from essential developmental purposes; and
"(5) there should be established in the Bank a temporary tied
aid program to target the export markets of those countries which
make extensive use of tied aid or partially untied aid credits for
commercial advantage for the purpose of facilitating the
negotiation of a comprehensive international arrangement
restricting the use of tied aid and partially untied aid credits
for commercial purposes, and such program should be aggressively
used until such an arrangement is established.
"(b) ESTABLISHMENT OF TIED AID CREDIT PROGRAM. --
"(1) IN GENERAL. -- For the purpose of facilitating the
negotiation of a comprehensive international arrangement
restricting the use of tied aid and partially untied aid credits
for commercial purposes, the Bank shall establish a tied aid
credit program under which grants shall be made from funds
available in the Tied Aid Credit Fund established under subsection
(c) --
"(A) to supplement the financing of a United States export when
there is a reasonable expectation that predacious financing will
be provided by another country for a sale by a competitor of the
United States exporter with respect to such export;
"(B) to supplement the financing of United States exports to
foreign markets which are actual or potential export markets for
any country which the Bank determines --
"(i) engages in predacious official export financing through
the use of tied aid or partially untied aid credits; and
"(ii) impedes negoatiations to eliminate the use of such
credits for commercial purposes; or
"(C) to supplement the financing of United States exports under
such other circumstances as the Bank may determine to be
appropriate for carrying out the purposes of this section.
"(2) ADMINISTRATION OF PROGRAM. -- The tied aid credit program
shall be administered by the Bank --
"(A) in consultation with the Secretary of the Treasury and in
accordance with the Secretary's recommendations on how such
credits could be used most effectively and efficiently to promote
the negotiation of a comprehensive international arrangement
restricting the use of tied aid and partially untied aid credits
for commercial purposes;
"(B) in cooperation with private financial institutions or
entities, as appropriate; and
"(C) in consultation with the National Advisory Council on
International Monetary and Financial Policies.
"(3) COORDINATION WITH OTHER EXPORT FINANCING. -- Under the
tied aid credit program, the Bank may combine grants from the Tied
Aid Credit Fund with --
"(A) any guarantee, insurance, or other extension of credit
provided by the Bank under this Act;
"(B) any export financing provided by any private financial
institution or other entity; and
"(C) any other type of export financing, in such manner and
under such terms as the Bank determines to be appropriate,
including combinations of export financing in the form of blended
financing and parallel financing.
"(4) INFORMATION ON COUNTRIES WHICH ENGAGE IN OFFICIAL
PREDACIOUS EXPORT FINANCING AND IMPEDE NEGOTIATIONS. -- In order
to assist the Bank to make the most efficient use of funds
available for supplemental financing under paragraph (1)(B), the
United States Trade Representative and the Secretary of Commerce
may provide information on principal sectors and key markets of
countries described in paragraph (1)(B) to the Bank, the
Secretary, and the National Advisory Council on International
Monetary and Financial Policies.
"(c) TIED AID CREDIT FUND. --
"(1) IN GENERAL. -- There is hereby established within the
Bank a fund to be known as the 'Tied Aid Credit Fund' (hereinafter
in this section referred to as the 'Fund'), consisting of such
amounts as may be appropriated to the Fund pursuant to the
authorization contained in subsection (e).
"(2) EXPENDITURES FROM FUND. -- Amounts in the Fund shall be
available for grants made by the Bank under the tied aid credit
program established pursuant to subsection (b) and to reimburse
the Bank for the cost of any tied aid credits authorized by the
Bank during fiscal year 1986.
"(d) CONSISTENCY WITH ARRANGEMENT. -- Any export financing involving
the use of a grant under the tied aid credit program shall be consistent
with the procedures established by the Arrangement, as in effect at the
time such financing is approved.
"(e) AUTHORIZATION OF APPROPRIATIONS. --
"(1) IN GENERAL. -- There is hereby authorized to be
appropriated to the Fund for fiscal years 1987 and 1988,
$300,000,000. Except as provided in paragraph (2), such sums
shall remain available until expended.
"(2) RESCISSION AUTHORITY. --
"(A) DETERMINATION BY PRESIDENT. -- If the President
determines that any amount appropriated to the Fund is not
required to achieve the purpose of the Fund, the President shall
transmit a special message of such determination to the Congress
in the manner provided in section 1012(a) of the Impoundment
Control Act of 1974. "2 USC 683"
"(B) SPECIAL MESSAGE. -- Any message under this paragraph
shall be treated as a special message under such section for
purposes of such Act.
"(f) NONREVIEWABILITY. -- No action taken under this section shall
be reviewable by any court, except for abuse of discretion.
"(g) REPORT TO CONGRESS. --
"(1) REPORT REQUIRED. -- Before the end of the 6-month period
beginning on the date of enactment of this section and every six
month thereafter, the Bank, in consultation with the Secretary,
shall prepare and transmit a report on tied aid credits to the
President of the Senate and the Speaker of the House of
Representatives.
"(2) CONTENTS OF REPORT. -- Each report required by paragraph
(1) shall contain a description of --
"(A) the principal offers of predacious financing by foreign
countries during the course of the previous 6 months;
"(B) steps taken by the United States to combat specific
predacious financing practices of foreign countries;
"(C) any use by the Bank of the Tied Aid Credit Fund to match
specific predacious financing practices of foreign countries and
to initiate tied aid credit offers;
"(D) any additional steps the United States may take in the
future to discourage use of predacious financing practices; and
"(E) any progress achieved in negotiations to establish a
comprehensive international arrangement restricting the use of
tied aid and partially untied credits for commercial purposes.
"(3) CONFIDENTIAL INFORMATION. -- To the extent the Bank
determines any information required to be included in the report
under this subsection should not be made public, such information
may be submitted separately on a confidential basis or provided
orally, rather than in written form, to the Chairmen and ranking
minority Members of the Committees of the Senate and the House of
Representatives with jurisdiction over the subject matter of the
report.
"(h) DEFINITIONS. -- For the purpose of this section --
"(1) TIED AID AND PARTIALLY UNTIED AID CREDIT. -- The terms
'tied aid credit' and 'partially untied aid credit' mean any
credit which --
"(A) has a grant element greater than zero percent, as
determined by the Development Assistance Committee of the
Organization for Economic Cooperation and Development;
"(B) is, in fact or in effect, tied to --
"(i) the procurement of goods or services from the donor
country, in the case of tied aid credit; or
"(ii) the procurement of goods or services from a restricted
number of countries, in the case of partially untied aid credit;
and
"(C) is financed either exclusively from public funds or partly
from public and partly from private funds.
"(2) SECRETARY. -- The term 'Secretary' means the Secretary of
the Treasury.
"(3) ARRANGEMENT. -- The term 'Arrangement' means the
Arrangement on Guidelines for Officially Supported Export Credits
established through the Organization for Economic Cooperation and
Development.
"(4) BLENDED FINANCING. -- The term 'blended financing' means
financing provided through any combination of official development
assistance, official export credits, and private commercial credit
which is integrated into a single agreement with a single set of
financial terms.
"(5) PARALLEL FINANCING. -- The term 'parallel financing'
means financing provided by any combination of official
development assistance, official export credits, and private
commercial credit which is not integrated into a single agreement
and does not have a single set of financial terms.".
SEC. 20. INTEREST SUBSIDY PAYMENTS.
(a) IN GENERAL. -- Section 2 of the Export-Import Bank Act of 1945
(as amended by section 11) is amended by adding at the end thereof the
following new subsection:
"(f) INTEREST SUBSIDY PAYMENTS. --
"(1) PAYMENTS AUTHORIZED. -- The Bank may enter into
commitments to make payments to commercial lending institutions
and other lenders, in such amounts as the Bank may determine to be
appropriate, to provide a sufficient return on loans by such
lenders (including loans guaranteed by the Bank) in support of
United States exports (of goods or services) when financing at
less than market rates is required for such exports in order to
respond to subsidized financing offered by foreign export credit
agencies.
"(2) AUTHORITY TO MAKE PAYMENTS SUBJECT TO MINIMUM AMOUNT OF
DIRECT LOAN AUTHORITY. -- The authority to enter into commitments
to make interest subsidy payments under paragraph (1) shall be
effective for any fiscal year only if the aggregate principal
amount of direct loans the Bank may obligate in such fiscal year
is equal to or greater than $700,000,000.
"(3) PAYMENTS ALLOWED ONLY FROM FUNDS APPROPRIATED FOR SUCH
PURPOSE. -- The estimated aggregate amount of commitments entered
into by the Bank under paragraph (1) in any fiscal year beginning
after fiscal year 1986 may not exceed the amount of funds
appropriated to the Bank for such purposes for such fiscal year.
"(4) AUTHORIZATION OF APPROPRIATIONS. --
"(A) IN GENERAL. -- Subject to subparagraph (B), there are
authorized to be appropriated to the Bank, for any fiscal year
beginning after fiscal year 1986, such sums as may be necessary to
carry out the purposes of this subsection.
"(B) BUDGET SCORING. -- No amount is authorized to be
appropriated for commitments to make interest subsidy payments on
loans for which the Bank extends a loan guarantee commitment if
any amount of such loan guarantee commitment is scored as budget
authority in any estimate of budget authority prepared pursuant to
any provision of the Congressional Budget and Impoundment Control
Act of 1974. "2 USC 621 note"
"(5) SUNSET PROVISION. -- The authority to enter into
commitments to make interest subsidy payments shall lapse on
October 1, 1988.".
(b) GAO REPORT ON INTEREST SUBSIDY PAYMENTS. -- Section 9 of the
Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at
the end thereof the following new subsection:
"(e) GAO REPORT ON INTEREST SUBSIDY PAYMENTS. --
"(1) REPORT REQUIRED. -- Not later than March 1, 1988, the
Comptroller General of the United States shall transmit to both
Houses of the Congress a report on the manner in which and the
extent to which the Bank is exercising its authority to make
interest subsidy payments under section 2(f).
"(2) CONTENTS OF REPORT. -- The report required under
paragraph (1) with respect to interest subsidy payments shall --
"(A) compare the efficiency and competitiveness of interest
subsidy payments with the efficiency and competitiveness of direct
Bank financing of an equivalent value of exports;
"(B) compare the cost, to the United States Government, of
making interest subsidy payments and the impact of such payments
on the financial condition of the Bank with the cost and impact of
direct Bank financing of an equivalent value of exports;
"(C) compare the impact of interest subsidy payments on the
Federal budget with the impact on such budget of direct Bank
financing of an equivalent value of exports; and
"(D) include all views and recommendations of the Advisory
Committee of the Bank which are submitted to the Comptroller
General of the United States before December 1, 1987.".
(c) REPORT SUNSET PROVISION. "12 USC 635g" -- Effective March 2,
1988, the amendment made by subsection (b) is repealed.
SEC. 21. POLICY TOWARD UNITED STATES BUSINESS TRANSACTIONS IN
ANGOLA.
(a) The Congress finds that --
(1) the Marxist Popular Movement for the Liberation of Angola
(hereafter in this section referred to as the "MPLA") has failed
to hold fair and free elections since assuming power in Angola in
1975;
(2) Angola currently harbors more than 35,000 Soviet and Cuban
troops and advisers;
(3) the Cubans and Soviets have channeled more than
$4,000,000,000 in assistance and military aid in furtherance of
this intervention in Africa;
(4) the MPLA government of Angola obtains more than 90 percent
of its foreign exchange from the extraction and production of oil;
(5) most of Angola's oil is extracted in Cabinda Province,
where 75 percent of it is extracted by the Chevron-Gulf Oil
company;
(6) the MPLA has refused to take meaningful steps to end its
dependency on Soviet and Cuban forces, engage in national
reconciliation efforts within Angola, or encourage the
independence of Namibia; and
"(7) United States business interests are in direct conflict
with United States foreign policy objectives in aiding the MPLA
government of Angola, which directly opposes Jonas Savimbi and
UNITA, recipients of United States support.
(b)(1) It is the sense of the Congress that the interests of the
United States are best served when United States business transactions
conducted in Angola do not directly or indirectly support Cuban troops
and Soviet advisers.
(2) The Congress hereby requests that the President consider using
his authorities under the Export Administration Act of 1979 "50 USC app.
2401 note" to restrict United States business transactions that conflict
with United States security interests in Angola.
SEC. 22. "22 USC 262h" OPPOSITION OF MULTILATERAL ASSISTANCE FOR
FOREIGN SURPLUS COMMODITIES AND MINERALS.
The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the African Development Bank, and
the African Development Fund to use the voice and vote of the United
States to oppose any assistance by such institutions, using funds
appropriated or otherwise made available pursuant to any provision of
law, for the production of extraction of any commodity or mineral for
export, if --
(1) such commodity or mineral, as the case may be, is in
surplus on world markets; and
(2) the export of such commodity or mineral, as the case may
be, would cause substantial injury to the United States producers
of the same, similar, or competing commodity or mineral.
Approved October 15, 1986.
LEGISLATIVE HISTORY -- H.R. 5548 (S. 2878):
HOUSE REPORTS: No. 99-956 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and
passed House. Sept. 25, S. 2878 considered in Senate. Sept. 26, S.
2878 considered in Senate; H.R. 5548 considered and passed Senate,
amended. Oct. 2, House agreed to conference report. Oct. 7, Senate
agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
15, Presidential statement.
Public Law 99-471, 100 Stat. 1199
Whereas American Indians were the original inhabitants of the lands
that now cons titute the United States;
Whereas American Indians have made a unique and essential
contribution to the United States;
Whereas the people of the United States should be reminded of the
assistance American Indians provided to the Founding Fathers of our
Nation;
Whereas the people of the United States should consider the present
relationship between American Indians and the United States: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to proclaim the week of November 23, 1986, to
November 30, 1986, as "American Indian Week" and to call upon Federal,
State, and local governments, interested groups and organizations, and
the people of the United States to observe such week with appropriate
programs, ceremonies, and activities.
Approved October 14, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 390:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and
passed House. Oct. 1, considered and passed Senate.
Public Law 99-470, 100 Stat. 1198
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MEMBERSHIP OF ADMINISTRATIVE CONFERENCE.
(a) Section 573 of title 5, United States Code, is amended --
(1) in subsection (a) by striking "91" and inserting "101";
and
(2) in subsection (b)(6) by striking "36" and inserting "40".
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL. -- Section 576 of title 5, United States Code, is
amended to read as follows:
"SEC. 576. Authorization of appropriations
"There are authorized to be appropriated to carry out the purposes of
this subchapter not more than $1,600,000 for fiscal year 1986 and not
more than $2,000,000 for each fiscal year thereafter up to and including
fiscal year 1990. Of any amounts appropriated under this section, not
more than $1,000 may be made available in each fiscal year for official
reception and entertainment expenses for foreign dignitaries.".
(b) CLERICAL AMENDMENT. -- The item relating to section 576 in the
table of sections for chapter 5 of title 5, United States Code, is
amended to read as follows:
"576. Authorization of appropriations.".
Approved October 14, 1986.
LEGISLATIVE HISTORY -- H.R. 4588:
HOUSE REPORTS: No. 99-603 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): May 19, considered and passed
House. Sept. 29, considered and passed Senate.
Public Law 99-469, 100 Stat. 1195
Be it enacted by the Senate and House of Representatives of t United
States of America in Congress assembled,
SECTION 1. This Act may be cited as the Tohono O'odham Tat Momolikot
Dam Settlement Act".
SEC. 2. The Congress finds that --
(1) it is the policy of the United States to settle, wherever
possible, the land claims of Indian tribes without costly and
lengthy litigation;
(2) Tat Momolikot Dam was constructed in 1974 by the Corps of
Engineers, Department of the Army, on lands belonging to the
Tohono O'odham Indians to provide off-reservation flood protection
to Pinal County, Arizona, and water conservation for the tribe;
(3) the O'odham agreed to grant appropriate rights to
approximately five thousand three hundred and twenty-four acres of
land for the Tat Momolikot project on condition that the United
States provide certain water conservation, irrigation, fish and
wildlife and other benefits to the tribe;
(4) the United States has failed to provide those benefits;
(5) as a result, the United States has failed to acquire
appropriate rights to the lands required for the construction of
the dam and its reservoir;
(6) the claims of the O'odham for damages for the use of tribal
land by the United States without authorization by the tribe or
compensation to it are the subject of prospective lawsuits against
the United States;
(7) it is in the long-term interest of the United States and
the Tohono O'odham Indians to provide a fair and equitable
settlement of the claims of the O'odham for the injuries they have
sustained;
(8) the settlement contained in this Act will --
(A) provide fair and equitable compensation and other valuable
considerations to the Tohono O'odham Indians and the former
residents of Tat Momoli village; and
(B) secure for the United States appropriate rights to Tat
Momolikot Dam and its reservoir.
SEC. 3. For the purposes of this Act, the term --
(1) "tribe" means the Tohono O'odham Nation, formerly known as
the Papago Tribe of Arizona, organized under section 16 of the Act
of June 18, 1934 "25 USC 476" (48 Stat. 987; 25 U.S.C. 478);
(2) "Secretary" means the Secretary of the Interior, unless
otherwise specified; and
(3) "Tat Momolikot Dam" means the dam constructed by the Corps
of Engineers, Department of the Army, on Santa Rosa Wash in the
Sif Oidak District of the Sells Papago Reservation.
SEC. 4.(a) If the tribe executes the waiver and release referred to
in section 6(a)(1) and the grant of rights referred to in section 6(a)(
2), the Secretary of the Treasury shall pay to the authorized governing
body of the tribe the sum of $6,000,000 for the benefit of the tribe,
together with interest accruing on such sum from the date of enactment
of this Act at a rate determined by the Secretary of the Treasury taking
into consideration the average market yield on Federal obligationsof
comparable maturity.
(b) The tribe shall invest sums received under this section in
interest bearing deposits and securities until expended. The authorized
governing body of the tribe may spend the principal and interest and
dividends accruing on such sums for economic and community development
and other tribal purposes: Provided, That the sum of $100,000 shall be
distributed by the tribe, on a fair and equitable basis, among those six
individuals who were heads of households residing at Tat Momoli village
in 1969 and owned improvements at said village, or among their heirs.
No portion of the funds received under subsection (a) shall be used for
per capita payments.
(c) The Secretary shall not be responsible for the review, approval
or audit of the moneys referred to in this section, nor shall the
Secretary by subject to liability for any claim or cause of action
arising from the Tribe's use and expenditure of such moneys.
SEC. 5. Effective October 1, 1987, there are authorized to be
appropriated such sums as are necessary to carry out the purposes of
section 4 of this Act.
SEC. 6.(a) The Secretary shall be required to carry out the
obligations under this Act only if, within one year after the date of
enactment of this Act, the Papago Tribe executes --
(1) a waiver and release in a manner satisfactory to the
Secretary of any and all claims arising from the use of tribal
land in connection with the construction of Tat Momolikot Dam and
its reservoir prior to the date of enactment of this Act; and
(2) a grant of appropriate rights for said dam and reservoir.
(b) The waiver and release referred to in subsection (a)(1) and the
grant of appropriate rights referred to in subsection (a)(2) shall not
take effect until such time as the funds authorized to be paid to the
Tribe have been appropriated and the payments referred to in section 4
have been made.
SEC. 7. Within two years after the date of enactment of this Act,
the Secretary shall construct such fences and cattleguards in the
immediate vicinity of Tat Momolikot Dam and its reservoir as may be
necessary to protect livestock.
SEC. 8. No authority under this title to enter into contracts or to
make payments shall be effective except to the extent and in such
amounts as provided in advance in appropriations Acts. Any provision of
this title which, directly or indirectly, authorizes the enactment of
new budget authority shall be effective only for fiscal years beginning
after September 30, 1987.
Approved October 14, 1986.
LEGISLATIVE HISTORY -- H.R. 4217:
HOUSE REPORTS: No. 99-852 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Oct. 1, considered and passed Senate.
Public Law 99-468, 100 Stat. 1193
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO SUSQUEHANNA RIVER BASIN COMPACT.
(a) CONSENT OF CONGRESS. -- The consent of the Congress is hereby
given to the amendments, described in subsection (b), to the Susquehanna
River Basin Compact, entered into by the States of New York,
Pennsylvania, and Maryland and consented to by the Congress in the Act
of December 24, 1970 (84 Stat. 1509).
(b) DESCRIPTION OF AMENDMENTS. -- The amendments referred to in
subsection (a) have been ratified by the States described in such
subsection and have the effect of --
(1) amending section 13.9 of Article 13 of the Susquehanna
River Basin Compact (84 Stat. 1528) to read as follows:
"13.9 Interest. Bonds shall bear interest at such rate as the
commission shall determine, payable annually and semi-annually.";
and
(2) amending section 13.13 of such article (84 Stat. 1528) to
read as follows:
"13.13 Sale. The commission may fix terms and conditions for
the sale or other disposition of any authorized issue of bonds and
may sell its bonds at less than their par or face value. All
bonds issued or sold for cash pursuant to this compact shall be
sold on sealed proposals to the highest bidder. Prior to such
sale, the commission shall advertise for bids by publication of a
notice of sale not less than ten days prior to the date of sale,
at least once in a newspaper of general circulation printed and
published in New York City carrying municipal bonds notices and
devoted primarily to financial news. The commission may reject
any and all bids submitted and may thereafter sell the bonds so
advertised for sale at private sale to any financially responsible
bidder under such terms and conditions as it deems most
advantageous to the public interest, but the bonds shall not be
sold at a net interest cost calculated upon the entire issue so
advertised, greater than the lowest bid which was rejected. In the
event the commission desires to issue its bonds in exchange for an
existing facility or portion thereof, or in exchange for bonds
secured by the revenues of an existing facility, it may exchange
such bonds for the existing facility or portion thereof or for the
bonds so secured, plus an additional amount of cash, without
advertising such bonds for sale.".
Approved October 14, 1986.
LEGISLATIVE HISTORY -- H.R. 2971 (S. 1421):
HOUSE REPORTS: No. 99-596 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 132 (1986): May 19, considered and passed
House. Aug. 15, S. 1421 considered and passed Senate. Sept. 29, H.R.
2971 considered and passed Senate.
Public Law 99-467, 100 Stat. 1192
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) chapter 3 of
title 13, United States Code, "13 USC 41 et seq." is amended by
redesignating subchapters III and IV as subchapters IV and V, "13 USC 91
et seq., 101 et seq." respectively, and by inserting after subchapter II
the following:
"SEC. 81. "13 USC 81" Statistics on apparel and textile industries
"The Secretary shall collect and publish quarterly statistics
relating to domestic apparel and textile industries.".
(b) The analysis for chapter 3 of title 13, United States Code, is
amended --
(1) by strking out the item relating to subchapter III and
inserting in lieu thereof:
(2) by striking out the item relating to subchapter IV and
inserting in lieu thereof:
and
(3) by inserting after the item relating to section 63 the
following:
"81. Statistics on apparel and textile industries.".
Approved October 14, 1986.
LEGISLATIVE HISTORY -- H.R. 2721:
HOUSE REPORTS: No. 99-511 (Comm. on Post Office and Civil Service).
SENATE REPORTS: No. 99-450 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 14, considered and
passed House. Sept. 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
14, Presidential statement.
Public Law 99-466, 100 Stat. 1190
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. JUDICIAL CONFERENCE OF THE UNITED STATES.
(a) REPRESENTATION OF COURT OF INTERNATIONAL TRADE. -- The first
paragraph of section 331 of title 28, United States Code, is amended --
(1) in the first sentence by inserting ", the chief judge of
the Court of International Trade," after "chief judge of each
judicial circuit", and
(2) in the last sentence by striking out "conference" and
inserting in lieu thereof "Conference".
(b) SELECTION OF ALTERNATE JUDGE TO ATTEND CONFERENCE. -- The third
paragraph of section 331 of title 28, United States Code, is amended in
the first sentence --
(1) by inserting ", the chief judge of the Court of
International Trade," after "chief judge of any circuit", and
(2) by inserting "or any other judge of the Court of
International Trade, as the case may be" before the period at the
end thereof.
(c) TECHNICAL AMENDMENT. -- The sixth paragraph of section 331 of
title 28, United States Code, is amended by striking out "conference"
and inserting in lieu thereof "Conference".
SEC. 2. JUDICIAL CONFERENCE OF THE COURT OF INTERNATIONAL TRADE.
(a) ESTABLISHMENT OF JUDICIAL CONFERENCE OF THE COURT OF
INTERNATIONAL TRADE. -- Chapter 15 of title 28, "28 USC 331 et seq."
the United States Code, is amended by adding at the end thereof the
following new section:
"SEC. 335. "28 USC 335" Judicial Conference of the Court of
International Trade
"(a) The chief judge of the Court of International Trade is
authorized to summon annually the judges of such court to a judicial
conference, at a time and place that such chief judge designates, for
the purpose of considering the business of such court and improvements
in the administration of justice in such court.
"(b) The Court of International Trade shall provide by its rules for
representation and active participation at such conference by members of
the bar.".
(b) TECHNICAL AMENDMENT. -- The table of sections of chapter 15 of
title 28, the United States Code, is amended by adding at the end
thereof the following new item:
"335. Judicial Conference of the Court of International Trade.".
SEC. 3. DUTIES OF UNITED STATES MARSHALS.
(a) UNITED STATES MARSHALS. -- Section 569(a) of title 28, United
States Code, is amended by striking out "elsewhere than in the Southern
and Eastern Districts of New York".
(b) CONFORMING AMENDMENTS. -- Chapter 55 of title 28, United States
Code, "28 USC 871 et seq." is amended --
(1) by striking out section 872,
(2) by redesignating section 873 as section 872, and
(3) in the table of sections --
(A) by striking out the item relating to section 872, and
(B) in the item relating to section 873, by striking out "873"
and inserting in lieu thereof "872".
SEC. 4. "28 USC 331 note" EFFECTIVE date.
This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.
Approved October 14, 1986.
LEGISLATIVE HISTORY -- H.R. 2183:
HOUSE REPORTS: No. 99-390 (Comm. on the Judiciary).
CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 9, considered and
passed House. Vol. 132 (1986): Setp 29, considered and passed Senate.
Public Law 99-465, 100 Stat. 1189
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 102(c) of the
joint resolution of October 9, 1986 (Public Law 99-464) "100 Stat.
1187" is hereby amended by striking out "October 10, 1986" and inserting
in lieu thereof "October 15, 1986".
Approved October 11, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 751:
CONGRESSIONAL RECORD, Vol. 132 (1986: Oct. 10, considered and passed
House and Senate.
Public Law 99-464, 100 Stat. 1185
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1987, and for other purposes, namely:
SEC. 101.(a)(1) Such amounts as may be necessary are hereby
appropriated for programs, projects, or activities, not otherwise
specifically provided for in this joint resolution, for which
appropriations, funds, or other authority would be available in the
following appropriation Acts:
District of Columbia Appropriations Act, 1987, H.R. 5175 as
passed by the House on July 24, 1986, and as passed by the Senate
on September 16, 1986;
Department of the Interior and Related Agencies Appropriations
Act, 1987, H.R. 5234 as passed by the House on July 31, 1986, and
as passed by the Senate on September 16, 1986;
Military Construction Appropriations Act, 1987, H.R. 5052 as
passed by the House on June 25, 1986, and as passed by the Senate
on August 13, 1986; and
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriations Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House is different from that which would be available
or granted under such Act as passed by the Senate, the pertinent
program, project, or activity shall be continued under the lesser amount
or the more restrictive authority: Provided, That where an item is
included in only one version of an Act as passed by both Houses as of
October 1, 1986, the pertinent program, project, or activity shall be
continued under the appropriation, fund, or authority granted by the one
House, but at a rate for operations not exceeding the current rate or
the rate permitted by the action of the one House, whichever is lower,
and under the authority and conditions provided in applicable
appropriation Acts for the fiscal year 1986.
(4) No provision which is included in an appropriations Act
enumerated in this subsection but which was not included in the
applicable appropriations Act of 1986, and which by its terms is
applicable to more than one appropriation, fund, or authority shall be
applicable to any appropriation, fund, or authority provided in the
joint resolution unless such provision shall have been included in
identical form in such bill as enacted by both the House and the Senate.
(5) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1986.
(b)(1) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities, not otherwise specifically provided
for in this joint resolution, for which appropriations, funds, or other
authority would be available in the following appropriations Acts:
Agriculture, Rural Development, and Related Agencies
Appropriations Act, 1987, H.R. 5177 as passed by the House on July
24, 1986;
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1987, H.R. 5161 as passed by
the House on July 17, 1986;
Department of Defense Appropriations Act, 1987, H.R. 5438 as
provided for in section 101(c) of H.J. Res. 738 which passed the
House on September 25, 1986, and such Act shall be deemed to have
passed the House for purposes of this joint resolution;
Energy and Water Development Appropriations Act, 1987, H.R.
5162 as passed by the House on July 23, 1986;
Foreign Assistance and Related Programs Appropriations Act,
1987, H.R. 5339 as provided for in section 101(f) of H.J. Res.
738 which passed the House on September 25, 1986, and such Act
shall be deemed to have passed the House for purposes of this
joint resolution;
Treasury, Postal Service, and General Government Appropriations
Act, 1987, H.R. 5294 as passed by the House on August 6, 1986.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriations Act.
(3) Whenever an Act listed in this subsection has been passed by only
the House as of October 1, 1986, the pertinent program, project, or
activity shall be continued under the appropriation, fund, or authority
granted by the House, at a rate for operations not exceeding the current
rate or the rate permitted by the action of the House whichever is
lower, and under the authority and conditions provided in applicable
appropriations Acts for the fiscal year 1986.
(4) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1986.
(c) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities provided for in H.R. 5203, the
Legislative Branch Appropriations Act, 1987, to the extent and in the
manner provided for in the conference report and joint explanatory
statement of the committee of conference (House Report 99-805) as filed
in the House of Representatives on August 15, 1986, as if enacted into
law.
(d) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities provided for in H.R. 5313, the
Department of Housing and Urban Development-Independent Agencies
Appropriations Act, 1987, to the extent and in the manner provided for
in the conference report and joint explanatory statement of the
committee of conference (House Report 99-977) as filed in the House of
Representatives on October 7, 1986, as if enacted into law.
(e) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities provided for in H.R. 5233, the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1987, to the extent and in the
manner provided for in the conference report and joint explanatory
statement of the committee of conference (House Report 99-960) as filed
in the House of Representatives on October 2, 1986, as if enacted into
law.
(f) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities provided for in H.R. 5205, the
Department of Transportation and Related Agencies Appropriations Act,
1987, to the extent and in the manner provided for in the conference
report and joint explanatory statement of the committee of conference
(House Report 99-976) as filed in the House of Representatives on
October 7, 1986, as if enacted into law except that such conference
agreement shall be considered as not including those provisions in
Section 331 of H.R. 5205 as passed the House of Representatives on July
30, 1986.
(g) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for in this joint resolution, which
were conducted in the fiscal year 1986, under the terms and conditions
provided in applicable appropriations Acts for the fiscal year 1986, at
the current rate or as otherwise provided herein: Provided, That no
appropriation or fund made available or authority granted pursuant to
this subsection shall be used to initiate or resume any project or
activity for which appropriations, funds, or authority were not
available during fiscal year 1986 unless otherwise provided for herein:
Refugee and entrant assistance activities authorized by title
IV of the Immigration and Nationality Act, part B of title III "8
USC 1521" of the Refugee Act of 1980, and section 501 "94 Stat.
109" of the Refugee Education Assistance Act of 1980 "8 USC 1522
note" except that no activity authorized by such Acts shall be
funded beyond September 30, 1987; and
Activities authorized by the Follow Through Act. "42 USC 9801"
SEC. 102. Unless otherwise provided for in this joint resolution or
in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this joint resolution shall
be available from October 1, 1986, and shall remain available until (a)
enactment into law of an appropriation for any project or activity
provided for in this joint resolution, or (b) enactment of the
applicable appropriations Act by both Houses without any provision for
such project or activity, or (c) October 10, 1986, whichever first
occurs.
SEC. 103. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
SEC. 104. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
SEC. 105. No provision in any appropriations Act for the fiscal year
1987 referred to in section 101 of this joint resolution that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 102(c) of this joint
resolution.
SEC. 106. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
SEC. 107. Pending the enactment of the Omnibus Drug Supplemental
Appropriations Act of 1987, contained as title II of the fiscal year
1987 Continuing Appropriations Act of 1987 (H.J. Res. 738), the
President or his designee shall, out of the $1,200,000,000 made
available for drug abuse prevention programs by House Joint Resolution
738 and continued by this resolution and in the regular appropriations
bills for the fiscal year 1987, with the cooperation of those presently
engaged in this effort in the executive departments, Members of
Congress, and others experienced in the field of law enforcement, use
$100,000 to develop an overall drug abuse prevention plan that
coordinates the Government's efforts in combating the widespread use of
illegal drugs: Provided, That this plan shall be presented to the
Congress no later than January 1, 1987.
Approved October 9, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 750:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 8, considered and passed
House and Senate.
Public Law 99-463, 100 Stat. 1184
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the requirement of
sections 106 and 107 of title I, United States Code, that the enrollment
of the following bills and joint resolutions be printed on parchment be
waived during the remainder of the second session of the Ninety-ninth
Congress, and that the enrollment of said bills and joint resolutions be
in such form as may be certified by the Committee on House
Administration to be truly enrolled: H.R. 2005; H.R. 3838; H. R.
5300; H.R. 5484; and H.J. Res. 738, or any other measure continuing
appropriations.
Approved October 9, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 749:
CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 8, considered and passed
House and Senate.
Public Law 99-462, 100 Stat. 1183
Whereas there are approximately eight million five hundred thousand
disabled persons in rural America;
Whereas, in 1984, farm residents suffered approximately two hundred
and ninety thousand disabling injuries and approximately five hundred
and sixty thousand agricultural workers were hindered in their farming
operations because of permanent disabilities;
Whereas disability is proportionately more prevalent in rural areas
than in urban areas and the rural disabled are more disadvantaged than
their urban counterparts;
Whereas little attention has been given to the unique problems faced
by the rural disabled in the United States; and
Whereas there is a need to focus attention on the unmet needs of the
rural disabled, to underscore their potential, and to encourage outreach
programs by rural communities to their disabled members: Now,
therefore, be it
Resolves by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 4, 1986, is hereby
designated "National Outreach to the Rural Disabled Day", and the
President is authorized and requested to issue a proclamation calling on
the people of the United States to observe this day with appropriate
ceremonies and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 406:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and
passed Senate. Oct. 1, considered and passed House.
Public Law 99-461, 100 Stat. 1182
Whereas spina bifida is a birth defect in the spinal column which
occurs in one of every one thousand births in the United States;
Whereas spina bifida is the most common cripplier of newborns,
resulting when one or more bones in the back (vertebrae) fail to close
completely during prenatal development;
Whereas while the cause of spina bifida is not known, it appears to
be the result of multiple environmental and genetic factors;
Whereas although most of the March of Dimes and Easter Seal poster
children have spina bifida, many people have not heard of the defect;
Whereas only a few cities in the United States have proper care
centers and specialized professionals that can provide the most
effective, aggressive treatment for children and adults with spina
bifida; and
Whereas an increase in the national awareness of the problem of spina
bifida may stimulate the interest and concern of the American people,
which may lead, in turn, to increased research and eventually to the
discovery of a cure for spina bifida: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of October 1986,
is designated "National Spina Bifida 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 ceremonies
and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 368:
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 9, considered and passed
Senate. Oct. 1, considered and passed House.
Public Law 99-460, 100 Stat. 1181
Whereas diabetes with its complications kills more than any other
disease except cancer and cardiovascular diseases;
Whereas diabetes afflicts eleven million Americans and five million
of these Americans are not aware of their illness;
Whereas more than $14,000,000,000 annually is used for health care
costs, disability payments, and premature mortality costs due to
diabetes;
Whereas up to 85 per centum of all cases of noninsulin dependent
diabetes may be preventable through greater public understanding,
awareness, and education;
Whereas diabetes is particularly prevalent among black Americans,
Hispanic Americans, Native Americans, and women; and
Whereas diabetes is a leading cause of blindness, kidney disease,
heart disease, stroke, birth defects, and lower life expectancy, which
complications may be reduced through greater patient and public
understanding, awareness, and education: 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 1986
is designated as "National Diabetes Month" and the President is
authorized and requested to issue a proclamation calling upon the people
of the United States to observe that month with appropriate programs,
ceremonies, and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 318:
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and
passed Senate. Oct. 1, considered and passed House.
Public Law 99-459, 100 Stat. 1180
Whereas the incidence and prevalence of epidermolysis bullosa
presents a significant health problem in the United States;
Whereas epidermolysis bullosa is an inherited disorder showing
widespread blistering and skin erosions which result in pain, scarring,
deformity, contractures, malnutrition, anemia, gastrointestinal
problems, dental problems, and carcinoma;
Whereas an estimated ten to fifteen thousand Americans of both sexes
are afflicted with the disease, and another twenty to thirty thousand
Americans may be carriers of this disease;
Whereas the Nation faces a continuing need to support innovative
research into the causes, treatment, and cure of epidermolysis bullosa;
and
Whereas it is appropriate to focus the Nation's attention upon the
plight of epidermolysis bullosa sufferers and upon the continuing peril
epidermolysis bullosa poses to humanity: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of December 1,
1986, through December 7, 1986, is designated "National Epidermolysis
Bullosa Awareness Week", and the President of the United States is
authorized and requested to issue a proclamation calling upon the
citizens of the United States to observe the week with appropriate
programs, ceremonies, and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 245:
CONGRESSIONAL RECORD, Vol. 132 (1986): May 5, considered and passed
Senate. Oct. 1, considered and passed House.
Public Law 99-458, 100 Stat. 1178
Whereas there are more than one hundred liver diseases which are
progressively debilitating and often fatal;
Whereas liver diseases claim fifty thousand lives annually and are
the fourth leading cause of death of Americans between the ages of
fifteen and sixty-five;
Whereas liver diseases strike infants, children, adolescents, and
adults, regardless of sex, race, or economic status;
Whereas there are no known causes, effective treatments (other than
liver transplants), or cures for the vast majority of liver diseases;
Whereas there are many conditions which can lead to liver diseases,
including congenital or inherited abnormalities, severe reactions to
drugs, prolonged exposure to environmental toxins, parasitic and other
diseases, as well as alcoholism;
Whereas people with a liver disease suffer not only physically from
the disease but also emotionally from the unjust stigma placed on them
due to the common, but mistaken, notion that liver disease is caused
only by alcoholism;
Whereas the American Liver Foundation is the only national
organization to focus on the full array of liver diseases;
Whereas the Foundation is a network of volunteers, families,
researchers, and health care professionals located throughout the United
States, dedicated to funding and increasing research to find the causes,
treatments, cures, and ways to prevent these devastating diseases; and
Whereas the Foundation is committed to promoting the health of
Americans by increasing public awareness of all conditions which can
lead to a liver disease, providing health and therapy information and
education programs about liver diseases for lay persons and
professionals, and supporting and enhancing the quality of life for
those individuals and their families who must cope with a liver disease:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 1986 is designated
as "American Liver Foundation National Liver Awareness Month", and the
President is authorized and requested to issue a proclamation calling
upon the people of the United States to --
(1) learn more about the liver and how to prevent liver
diseases;
(2) support the search for the causes and possible cures for
liver diseases;
(3) aid those who suffer from the crushing physical,
psychological, and financial burden of a liver disease; and
(4) observe such month with other appropriate activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 202:
CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 18, considered and
passed Senate. Vol. 132 (1986): Sept. 18, considered and passed House,
amended. Sept. 29, Senate concurred in House amendments.
Public Law 99-457, 100 Stat. 1145
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(a) SHORT TITLE. -- This Act may be cited as the "Education of the
Handicapped Act Amendments of 1986".
(b) REFERENCE. -- References in this Act "20 USC 1400 note" to "the
Act" are references to the Education of the Handicapped Act. "20 USC
1400"
SEC. 101. ADDITIONS OF A NEW PART RELATING TO HANDICAPPED INFANTS
AND TODDLERS.
(a) AMENDMENT. -- The Act is amended by inserting after the part
added by section 316 the following new part:
"SEC. 671. "20 USC 1471" (a) FINDINGS. -- The Congress finds that
there is an urgent and substantial need --
"(1) to enhance the development of handicapped infants and
toddlers and to minimize their potential for developmental delay,
"(2) to reduce the educational costs to our society, including
our Nation's schools, by minimizing the need for special education
and related services after handicapped infants and toddlers reach
school age,
"(3) to minimize the likelihood of institutionalization of
handicapped individuals and maximize the potential for their
independent living in society, and
"(4) to enhance the capacity of families to meet the special
needs of their infants and toddlers with handicaps.
"(b) POLICY. -- It is therefore the policy of the United States to
provide financial assistance to States --
"(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency program of early
intervention services for handicapped infants and toddlers and
their families,
"(2) to facilitate the coordination of payment for early
intervention services from Federal, State, local, and private
sources (including public and private insurance coverage), and
"(3) to enhance its capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to handicapped infants,
toddlers, and their families.
"DEFINITIONS
"SEC. 672. "20 USC 1472" As used in this part --
"(1) The term 'handicapped infants and toddlers' means individuals
from birth to age 2, inclusive, who need early intervention services
because they --
"(A) are experiencing developmental delays, as measured by
appropriate diagnostic instruments and procedures in one or more
of the following areas: Cognitive development, physical
development, language and speech development, psychosocial
development, or self-help skills, or
"(B) have a diagnosed physical or mental condition which has a
high probability of resulting in developmental delay.
Such term may also include, at a State's discretion, individuals from
birth to age 2, inclusive, who are at risk of having substantial
developmental delays if early intervention services are not provided.
"(2) 'Early intervention services' are developmental services which
--
"(A) are provided under public supervision,
"(B) are provided at no cost except where Federal or State law
provides for a system of payments by families, including a
schedule of sliding fees,
"(C) are designed to meet a hanciapped infant's or toddler's
developmental needs in any one or more of the following areas:
"(i) physical development,
"(ii) cognitive development, "(iii) language and speech
development,
"(iv) psycho-social development, or
"(v) self-help skills,
"(D) meet the standards of the State, including the
requirements of this part,
"(E) include --
"(i) family training, counseling, and home visits,
"(ii) special instruction,
"(iii) speech pathology and audiology,
"(iv) occupational therapy,
"(v) physical therapy,
"(vi) psychological services,
"(vii) case management services,
"(viii) medical services only for diagnostic or evaluation
purposes,
"(ix) early identification, screening, and assessment services,
and
"(x) health services necessary to enable the infant or toddler
to benefit from the other early intervention services,
"(F) are provided by qualified personnel, including --
"(i) special educators,
"(ii) speech and language pathologists and audiologists,
"(iii) occupational therapists,
"(iv) physical therapists,
"(v) psychologists,
"(vi) social workers,
"(vii) nurses, and
"(viii) nutritionists, and
"(G) are provided in conformity with an individualized family
service plan adopted in accordance with section 677.
"(3) The term 'development delay' has the meaning given such term by
a State under section 676(b)(1).
"(4) The term 'Council' means the State Interagency Coordinating
Council established under section 682.
"SEC. 673. "20 USC 1473" The Secretary shall, in accordance with
this part, make grants to States (from their allocations under section
684) to assist each State to develop a statewide, comprehensive,
coordinated, multidisciplinary, interagency system to provide early
intervention services for handicapped infants and toddlers and their
families.
"SEC. 674. "20 USC 1474" In order to be eligible for a grant under
section 673 for any fiscal year, a State shall demonstrate to the
Secretary (in its application under section 678) that the State has
established a State Interagency Coordinating Council which meets the
requirements of section 682.
"CONTINUING ELIGIBILITY
"SEC. 675. "20 USC 1475" (a) FIRST TWO YEARS. -- In order to be
eligible for a grant under section 673 for the first or second year of a
State's participation under this part, a State shall include in its
application under section 678 for that year assurances that funds
received under section 673 shall be used to assist the State to plan,
develop, and implement the statewide system required by section 676.
"(b) THIRD AND FOURTH YEAR. -- (1) In order to be eligible for a
grant under section 673 for the third or fourth year of a State's
participation under this part, a State shall include in its application
under section 678 for that year information and assurances demonstrating
to the satisfaction of the Secretary that --
"(A) the State has adopted a policy which incorporates all of
the components of a statewide system in accordance with section
676 or obtained a waiver from the Secretary under paragraph (2),
"(B) funds shall be used to plan, develop, and implement the
statewide system required by section 676, and
"(C) such statewide system will be in effect no later than the
beginning of the fourth year of the State's participation under
section 673, except that with respect to section 676(b)(4), a
State need only conduct multidisciplinary assessments, develop
individualized family service plans, and make available case
management services.
"(2) Notwithstanding paragraph (1), the Secretary may permit a State
to continue to receive assistance under section 673 during such third
year even if the State has not adopted the policy required by paragraph
(1)(A) before receiving assistance if the State demonstrates in its
application --
"(A) that the State has made a good faith effort to adopt such
a policy,
"(B) the reasons why it was unable to meet the timeline and the
steps remaining before such a policy will be adopted, and
"(C) an assurance that the policy will be adopted and go into
effect before the fourth year of such assistance.
"(c) FIFTH AND SUCCEEDING YEARS. -- In order to be eligible for a
grant under section 673 for a fifth and any succeeding year of a State's
participation under this part, a State shall include in its application
under section 678 for that year information and assurances demonstrating
to the satisfaction of the Secretary that the State has in effect the
statewide system required by section 676 and a description of services
to be provided under section 676(b)(2).
"(d) EXCEPTION. -- Notwithstanding subsections (a) and (b), a State
which has in effect a State law, enacted before September 1, 1986, that
requires the provision of free appropriate public education to
handicapped children from birth through age 2, inclusive, shall be
eligible for a grant under section 673 for the first through fourth
years of a State's participation under this part.
"SEC. 676. "20 USC 1476" (a) IN GENERAL. -- A statewide system of
coordinated, comprehensive, multidisciplinary, interagency programs
providing appropriate early intervention services to all handicapped
infants and toddlers and their families shall include the minimum
components under subsection (b).
"(b) MINIMUM COMPONENTS. -- The statewide system required by
subsection (a) shall include, at a minimum --
"(1) a definition of the term 'developmentally delayed' that
will be used by the State in carrying out programs under this
part,
"(2) timetables for ensuring that appropriate early
intervention services will be available to all handicapped infants
and toddlers in the State before the beginning of the fifth year
of a State's participation under this part,
"(3) a timely, comprehensive, multidisciplinary evaluation of
the functioning of each handicapped infant and toddler in the
State and the needs of the families to appropriately assist in the
development of the handicapped infant or toddler,
"(4) for each handicapped infant and toddler in the State, an
individualized family service plan in accordance with section 677,
including case management services in accordance with such service
plan,
"(5) a comprehensive child find system, consistent with part B,
including a system for making referrals to service providers that
includes timelines and provides for the participation by primary
referral sources,
"(6) a public awareness program focusing on early
identification of handicapped infants and toddlers,
"(7) a central directory which includes early intervention
services, resources, and experts available in the State and
research and demonstration projects being conducted in the State,
"(8) a comprehensive system of personnel development,
"(9) a single line of responsibility in a lead agency
designated or established by the Governor for carrying out --
"(A) the general administration, supervision, and monitoring of
programs and activities receiving assistance under section 673 to
ensure compliance with this part,
"(B) the identification and coordination of all available
resources within the State from Federal, State, local and private
sources,
"(C) the assignment of financial responsibility to to
appropriate agency,
"(D) the development of procedures to ensure that services are
provided to handicapped infants and toddlers and their families in
a timely manner pending the resolution of any disputes among
public agencies or service providers,
"(E) the resolution of intra- and interagency disputes, and
"(F) the entry into formal interagency agreements that define
the financial responsiblity of each agency for paying for early
intervention services (consistent with State law) and procedures
for resolving disputes and that include all additional components
necessary to ensure meaningful cooperation and coordination,
"(10) a policy pertaining to the contracting or making of other
arrangements with service providers to provide early intervention
services in the State, consistent with the provisions of this
part, including the contents of the application used and the
conditions of the contract or other arrangements,
"(11) a procedure for securing timely reimbursement of funds
used under this part in accordance with section 681(a),
"(12) procedural safeguard with respect to programs under this
part as required by section 680, and
"(13) policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel necessary to
carry out this part are appropriately and adequately prepared and
trained, including --
"(A) the establishment and maintenance of standards which are
consistent with any State approved or recognized certification,
licensing, registration, or other comparable requirements which
apply to the area in which such personnel are providing early
intervention services, and
"(B) to the extent such standards are not based on the highest
requirements in the State applicable to a specific profession or
discipline, the steps the State is taking to require the
retraining or hiring of personnel that meet appropriate
professional requirements in the State, and
"(14) a system for compiling data on the numbers of handicapped
infants and toddlers and their families in the State in need of
appropriate early intervention services (which may be based on a
sampling of data), the numbers of such infants and toddlers and
their families served, the types of services provided (which may
be based on a sampling of data), and other information required by
the Secretary.
"SEC. 677. "20 USC 1477" (a) ASSESSMENT AND PROGRAM DEVELOPMENT. --
Each handicapped infant or toddler and the infant or toddler's family
shall receive --
"(1) a multidisciplinary assessment of unique needs and the
identification of services appropriate to meet such needs, and
"(2) a written individualized family service plan developed by
a multidisciplinary team, including the parent or guardian, as
required by subsection (d).
"(b) PERIODIC REVIEW. -- The individualized family service plan
shall be evaluated once a year and the family shall be provided a review
of the plan at 6 month-intervals (or more often where appropriate based
on infant and toddler and family needs).
"(c) PROMPTNESS AFTER ASSESSMENT. -- The individualized family
service plan shall be developed within a reasonable time after the
assessment required by subsection (a)(1) is completed. With the
parent's consent, early intervention services may commence prior to the
completion of such assessment.
"(d) CONTENT OF PLAN. -- The individualized family service plan
shall be in writing and contain --
"(1) a statement of the infant's or toddler's present levels of
physical development, cognitive development, language and speech
development, psycho-social development, and self-help skills,
based on acceptable objective criteria,
"(2) a statement of the family's strengths and needs relating
to enhancing the development of the family's handicapped infant or
toddler,
"(3) a statement of the major outcomes expected to be achieved
for the infant and toddler and the family, and the criteria,
procedures, and timelines used to determine the degree to which
progress toward achieving the outcomes are being made and whether
modifications or revisions of the outcomes or services are
necessary,
"(4) a statement of specific early intervention services
necessary to meet the unique needs of the infant or toddler and
the family, including the frequency, intensity, and the method of
delivering services,
"(5) the projected dates for initiation of services and the
anticipated duration of such services,
"(6) the name of the case manager from the profession most
immediately relevant to the infant's and toddler's or family's
needs who will be responsible for the implementation of the plan
and coordination with other agencies and persons, and
"(7) the steps to be taken supporting the transition of the
handicapped toddler to services provided under part B "20 USC
1411" to the extent such services are considered appropriate.
"SEC. 678. "20 USC 1478" (a) APPLICATION. -- Any State desiring to
receive a grant under section 673 for any year shall submit an
application to the Secretary at such time and in such manner as the
Secretary may reasonably require by regulation. Such an application
shall contain --
"(1) a designation of the lead agency in the State that will be
responsible for the administration of funds provided under section
673,
"(2) information demonstrating eligibility of the State under
section 674,
"(3) the information or assurances required to demonstrate
eligibility of the State for the particular year of participation
under section 675, and
"(4)(A) information demonstrating that the State has provided
(i) public hearings, (ii) adequate notice of such hearings, and
(iii) an opportunity for comment to the general public before the
submission of such application and before the adoption by the
State of the policies described in such application, and (B) a
summary of the public comments and the State's responses,
"(5) a description of the uses for which funds will be expended
in accordance with this part and for the fifth and succeeding
fiscal years a description of the services to be provided,
"(6) a description of the procedure used to ensure an equitable
distribution of resources made available under this part among all
geographic areas within the State, and
"(7) such other information and assurances as the Secretary may
reasonably require by regulation.
"(b) STATEMENT OF ASSURANCES. -- Any State desiring to receive a
grant under section 673 shall file with the Secretary a statement at
such time and in uch manner as the Secretary may reasonably require by
regulation. Such statement shall --
"(1) assure that funds paid to the State under section 673 will
be expended in accordance with this part,
"(2) contain assurances that the State will comply with the
requirements of section 681,
"(3) provide satisfactory assurance that the control of funds
provided under section 673, and title to property derived
therefrom, shall be in a public agency for the uses and purposes
provided in this part and that a public agency will administer
such funds and property.
"(4) provide for (A) making such reports in such form and
containing such information as the Secretary may require to carry
out the Secretary's functions under this part, and (B) keeping
such records and affording such access thereto as the Secretary
may find necessary to assure the correctness and verification of
such reports and proper disbursement of Federal funds under this
part,
"(5) provide satisfactory assurance that Federal funds made
available under section 673 (A) will not be commingled with State
funds, and (B) will be so used as to supplement and increase the
level of State and local funds expended for handicapped infants
and toddlers and their families and in no case to supplant such
State and local funds,
"(6) provide satisfactory assurance that such fiscal control
and fund accounting procedures will be adopted as may be necessary
to assure proper disbursement of, and accounting for, Federal
funds paid under section 673 to the State, and
"(7) such other information and assurances as the Secretary may
reasonably require by regulation.
"(c) APPROVAL OF APPLICATION AND ASSURANCES REQUIRED. -- No State
may receive a grant under section 673 unless the Secretary has approved
the application and statement of assurances of that State. The
Secretary shall not disapprove such an application or statement of
assurances unless the Secretary determines, after notice and opportunity
for a hearing, that the application or statement of assurances fails to
comply with the requirements of this section.
"SEC. 679. "20 USC 1479" In addition to using funds provided under
section 673 to plan, develop, and implement the statewide system
required by section 676, a State may use such funds --
"(1) for direct services for handicapped infants and toddlers
that are not otherwise provided from other public or private
sources, and
"(2) to expand and improve on services for handicapped infants
and toddlers that are otherwise available.
"SEC. 680. "20 USC 1480" The procedural safeguards required to be
included in a statewide system under section 676(b)(12) shall provide,
at a minimum, the following:
"(1) The timely administrative resolution of complaints by
parents. Any part aggrieved by the findings and decision
regarding an administrative complaint shall have the right to
bring a civil action with respect to the complaint, which action
may be brought in any State court of competent jurisdiction or in
a district court of the United States without regard to the amount
in controversy. In any action brought under this paragraph, the
court shall receive the records of the administrative proceedings,
shall hear additional evidence at the request of a party, and,
basing its decision on the preponderance of the evidence, shall
grant such relief as the court determines is appropriate.
"(2) The right to confidentiality of personally identifiable
information.
"(3) The opportunity for parents and a guardian to examine
records relating to assessment, screening, eligibility
determinations, and the development and implementation of the
individualized family service plan.
"(4) Procedures to protect the rights of the handicapped infant
and toddlers whenever the parents or guardian of the child are not
known or unavailable or the child is a ward of the State,
including the assignment of an individual (who shall not be an
employee of the State agency providing services) to act as a
surrogate for the parents or guardian.
"(5) Written prior notice to the parents or guardian of the
handicapped infant or toddler whenever the State agency or service
provider proposes to initiate or change or refuses to initiate or
change the identification, evaluation, placement, or the provision
of appropriate early intervention services to the handicapped
infant or toddler.
"(6) Procedures designed to assure that the notice required by
paragraph (5) fully informs the parents or guardian, in the
parents' or guardian's native language, unless it clearly is not
feasible to do so, of all procedures available pursuant to this
section.
"(7) During the pendency of any proceeding or action involving
a complaint, unless the State agency and the parents or guardian
otherwise agree, the child shall continue to receive the
appropriate early intervention services currently being provided
or if applying for initial services shall receive the services not
in dispute.
"SEC. 681. "20 USC 1481" (a) NONSUBSTITUTION. -- Funds provided
under section 673 may not be used to satisfy a financial commitment for
services which would have been paid for from another public or private
source but for the enactment of this part, except that whenever
considered necessary to prevent the delay in the receipt of appropriate
early intervention services by the infant or toddler or family in a
timely fashion, funds provided under section 673 may be used to pay the
provider of services pending reimbursement from the agency which has
ultimate responsibility for the payment.
"(b) REDUCTION OF OTHER BENEFITS. -- Nothing in this part shall be
construed to permit the State to reduce medical or other assistance
available or to alter eligibility under title V of the Social Security
Act (relating to maternal and child health) or title XIX "42 USC 701" of
the Social Security Act "42 USC 1396" (relating to medicaid for
handicapped infants and toddlers) within the State.
"SEC. 682. "20 USC 1482" (a) ESTABLISHMENT. -- (1) Any State which
desires to receive financial assistance under section 673 shall
establish a State Interagency Coordinating Council composed of 15
members.
"(2) The Council and the chairperson of the Council shall be
appointed by the Governor. In making appointments to the Council, the
Governor shall ensure that the membership of the Council reasonably
represents the population of the State.
"(b) COMPOSITION. -- The Council shall be composed of --
"(1) at least 3 parents of handicapped infants or toddlers or
handicapped children aged 3 through 6, inclusive,
"(2) at least 3 public or private providers of early
intervention services,
"(3) at least one representative from the State legislature,
"(4) at least one person involved in personnel preparation, and
"(5) other members representing each of the appropriate
agencies involved in the provision of or payment for early
intervention services to handicapped infants and toddlers and
their families and others selected by the Governor.
"(c) MEETINGS. -- The Council shall meet at least quarterly and in
such places as it deems necessary. The meetings shall be publicly
announced, and, to the extent appropriate, open and accessible to the
general public.
"(d) MANAGEMENT AUTHORITY. -- Subject to the approval of the
Governor, the Council may prepare and approve a budget using funds under
this part to hire staff, and obtain the services of such professional,
technical, and clerical personnel as may be necessary to carry out its
functions under this part.
"(e) FUNCTIONS OF COUNCIL. -- The Council shall --
"(1) advise and assist the lead agency designated or
established under section 676(b)(9) in the performance of the
responsibilities set out in such section, particularly the
identification of the sources of fiscal and other support for
services for early intervention programs, assignment of financial
responsibility to the appropriate agency, and the promotion of the
interagency agreements,
"(2) advise and assist the lead agency in the preparation of
applications and amendments thereto, and
"(3) prepare and submit an annual report to the Governor and to
the Secretary on the status of early intervention programs for
handicapped infants and toddlers and their families operated
within the State.
"(f) CONFLICT OF INTEREST. -- No member of the Council shall cast a
vote on any matter which would provide direct financial benefit to that
member or otherwise give the appearance of a conflict of interest under
State law.
"(g) USE OF EXISTING COUNCILS. -- To the extent that a State has
established a Council before September 1, 1986, that is comparable to
the Council described in this section, such Council shall be considered
to be in compliance with this section. Within 4 years after the date
the State accepts funds under section 673, such State shall establish a
council that complies in full with this section.
"SEC. 683. "20 USC 1483" Sections 616, 617, and 620 shall, to the
extent not inconsistent with this part, apply to the program authorized
by this part, except that -- "20 USC 1416, 1417, 1420"
"(1) any reference to a State educational agency shall be
deemed to be a reference to the State agency established or
designated under section 676(b)(9),
"(2) any reference to the education of handicapped children and
the education of all handicapped children and the provision of
free public education to all handicapped children shall be deemed
to be a reference to the provision of services to handicapped
infants and toddlers in accordance with this part, and
"(3) any reference to local educational agencies and
intermediate educational agencies shall be deemed to be a
reference to local service providers under this part.
"SEC. 684. "20 USC 1484" (a) From the sums appropriated to carry out
this part for any fiscal year, the Secretary may reserve 1 percent for
payments to Guam, American Samoa, the Virgin Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, the Republic
of Palau, and the Commonwealth of the Northern Mariana Islands in
accordance with their respective needs.
"(b)(1) The Secretary shall make payments to the Secretary of the
Interior according to the need for such assistance for the provision of
early intervention services to handicapped infants and toddlers and
their families on reservations serviced by the elemen-ary and secondary
schools operated for Indians by the Department of the Interior. The
amount of such payment for any fiscal year shall be 1.25 percent of the
aggregate of the amount available to all States under this part for that
fiscal year.
"(2) The Secretary of the Interior may receive an allotment under
paragraph (1) only after submitting to the Secretary an application
which meets the requirements of section 678 and which is approved by the
Secretary. Section 616 "20 USC 1416" shall apply to any such
application.
"(c)(1) For each of the fiscal years 1987 through 1991 from the funds
remaining after the reservation and payments under subsections (a) and
(b), the Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the number of infants and
toddlers in the State bears to the number of infants and toddlers in all
States, except that no State shall receive less than 0.5 percent of such
remainder.
"(2) For the purpose of paragraph (1) --
"(A) the terms 'infants' and 'toddlers' mean children from
birth to age 2, inclusive, and
"(B) the term 'State' does not include the jurisdictions
described in subsection (a).
"(d) If any State elects not to receive its allotment under
subsection (c)(1), the Secretary shall reallot, among the remaining
States, amounts from such State in accordance with such subsection.
"SEC. 685. "20 USC 1485" There are authorized to be appropriated to
carry out this part $50,000,000 for fiscal year 1987, $75,000,000 for
fiscal year 1988, and such sums as may be necessary for each of the 3
succeeding fiscal years.".
(b) STUDY OF SERVICES; COORDINATION OF ACTIONS. "20 USC 1485 note"
-- (1) The Secretary of Education and the Secretary of Health and Human
Services shall conduct a joint study of Federal funding sources and
services for early intervention programs currently available and shall
jointly act to facilitate interagency coordination of Federal resources
for such programs and to ensure that funding available to handicapped
infants, toddlers, children, and youth from Federal programs, other than
programs under the Education of the Handicapped Act, "20 USC 1400" is
not being withdrawn or reduced.
(2) Not later than 18 months after the date of the enactment of this
Act, the Secretary of Education and the Secretary of Health and Human
Services shall submit a joint report to the Congress describing the
findings of the study conducted under paragraph (1) and describing the
joint action taken under that paragraph.
SEC. 201. PRE-SCHOOL GRANTS.
(a) AMENDMENT. -- Section 619 of the Act (20 U.S.C. 1419) is amended
to read as follows:
"SEC. 619.(a)(1) For fiscal years 1987 through 1989 (or fiscal year
1990 if the Secretary makes a grant under this paragraph for such fiscal
year) the Secretary shall make a grant to any State which --
"(A) has met the eligibility requirements of section 612, "20
USC 1412"
"(B) has a State plan approved under section 613, "20 USC 1413"
and
"(C) provides special education and related services to
handicapped children aged three to five, inclusive.
"(2)(A) For fiscal year 1987 the amount of a grant to a State under
paragraph (1) may not exceed --
"(i) $300 per handicapped child aged three to five, inclusive,
who received special education and related services in such State
as determined under section 611(a)(3), "20 USC 1411" or
"(ii) if the amount appropriated under subsection (e) exceeds
the product of $300 and the total number of handicapped children
aged three to five, inclusive, who received special education and
related services as determined under section 611(a)(3) --
"(I) $300 per handicapped child aged three to five, inclusive,
who received special education and related services in such State
as determined under section 611(a)(3), plus
"(II) an amount equal to the portion of the appropriation
available after allocating funds to all States under subclause (I)
(the excess appropriation) divided by the estimated increase, from
the preceding fiscal year, in the number of handicapped children
aged three to five, inclusive, who will be receiving special
education and related services in all States multiplied by the
estimated number of such children in such State.
"(B) For fiscal year 1988, funds shall be distributed in accordance
with clause (i) or (ii) of paragraph (2)(A), except that the amount
specified therein shall be $400 instead of $300.
"(C) For fiscal year 1989, funds shall be distributed in accordance
with clause (i) or (ii) of paragraph (2)(A), except that the amount
specified therein shall be $500 instead of $300.
"(D) If the Secretary makes a grant under paragraph (1) for fiscal
year 1990, the amount of a grant to a State under such paragraph may not
exceed $1,000 per handicapped child aged three to five, inclusive, who
received special education and related services in such State as
determined under section 611(a)(3). "20 USC 1411"
"(E) If the actual number of additional children served in a fiscal
year differs from the estimate made under clause (ii)(II) of the
applicable subparagraph, subparagraph (A)(ii)(II), the Secretary shall
adjust (upwards or downwards) a State's allotment in the subsequent
fiscal year.
"(F)(i) The amount of a grant under subparagraph (A), (B), or (C) to
any State for a fiscal year may not exceed $3,800 per estimated
handicapped child aged three to five, inclusive, who will be receiving
or handicapped child, age three to five, inclusive, who is receiving
special education and related services in such State.
"(ii) If the amount appropriated under subsection (e) for any fiscal
year exceeds the amount of grants which may be made to the States for
such fiscal year, the excess amount appropriated shall remain available
for obligation under this section for 2 succeeding fiscal years.
"(3) To receive a grant under paragraph (1) a State shall make an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
"(b)(1) For fiscal year 1990 (or fiscal year 1991 if required by
paragraph (2)) and fiscal years thereafter the Secretary shall make a
grant to any State which --
"(A) has met the eligibility requirements of section 612, and
"(B) has a State plan approved under section 613 which includes
policies and procedures that assure the availability under the
State law and practice of such State of a free appropriate public
education for all handicapped children aged three to five,
inclusive.
"(2) The Secretary may make a grant under paragraph (1) only for
fiscal year 1990 and fiscal years thereafter, except that if --
"(A) the aggregate amount that was appropriated under
subsection (e) for fiscal years 1987, 1988, and 1989 was less than
$656,000,000, and
"(B) the amount appropriated for fiscal year 1990 under
subsection (e) is less than $306,000,000,
the Secretary may not make a grant under paragraph (1) until fiscal
year 1991 and shall make a grant under subsection (a)(1) for fiscal year
1990.
"(3) The amount of any grant to any State under paragraph (1) for any
fiscal year may not exceed $1,000 for each handicapped child in such
State aged three to five, inclusive.
"(4) To receive a grant under paragraph (1) a State shall make an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
"(c)(1) For fiscal year 1987, a State which received a grant under
subsection (a)(1) shall --
"(A) distribute at least 70 percent of such grant to local
educational agencies and intermediate educational units in such
State in accordance with paragraph (3), except that in applying
such section only handicapped children aged three to five,
inclusive, shall be considered,
"(B) use not more than 25 percent of such grant for the
planning and development of a comprehensive delivery system for
which a grant could have been made under section 623(b) in effect
through fiscal year 1987 and for direct and support services for
handicapped children, and
"(C) use not more than 5 percent of such grant for
administrative expenses related to the grant.
"(2) For fiscal years beginning after fiscal year 1987, a State which
received a grant under subsection (a)(1) or (b)(1) shall --
"(A) distribute at least 75 percent of such grant to local
educational agencies and intermediate educational units in such
State in accordance with paragraph (3), except that in applying
such section only handicapped children aged three to five,
inclusive, shall be considered,
"(B) use not more than 20 percent of such grant for the
planning and development of a comprehensive delivery system for
which a grant could have been made under section 623(b) in effect
through fiscal year 1987 and for direct and support services for
handicapped children, and
"(C) use not more than 5 percent of such grant for
administrative expenses related to the grant.
"(3) From the amount of funds available to local educational agencies
and intermediate educational units in any State under this section, each
local educational agency or intermediate educational unit shall be
entitled to --
"(A) an amount which bears the same ratio to the amount
available under subsection (a)(2)(A)(i) or subsection (a)(2)(A)(
ii)(I), as the case may be, as the number of handicapped children
aged three to five, inclusive, who received special education and
related services as determined under section 611(a)(3) "20 USC
1411" in such local educational agency or intermediate educational
unit bears to the aggregate number of handicapped children aged
three to five, inclusive, who received special education and
related services in all local educational agencies and
intermediate educational units in the State entitled to funds
under this section, and
"(B) to the extent funds are available under subsection (a)(
2)(A)(ii)(II), an amount which bears the same ratio to the amount
available under subsection (a)(2)(A)(ii)(II) as the estimated
number of additional handicapped children aged three to five,
inclusive, who will be receiving special education and related
services in such local educational agency or intermediate
educational unit bears to the aggregate number of handicapped
children aged three to five, inclusive, who will be receiving
special education and related services in all local educational
agencies and intermediate educational units in the State entitled
to funds under this section
"(d) If the sums appropriated under subsection (e) for any fiscal
year for making payments to States under subsection (a)(1) or (b)(1) are
not sufficient to pay in full the maximum amounts which all States may
receive under such subsection for such fiscal year, the maximum amounts
which all States may receive under such subsection for such fiscal year
shall be ratably reduced by first ratably reducing amounts computed
under the excess appropriation provision of subsection (a)(2)(
A)(ii)(II). If additional funds become available for making such
payments for any fiscal year during which the preceding sentence is
applicable, the reduced maximum amounts shall be increased on the same
basis as they were reduced.
"(e) For grants under subsections (a)(1) and (b)(1) there are
authorized to be appropriated such sums as may be necessary.".
(b) CONFORMING AMENDMENTS. --
(1) Section 611(a)(1)(A) of the Act (20 U.S.C. 1411(a)(1)(A))
is amended to read as follows:
"(A) the number of handicapped children aged 3-5, inclusive, in
a State who are receiving special education and related services
as determined under paragraph (3) if the State is eligible for a
grant under section 619 "20 USC 1419" and the number of
handicapped children aged 6-21, inclusive, in a State who are
receiving special education and related services as so
determined;".
(2)(A) Section 611(g)(1) of the Act is amended by striking out
"this part" each place it occurs and inserting in lieu thereof
"subsection (a)".
(B) Section 611(g)(1) of the Act is amended by inserting "under
subsection (h)" after "appropriated".
(C) Section 611(g)(2) of the Act is amended by striking out
"this part" the first place it occurs and inserting in lieu
thereof "this section".
(3) Section 611 of the Act is amended by adding at the end the
following:
"(h) For grants under subsection (a) there are authorized to be
appropriated such sums as may be necessary.".
(c) EFFECTIVE DATE. -- The amendment made by subsection (a) "20 USC
1419 note" shall take effect with respect to the school year 1987-1988.
SEC. 202. ELIGIBILITY FOR FINANCIAL ASSISTANCE.
Part A of the Act "20 USC 1400" is amended by adding at the end the
following:
"SEC. 609. Effective for fiscal years for which the Secretary may
make grants under section 619(b)(1), "20 USC 1408" no State or local
educational agency or intermediate educational unit or other public
institution or agency may receive a grant under parts C through G "20
USC 1421-1454" which relate exclusively to programs, projects, and
activities pertaining to children aged three to five, inclusive, unless
the State is eligible to receive a grant under section 619(b)(1).".
SEC. 203. SHARING OF COSTS OF FREE APPROPRIATE PUBLIC EDUCATION.
(a) ELIGIBILITY FOR SECTION 611 GRANTS. -- Section 612(6) of the Act
(20 U.S.C. 1412(6)) is amended by adding at the end the following:
"This paragraph shall not be construed to limit the responsibility of
agencies other than educational agencies in a State from providing or
paying for some or all of the costs of a free appropriate public
education to be provided handicapped children in the State.".
(b) STATE PLANS. --
(1) Section 613(a)(9) of the Act (20 U.S.C. 1413(a)(9)) is
amended to read as follows:
"(9) provide satisfactory assurance that Federal funds made
available under this part (A) will not be commingled with State
funds, and (B) will be so used as to supplement and increase the
level of Federal, State, and local funds (including funds that are
not under the direct control of State or local educational
agencies) expended for special education and related services
provided to handicapped children under this part and in no case to
supplant such Federal, State, and local funds, except that, where
the State provides clear and convincing evidence that all
handicapped children have available to them a free appropriate
public education, the Secretary may waive in part the requirement
of this clause if he concurs with the evidence provided by the
State;".
(2) Section 613(a) of the Act is amended by striking out "and"
at the end of paragraph (11), by striking out the period at the
end of paragraph (12) and inserting in lieu thereof a semicolon,
and by adding at the end the following:
"(13) set forth policies and procedures for developing and
implementing interagency agreements between the State educational
agency and other appropriate State and local agencies to (A)
define the financial responsibility of each agency for providing
handicapped children and youth with free appropriate public
education, and (B) resolve interagency disputes, including
procedures under which local educational agencies may initiate
proceedings under the agreement in order to secure reimbursement
from other agencies or otherwise implement the provisions of the
agreement.".
(3) Section 613 of the Act is amended by adding at the end the
following:
"(e) This Act shall not be construed to permit a State to reduce
medical and other assistance available to or alter eligibility under
titles V and XIX of the Social Security Act "42 USC 701, 1396" with
respect to the provision of a free appropriate public education for
handicapped children within the State; and".
SEC. 301. REGIONAL RESOURCE CENTERS.
Section 621 of the Act (20 U.S.C. 1421) is amended to read as
follows:
"SEC. 621.(a) The Secretary may make grants to, or enter into
contracts or cooperative agreements with, institutions of higher
education, public agencies, private nonprofit organizations, State
educational agencies, or combinations of such agencies or institutions
(which combinations may include one or more local educational agencies)
within particular regions of the United States, to pay all or part of
the cost of the establishment and operation of regional resource
centers. Each regional resource center shall provide consultation,
technical assistance, and training to State educational agencies and
through such State educational agencies to local educational agencies
and to other appropriate State agencies providing early intervention
services. The services provided by a regional resource center shall be
consistent with the priority needs identified by the States served by
the center and the findings of the Secretary in monitoring reports
prepared by the Secretary under section 617 of the Act. "20 USC 1417"
Each regional resource center established or operated under this section
shall --
"(1) assist in identifying and solving persistent problems in
providing quality special education and related services for
handicapped children and youth and early intervention services to
handicapped infants and toddlers and their familes,
"(2) assist in developing, identifying, and replicating
successful programs and practices which will improve special
education and related services to handicapped children and youth
and their families and early intervention services to handicapped
infants and toddlers and their families,
"(3) gather and disseminate information to all State
educational agencies within the region and coordinate activities
with other centers assisted under this subsection and other
relevant projects conducted by the Department of Education,
"(4) assist in the improvement of information dissemination to
and training activities for professionals and parents of
handicapped infants, toddlers, children, and youth, and
"(5) provide information to and training for agencies,
institutions, and organizations, regarding techniques and
approaches for submitting applications for grants, contracts, and
cooperative agreements under this part and parts D through G. "20
USC 1422-1454"
"(b) In determining whether to approve an application for a project
under subsection (a), the Secretary shall consider the need for such a
center in the region to be served by the applicant and the capability of
the applicant to fulfill the responsibilities under subsection (a).
"(c) Each regional resource center shall report a summary of
materials produced or developed and the summaries reported shall be
included in the annual report to Congress required under section 618.
"20 USC 1418"
"(d) The Secretary may establish one coordinating technical
assistance center focusing on national priorities established by the
Secretary to assist the regional resource centers in the delivery of
technical assistance, consistent with such national priorities.
"(e) Before using funds made available in any fiscal year to carry
out this section for purposes of subsection (d), not less than the
amount made available for this section in the previous fiscal year shall
be made available for regional resource centers under subsection (a) and
in no case shall more than $500,000 be made available for the center
under subsection (d).".
SEC. 302. SERVICES FOR DEAF-BLIND CHILDREN AND YOUTH.
Section 622 "20 USC 1422" is amended by adding at the end thereof the
following new subsections:
"(e) The Secretary is authorized to make grants to, or enter into
contracts or cooperative agreements with, public or nonprofit private
agencies, institutions, or organizations for the development and
operation of extended school year demonstration programs for severely
handicapped children and youth, including deaf-blind children and youth.
"(f) The Secretary may make grants to, or enter into contracts or
cooperative agreements with, the entities under section 624(a) for the
purposes in such section.".
SEC. 303. EARLY EDUCATION FOR HANDICAPPED CHILDREN.
Section 623 of the Act (20 U.S.C. 1423) is amended to read as
follows:
"SEC. 623.(a)(1) The Secretary may arrange by contract, grant, or
cooperative agreement with appropriate public agencies and private
nonprofit organizations, for the development and operation of
experimental, demonstration, and outreach preschool and early
intervention programs for hanciapped children which the Secretary
determines show promise of promoting a comprehensive and strengthened
approach to the special problems of such children. Such programs shall
include activities and services designed to (1) facilitate the
intellectual, emotional, physical, mental, social, speech, language
development, and self-help skills of such children, (2) encourage the
participation of the parents of such children in the development and
operation of any such program, and (3) acquaint the community to be
served by any such program with the problems and potentialities of such
children, (4) offer training about exemplary models and practices to
State and local personnel who provide services to handicapped children
from birth through eight, and (5) support the adaption of exemplary
models and practices in States and local communities.
"(2) Programs authorized by paragraph (1) shall be coordinated with
similar programs in the schools operated or supported by State or local
educational agencies of the community to be served and with similar
programs operated by other public agencies in such community.
"(3) As much as is feasible, programs assisted under paragraph (1)
shall be geographically dispersed throughout the Nation in urban as well
as rural areas.
"(4)(A) Except as provided in subparagraph (B), no arrangement under
paragraph (1) shall provide for the payment of more than 90 percent of
the total annual costs of development, operation, and evaluation of any
program. Non-Federal contributions may be in cash or in kind, fairly
evaluated, including plant, equipment, and services.
"(B) The Secretary may waive the requirement of subparagraph (A) in
the case of an arrangement entered into under paragraph (1) with
governing bodies of Indian tribes located on Federal or State
reservations and with consortia of such bodies.
"(b) The Secretary shall arrange by contract, grant, or cooperative
agreement with appropriate public agencies and private nonprofit
organizations for the establishment of a technical assistance
development system to assist entities operating experimental,
demonstration, and outreach programs and to assist State agencies to
expand and improve services provided to handicapped children.
"(c) The Secretary shall arrange by contract, grant, or cooperative
agreement with appropriate public agencies and private nonprofit
organizations for the establishment of early childhood research
institutes to carry on sustained research to generate and disseminate
new information on preschool and early intervention for handicapped
children and their families.
"(d) The Secretary may make grants to, enter into contracts or
cooperative agreements under this section with, such organizations or
institutions, as are determined by the Secretary to be appropriate, for
research to identify and meet the full range of special needs of
handicapped children and for training of personnel for programs
specifically designed for handicapped children.
"(e) At least one year before the termination of a grant, contract,
or cooperative agreement made or entered into under subsections (b) and
(c), the Secretary shall publish in the Federal Register a notice of
intent to accept application for such a grant, contract, or cooperative
agreement contingent on the appropriation of sufficient funds by
Congress.
"(f) For purposes of this section the term 'handicapped children'
includes children from birth through eight years of age.".
SEC. 304. PROGRAMS FOR SEVERELY HANDICAPPED CHILDREN.
Section 624 of the Act (20 U.S.C. 1424) is amended to read as
follows:
"SEC. 624.(a) The Secretary may make grants to, or enter into
contracts or cooperative agreements with, such organizations or
institutions, as are determined by the Secretary to be appropriate, to
address the needs of severely handicapped children and youth, for --
"(1) research to identify and meet the full range of special
needs of such handicapped children and youth,
"(2) the development or demonstration of new, or improvements
in, existing, methods, approaches, or techniques which would
contribute to the adjustment and education of such handicapped
children and youth,
"(3) training of personnel for programs specifically designed
for such children, and
"(4) dissemination of materials and information about practices
found effective in working with such children and youth.
"(b) In making grants and contracts under subsection (a), the
Secretary shall ensure that the activities funded under such grants and
contracts will be coordinated with similar activities funded from grants
and contracts under other sections of this Act.
"(c) To the extent feasible, programs, authorized by subsection (a)
shall be geographically dispersed throughout the nation in urban and
rural areas.".
SEC. 305. POSTSECONDARY EDUCATION PROGRAMS.
Section 625 "20 USC 1424a" is amended to read as follows:
"SEC. 625.(a)(1) The Secretary may make grants to, or enter into
contracts with, State educational agencies, institutions of higher
education, junior and community colleges, vocational and technical
institutions, and other appropriate nonprofit educational agencies for
the development, operation, and dissemination of specially designed
model programs of postsecondary, vocational, technical, continuing, or
adult education for handicapped individuals.
"(2) In making grants or contracts on a competitive basis under
paragraph (1), the Secretary shall give priority consideration to 4
regional centers for the deaf and to model programs for individuals with
handicapping conditions other than deafness --
"(A) for developing and adapting programs of postsecondary,
vocational, technical, continuing, or adult education to meet the
special needs of handicapped individuals, and
"(B) for programs that coordinate, facilitate, and encourage
education of handicapped individuals with their nonhandicapped
peers.
"(3) Persons operating programs for handicapped persons under a grant
or contract under paragraph (1) must coordinate their efforts with and
disseminate information about their activities to the clearinghouse on
postsecondary programs established under section 633( b). "20 USC 1433"
"(4) At least one year before the termination of a grant or contract
with any of the 4 regional centers for the deaf, the Secretary shall
publish in the Federal Register a notice of intent to accept application
for such grant or contract, contingent on the appropriation of
sufficient funds by Congress.
"(5) To the extent feasible, programs authorized by paragraph (1)
shall be geographically dispensed throughout the nation in urban and
rural areas.
"(6) Of the sums made available for programs under paragraph (1), not
less than $2,000,000 shall first be available for the 4 regional centers
for the deaf.
"(b) For the purposes of subsection (a) the term 'handicapped
individuals' means individuals who are mentally retarded, hard of
hearing, deaf, speech or language impaired, visually handicapped,
seriously emotionally disturbed, orthopedically impaired, other health
impaired individuals, or individuals with specific learning disabilities
who by reason thereof require special education and related services.".
SEC. 306. SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR
HANDICAPPED YOUTH.
Section 626 of the Act "20 USC 1425" is amended to read as follows:
"SEC. 626.(a) The Secretary may make grants to, or enter into
contracts with, institutions of higher education, State educational
agencies, local educational agencies, or other appropriate public and
private nonprofit institutions or agencies (including the State job
training coordinating councils and service delivery area administrative
entities established under the Job Training Partnership Act (Public Law
97-300)) "29 USC 1501 note" to --
"(1) strengthen and coordinate special education and related
services for handicapped youth currently in school or who recently
left school to assist them in the transition to postsecondary
education, vocational training, competitive employment (including
supported employment), continuing education, or adult services,
"(2) stimulate the improvement and development of programs for
secondary special education, and
"(3) stimulate the improvement of the vocational and life
skills of handicapped students to enable them to be better
prepared for transition to adult life and services.
To the extent feasible, such programs shall be geographically
dispersed through the Nation in urban and rural areas.
"(b) Projects assisted under subsection (a) may include --
"(1) developing strategies and techniques for transition to
independent living, vocational training, vocational
rehabilitation, postsecondary education, and competitive
employment (including supported employment) for handicapped youth,
"(2) establishing demonstration models for services, programs,
and individualized education programs, which emphasize vocational
training, transitional services, and placement for handicapped
youth,
"(3) conducting demographic studies which provide information
on the numbers, age levels, types of handicapping conditions, and
services required for handicapped youth in need of transitional
programs,
"(4) specially designed vocational programs to increase the
potential for competitive employment for handicapped youth,
"(5) research and development projects for exemplary service
delivery models and the replication and dissemination of
successful models,
"(6) initiating cooperative models between educational agencies
and adult service agencies, including vocational rehabilitation,
mental health, mental retardation, public employment, and
employers, which facilitate the planning and developing of
transitional services for handicapped youth to postsecondary
education, vocational training, employment, continuing education,
and adult services,
"(7) developing appropriate procedures for evaluating
vocational training, placement, and transitional services for
handicapped youth,
"(8) conducting studies which provide information on the
numbers, age levels, types of handicapping conditions and reasons
why handicapped youth drop out of school,
"(9) developing special education curriculum and instructional
techniques that will improve handicapped students' acquisition of
the skills necessary for transition to adult life and services,
and
"(10) specifically designed physical education and therapeutic
recreation programs to increase the potential of handicapped
youths for community participation.
"(c) For purposes of paragraphs (1) and (2) of subsection (b), if an
applicant is not an educational agency, such applicant shall coordinate
with the State educational agency.
"(d) Applications for assistance under subsection (a) other than for
the purpose of conducting studies or evaluations shall --
"(1) describe the procedures to be used for disseminating
relevant findings and data to regional resource centers,
clearinghouses, and other interested persons, agencies, or
organizations,
"(2) describe the procedures that will be used for coordinating
services among agencies for which handicapped youth are or will be
eligible, and
"(3) to the extent appropriate, provide for the direct
participation of handicapped students and the parents of
handicapped students in the planning, development, and
implementation of such projects.
"(e) The Secretary is authorized to make grants to, or to enter into
contracts or cooperative agreements with, such organizations or
institutions as are determined by the Secretary to be appropriate for
the development or demonstration of new or improvements in existing
methods, approaches, or techniques which will contribute to the
adjustment and education of handicapped children and youth and the
dissemination of materials and information concerning practices found
effective in working with such children and youth.
"(f) The Secretary, as appropriate, shall coordinate programs
described under subsection (a) with projects developed under section 311
of the Rehabilitation Act of 1973.". "29 USC 777a"
SEC. 307. AUTHORIZATION
Section 628 "20 USC 1427" is amended to read as follows:
"SEC. 628.(a) There are authorized to be appropriated to carry out
section 621, $6,700,000 for fiscal year 1987, $7,100,000 for fiscal year
1988, and $7,500,000 for fiscal year 1989.
"(b) There are authorized to be appropriated to carry out section
622, $15,900,000 for fiscal year 1987, $16,800,000 for fiscal year 1988,
and $17,800,000 for fiscal year 1989.
"(c) There are authorized to be appropriated to carry out section
623, $24,470,000 for fiscal year 1987, $25,870,000 for fiscal year 1988,
and $27,410,000 for fiscal year 1989.
"(d) There are authorized to be appropriated to carry out section
624, $5,300,000 for fiscal year 1987, $5,600,000 for fiscal year 1988,
and $5,900,000 for fiscal year 1989.
"(e) There are authorized to be appropriated to carry out section
625, $5,900,000 for fiscal year 1987, $6,200,000 for fiscal year 1988,
and $6,600,000 for fiscal year 1989.
"(f) There are authorized to be appropriated to carry out section
626, $7,300,000 for fiscal year 1987, $7,700,000 for fiscal year 1988,
and $8,100,000 for fiscal year 1989.".
SEC. 308. GRANTS FOR PERSONNEL TRAINING.
Section 631 of the Act (20 U.S.C. 1431) is amended to read as
follows:
"SEC. 631.(a)(1) The Secretary may make grants, which may include
scholarships with necessary stipends and allowances, to institutions of
higher education (including the university-affiliated facilities program
under the Rehabilitation Act of 1973 "29 USC 701 note" and satellite
network of the developmental disabilities program) and other appropriate
nonprofit agencies to assist them in training personnel for careers in
special education and early intervention, including --
"(A) special education teaching, including speech-language
pathology and audiology, and adaptive physical education,
"(B) related services to handicapped children and youth in
educational settings,
"(C) special education supervision and administration,
"(D) special education research, and
"(E) training of special education personnel and other
personnel providing special services and pre-school and early
intervention services for handicapped children.
"(2)(A) In making grants under paragraph (1), the Secretary shall
base the determination of such grants on information relating to the
present and projected need for the personnel to be trained based on
identified State, regional, or national shortages, and the capacity of
the institution or agency to train qualified personnel, and other
information considered appropriate by the Secretary.
"(B) The Secretary shall ensure that grants are only made under
paragraph (1) to applicant agencies and institutions that meet State and
professionally recognized standards for the preparation of special
education and related services personnel unless the grant is for the
purpose of assisting the applicant agency or institution to meet such
standards.
"(3) Grants under paragraph (1) may be used by institutions to assist
in covering the cost of courses of training or study for such personnel
and for establishing and maintaining fellowships or traineeships with
such stipends and allowances as may be determined by the Secretary.
"(4) The Secretary in carrying out paragraph (1) may reserve a sum
not to exceed 5 percent of the amount available for paragraph (1) in
each fiscal year for contracts to prepare personnel in areas where
shortages exist when a response to that need has not been adequately
addressed by the grant process.
"(b) The Secretary may make grants to institutions of higher
education and other appropriate nonprofit agencies to conduct special
projects to develop and demonstrate new approaches (including the
application of new technology) for the preservice training purposes set
forth in subsection (a), for regular educators, for the training of
teachers to work in community and school settings with handicapped
secondary school students, and for the inservice training of special
education personnel, including classroom aides, related services
personnel, and regular education personnel who serve handicapped
children and personnel providing early intervention services.
"(c)(1) The Secretary may make grants through a separate competition
to private nonprofit organizations for the purpose of providing training
and information to parents of handicapped children and persons who work
with parents to enable such individuals to participate more effectively
with professionals in meeting the educational needs of handicapped
children. Such grants shall be designed to meet the unique training and
information needs of parents of handicapped children living in the area
to be served by the grant, particularly those who are members of groups
that have been traditionally underrepresented.
"(2) In order to receive a grant under paragraph (1) a private
nonprofit organization shall --
"(A) be governed by a board of directors on which a majority of
the members are parents of handicapped children and which includes
members who are professionals in the field of special education
and related services who serve handicapped children and youth, or
if the nonprofit private organization does not have such a board,
such organization shall have a membership which represents the
interests of individuals with handicapping conditions, and shall
establish a special governing committee on which a majority of the
members are parents of handicapped children and which includes
members who are professionals in the fields of special education
and related services, to operate the training and information
program under paragraph (1),
"(B) serve the parents of children with the full range of
handicapping conditions under such grant program, and
"(C) demonstrate the capacity and expertise to conduct
effectively the training and information activities for which a
grant may be made under paragraph (1).
"(3) The board of directors or special governing committee of a
private nonprofit organization receiving a grant under paragraph (1)
shall meet at least once in each calendar quarter to review the parent
training and information activities for which the grant is made, and
each such committee shall advise the governing board directly of its
views and recommendations. Whenever a private nonprofit organization
requests the renewal of a grant under paragraph (1) for a fiscal year,
the board of directors or the special governing committee shall submit
to the Secretary a written review of the parent training and information
program conducted by that private nonprofit organization during the
preceding fiscal year.
"(4) The Secretary shall ensure that grants under paragraph (1) will
--
"(A) be distributed geographically to the greatest extent
possible throughout all the States and give priority to grants
which involve unserved areas, and
"(B) be targeted to parents of handicapped children in both
urban and rural areas or on a State or regional basis.
"(5) Parent training and information programs assisted under
paragraph (1) shall assist parents to --
"(A) better understand the nature and needs of the handicapping
conditions of children,
"(B) provide followup support for handicapped children's
educational programs,
"(C) communicate more effectively with special and regular
educators, administrators, related services personnel, and other
relevant professionals,
"(D) participate in educational decisionmaking processes
including the development of a handicapped child's individualized
educational program,
"(E) obtain information about the programs, services, and
resources available to handicapped children and the degree to
which the programs, services, and resources are appropriate, and
"(F) understand the provisions for the education of handicapped
children as specified under part B of this Act. "20 USC 1411"
"(6) Parent training and information programs may, at a grant
recipient's discretion, including State or local educational personnel
where such participation will further an objective of the program
assisted by the grant.
"(7) Each private nonprofit organization operating a program
receiving a grant under paragraph (1) shall consult with appropriate
agencies which serve or assist handicapped children and youth and are
located in the jurisdictions served by the program.
"(8) The Secretary shall provide technical assistance, by grant or
contract, for establishing, developing,and coordinating parent training
and information programs.".
SEC. 309. GRANTS FOR STATE EDUCATIONAL AGENCIES AND INSTITUTIONS FOR
TRAINEESHIPS.
Section 632 of the Act (20 U.S.C. 1432) is amended to read as
follows:
"SEC. 632. The Secretary shall make grants to each State educational
agency and may make grants to institutions of higher education to assist
in establishing and maintaining preservice and inservice programs to
prepare personnel to meet the needs of handicapped infants, toddlers,
children, and youth or supervisors of such persons, consistent with the
personnel needs identified in the State's comprehensive system of
personnel development under section 613.".
SEC. 310. CLEARINGHOUSES.
(a) IN GENERAL. -- Subsection (a) of section 633 of the Act (20 U.S.
C. 1433) is amended by striking out "to achieve" and all that follows in
that subsection and inserting in lieu thereof the following: "to
disseminate information and provide technical assistance on a national
basis to parents, professionals, and other interested parties concerning
--
"(1) programs relating to the education of the handicapped
under this Act and under other Federal laws, and
"(2) participation in such programs, including referral of
individuals to appropriate national, State, and local agencies and
organizations for further assistance.".
(b) ADDITIONAL CLEARINGHOUSE. -- Section 633 of the Act is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following:
"(c) The Secretary shall make a grant or enter into a contract for a
national clearinghouse designed to encourage students to seek careers
and professional personnel to seek employment in the various fields
relating to the education of handicapped children and youth through the
following:
"(1) Collection and dissemination of information on current and
future national, regional, and State needs for special education
and related services personnel.
"(2) Dissemination to high school counselors and others
concerning current career opportunities in special education,
location of programs, and various forms of financial assistance
(such as scholarships, stipends, and allowances).
"(3) Identification of training programs available around the
country.
"(4) Establishment of a network among local and State
educational agencies and institutions of higher education
concerning the supply of graduates and available openings.
"(5) Technical assistance to institutions seeking to meet State
and professionally recognized standards.".
(c) TECHNICAL AMENDMENT. -- The heading for section 633 of the Act
is amended to read as follows:
SEC. 311. AUTHORIZATION.
Section 635 of the Act (20 U.S.C. 1435) is amended to read as
follows:
"SEC. 635.(a) There are authorized to be appropriated to carry out
this part (other than section 633) $70,400,000 for fiscal year 1987,
$74,500,000 for fiscal year 1988, and $79,000,000 for fiscal year 1989.
There are authorized to be appropriated to carry out section 633,
$1,200,000 for fiscal year 1987, $1,900,000 for fiscal year 1988, and
$2,000,000 for fiscal year 1989.
"(b) Of the funds appropriated pursuant to subsection (a) for any
fiscal year, the Secretary shall reserve not less than 65 per centum for
activities described in subparagraphs (A) through (E) of section
631(a)(1).
"(c) Of the funds appropriated under subsection (a) for any fiscal
year, the Secretary shall reserve 10 percent for activities under
section 631(c).".
SEC. 312. RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF
HANDICAPPED CHILDREN.
Section 641 of the Act (20 U.S.C. 1441) is amended to read as
follows:
"SEC. 641.(a) The Secretary may make grants to, or enter into
contracts or cooperative agreements with, State and local educational
agencies, institutions of higher education, and other public agencies
and nonprofit private organizations for research and related activities
to assist special education personnel, related services personnel, early
intervention personnel, and other appropriate persons, including
parents, in improving the special education and related services and
early intervention services for handicapped infants, toddlers, children,
and youth, and to conduct research, surveys, or demonstrations relating
to the provision of services to handicapped infants, toddlers, children,
and youth. Research and related activities shall be designed to
increase knowledge and understanding of handicapping conditions and
teaching, learning, and education-related developmental practices and
services for handicapped infants, toddlers, children and youth.
Research and related activities assisted under this section shall
include the following:
"(1) The development of new and improved techniques and devices
for teaching handicapped infants, toddlers, children and youth.
"(2) The development of curricula which meet the unique
educational and developmental needs of handicapped infants,
toddlers, children and youth.
"(3) The application of new technologies and knowledge for the
purpose of improving the instruction of handicapped infants,
toddlers, children and youth.
"(4) The development of program models and exemplary practices
in areas of special education and early intervention.
"(5) The dissemination of information on research and related
activities conducted under this part to regional resource centers
and interested individuals and organizations.
"(6) The development of instruments, including tests,
inventories, and scales for measuring progress of handicapped
infants, toddlers, children and youth across a number of
developmental domains.
"(b) In carrying out subsection (a), the Secretary shall consider the
special education or early intervention experience of applicants under
such subsection.
"(c) The Secretary shall publish proposed research priorities in the
Federal Register every 2 years, not later than July 1, and shall allow a
period of 60 days for public comments and suggestions. After analyzing
and considering the public comments, the Secretary shall publish final
research priorities in the Federal Register not later than 30 days after
the close of the comment period.
"(d) The Secretary shall provide an index (including the title of
each research project and the name and address of the researching
organization) of all research projects conducted in the prior fiscal
year in the annual report described under section 618. The Secretary
shall make reports of research projects available to the education
community at large and to other interested parties.
"(e) The Secretary shall coordinate the research priorities
established under subsection (c) with research priorities established by
the National Institute of Handicapped Research and shall provide
information concerning research priorities established under such
subsection to the National Council on the Handicapped, and to the Bureau
of Indian Affairs Advisory Committee for Exceptional Children.".
SEC. 313. PANELS AND EXPERTS.
Section 643 of the Act (20 U.S.C. 1443) is amended to read as
follows:
"SEC. 643.(a) The Secretary shall convene, in accordance with
subsection (b), panels of experts who are competent to evaluate
proposals for projects under parts C through G. "20 USC 1421-1454" The
panels shall be composed of --
"(1) individuals from the field of special education for the
handicapped and other relevant disciplines who have significant
expertise and experience in the content areas and age levels
addressed in the proposals, and
"(2) handicapped individuals and parents of handicapped
individuals when appropriate.
"(b)(1) The Secretary shall convene panels under subsection (a) for
any application which includes a total funding request exceeding $60,000
and may convene or otherwise appoint panels for applications which
include funding requests that are less than such amount.
"(2) Such panels shall include a majority of non-Federal members.
Such non-Federal members shall be provided travel and per diem not to
exceed the rate provided to other educational consultants used by the
Department and shall be provided consultant fees at such a rate.
"(c) The Secretary may use funds available under parts C through G to
pay expenses and fees of non-Federal members under subsection (b).".
"20 USC 1421-1454"
SEC. 314. AUTHORIZATION.
Section 644 of the Act (20 U.S.C. 1444) is amended to read as
follows:
"SEC. 644. For purposes of carrying out this part, there are
authorized to be appropriated $18,000,000 for fiscal year 1987,
$19,000,000 for fiscal year 1988, and $20,100,000 for fiscal year
1989.".
SEC. 315. CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED
PERSONS.
(a) ILLITERACY. -- Subsection (a) of section 652 of the Act (20 U.
S.C. 1452) is amended --
(1) by striking out "in accordance with regulations" and
inserting in lieu thereof ", including for the purpose of
addressing problems of illiteracy among the handicapped",
(2) by inserting after "available" the following: ", in
accordance with regulations,".
(b) AUTHORIZED USES. -- (1) Subsection (b)(4) of section 652 of the
Act is amended by inserting after "handicapped" the following: ",
public libraries,".
(2) Subsection (b)(7) is amended by striking the period and inserting
in lieu thereof "; and", and by adding the following:
"(8) provide by grant or contract for educational media and
materials for the deaf.".
(c) NATIONAL THEATRE OF THE DEAF. -- Section 652 of the Act is
amended by adding at the end the following:
"(c) The Secretary may make grants to or enter into contracts or
cooperative agreements with the National Theatre of the Deaf, Inc. for
the purpose of providing theatrical experiences to --
"(1) enrich the lives of deaf children and adults,
"(2) increase public awareness and understanding of deafness
and of the artistic and intellectual achievements of deaf people,
and
"(3) promote the integration of hearing and deaf people through
shared cultural experiences.".
SEC. 316. AUTHORIZATION
Section 653 of the Act (20 U.S.C. 1453) is repealed and section 654
of the Act (20 U.S.C. 1454) is redesignated as section 653 and amended
to read as follows:
"SEC. 653. "20 USC 1454" For the purposes of carrying out this part,
there are authorized to be appropriated $15,000,000 for fiscal year
1987, $15,750,000 for fiscal year 1988, and $16,540,000 for fiscal year
1989.".
SEC. 317. TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR THE
HANDICAPPED.
The Act "20 USC 1451" is amended by adding after part F the
following:
"SEC. 661. "20 USC 1461" The Secretary may make grants or enter into
contracts or cooperative agreements with institutions of higher
education, State and local educational agencies, or other appropriate
agencies and organizations for the purpose of advancing the use of new
technology, media, and materials in the education of handicapped
students and the provision of early intervention to handicapped infants
and toddlers. In carrying out this subsection, the Secretary may fund
projects or centers for the purposes of --
"(1) determining how technology, media, and materials are being
used in the education of the handicapped and how they can be used
more effectively,
"(2) designing and adapting new technology, media, and
materials to improve the education of handicapped students,
"(3) assisting the public and private sectors in the
development and marketing of new technology, media, and materials
for the education of the handicapped, and
"(4) disseminating information on the availability and use of
new technology, media, and materials for the education of the
handicapped.
"SEC. 662. "20 USC 1462" For the purposes of carrying out this part,
there are authorized to be appropriated $10,000,000 for fiscal year
1987, $10,500,000 for fiscal year 1988, and $11,025,000 for fiscal year
1989."
SEC. 401. REMOVAL OF ARCHITECTURAL BARRIERS.
Section 607(a) of the Act (20 U.S.C. 1406) is amended by inserting
"with the Secretary of the Interior and" after "cooperative agreements".
SEC. 402. DEFINITIONS.
Section 602(a) of the Act (20 U.S.C. 1401(a)) is amended --
(1) in paragraph (11), by striking out "and" at the end of
subparagraph (D), by striking out the period at the end of
subparagraph (E) and inserting in lieu thereof "; and", and by
adding at the end the following:
"(F) The term includes community colleges receiving funding
from the Secretary of the Interior under Public Law 95-471.", "25
USC 1801 note" and
(2) by adding at the end the following:
"(23)(A) The term 'public or private nonprofit agency or
organization' includes an Indian tribe.
"(B) The terms 'Indian', 'American Indian', and 'Indian American'
mean an individual who is a member of an Indian tribe.
"(C) The term 'Indian tribe' means any Federal or State Indian tribe,
band, rancheria, pueblo, colony, or community, including any Alaskan
native village or regional village corporation (as defined in or
established under the Alaska Native Claims Settlement Act).". "43 USC
1601 note"
SEC. 403. ALLOCATION; STATE ADMINISTRATION.
(a) ALLOCATION. -- Section 611(a)(5)(A) of the Act (20 U.S.C. 1411(
a)(5)(A)) is amended to read as follows:
"(5)(A) In determining the allotment of each State under paragraph
(1), the Secretary may not count --
"(i) handicapped children aged three to seventeen, inclusive,
in such State under paragraph (1)(A) to the extent the number of
such children is greater than 12 percent of the number of all
children aged three to seventeen, inclusive, in such State and the
State serves all handicapped children aged three to five,
inclusive, in the State pursuant to State law or practice or the
order of any court,
"(ii) handicapped children aged five to seventeen, inclusive,
in such State under paragraph (1)(A) to the extent the number of
such children is greater than 12 percent of the number of all
children aged five to seventeen, inclusive, in such State and the
State does not serve all handicapped children aged three to five,
inclusive, in the State pursuant to State law or practice on the
order of any court; and
"(iii) handicapped children who are counted under section 121
of the Elementary and Secondary Education Act of 1965.". "20 USC
2731"
(b) STATE ADMINISTRATION. -- Section 611(c)(2)(A)(ii) of the Act (20
U.S.C. 1411(c)(2)(A)(ii)) is amended to read as follows:
"(ii) the part remaining after use in accordance with clause
(i) shall be used by the State (I) to provide support services and
direct services in accordance with the priorities established
under section 612(3), "20 USC 1412" and (II) for the
administrative costs of monitoring and complaint investigation but
only to the extent that such costs exceed the costs of
administration incurred during fiscal year 1985.".
SEC. 404. INDIANS.
Subsection (f) of section 611 of such Act (20 U.S.C. 1411) is amended
to read as follows:
"(f)(1) The Secretary shall make payments to the Secretary of the
Interior according to the need for assistance for the education of
handicapped children on reservations serviced by elementary and
secondary schools operated for Indian children by the Department of the
Interior. The amount of such payment for any fiscal year shall be 1.25
percent of the aggregate amounts available to all States under this
section for that fiscal year.
"(2) The Secretary of the Interior may receive an allotment under
paragraph (1) only after submitting to the Secretary an application
which --
"(A) meets the applicable requirements of sections 612, 613,
and 614(a), "20 USC 1412"
"(B) includes satisfactory assurance that all handicapped
children aged 3 to 5, inclusive receive a free appropriate public
education by or before the 1987-1988 school year, "20 USC 1414"
"(C) includes an assurance that there are public hearings,
adequate notice of such hearings, and an opportunity for comment
afforded to members of tribes, tribal governing bodies, and
designated local school boards before adoption of the policies,
programs, and procedures required under sections 612, 613, and
614(a), and
"(D) is approved by the Secretary.
Section 616 "20 USC 1416" shall apply to any such application.".
SEC. 405. QUALIFIED PERSONNEL.
Section 613(a) of the Act (20 U.S.C. 1413) is amended by inserting at
the end thereof the following:
"(14) policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel necessary to
carry out the purposes of this part are appropriately and
adequately prepared and trained, including--
"(A) the establishment and maintenance of standards which are
consistent with any State approved or recognized certification,
licensing, registration, or other comparable requirements which
apply to the area in which he or she is providing special
education or related services, and
"(B) to the extent such standards are not based on the highest
requirements in the State applicable to a specific profession or
discipline, the steps the State is taking to require the
retraining or hiring of personnel that meet appropriate
professional requirements in the State.".
SEC. 406. EVALUATION.
Section 618 of the Act (20 U.S.C. 1418) is amended to read as
follows:
"SEC. 618.(a) The Secretary shall directly or by grant, contract, or
cooperative agreement, collect data and conduct studies, investigations,
and evaluations --
"(1) to assess progress in the implementation of this Act, the
impact, and the effectiveness of State and local efforts and
efforts by the Secretary of Interior to provide free appropriate
public education to all handicapped children and youth and early
intervention services to handicapped infants and toddlers, and
"(2) to provide --
"(A) Congress with information relevant to policymaking, and
"(B) Federal, State, and local agencies and the Secretary of
Interior with information relevant to program management,
administration, and effectiveness with respect to such education
and early intervention services.
"(b) In carrying out subsection (a), the Secretary, on at least an
annual basis, shall obtain data concerning programs and projects
assisted under this Act and under other Federal laws relating to
handicapped infants, toddlers, children, and youth, and such additional
information, from State and local educational agencies, the Secretary of
Interior, and other appropriate sources, as is necessary for the
implementation of this Act including --
"(1) the number of handicapped infants, toddlers, children, and
youth in each State receiving a free appropriate public education
or early intervention services (A) in age groups 0-2 and 3-5, and
(B) in age groups 6-11, 12-17, and 18-21 by disability category,
"(2) the number of handicapped children and youth in each State
who are participating in regular educational programs (consistent
with the requirements of sections 612(5)(B) and 614( a)(1)(C)(iv))
"20 USC 1412, 1414" by disability category, and the number of
handicapped children and youth in separate classes, separate
schools or facilities, or public or private residential
facilities, or who have been otherwise removed from the regular
education environment,
"(3) the number of handicapped children and youth exiting the
educational system each year through program completion or
otherwise (A) in age group 3-5, and (B) in age groups 6-11, 12-17,
and 18-21 by disability category and anticipated services for the
next year,
"(4) the amount of Federal, State, and local funds expended in
each State specifically for special education and related services
and for early intervention services (which may be based upon a
sampling of data from State agencies including State and local
educational agencies),
"(5) the number and type of personnel that are employed in the
provision of special education and related services to handicapped
children and youth and early intervention services to handicapped
infants and toddlers by disability category served, and the
estimated number and type of additional personnel by disability
category needed to adequately carry out the policy established by
this Act, and
"(6) a description of the special education and related
services and early intervention services needed to fully implement
this Act throughout each State, including estimates of the number
of handicapped infants and toddlers in the 0-2 age group and
estimates of the number of handicapped children and youth (A) in
age group 3-5 and (B) in age groups 6-11, 12-17, and 18-21 and by
disability category.
"(c) The Secretary shall, by grant, contract, or cooperative
agreement, provide for evaluation studies to determine the impact of
this Act. Each such evaluation shall include recommendations for
improvement of the programs under this Act. The Secretary shall, not
later than July 1 of each year, submit to the appropriate committees of
each House of the Congress and publish in the Federal Register proposed
evaluation priorities for review and comment.
"(d)(1) The Secretary may enter into cooperative agreements with
State educational agencies and other State agencies to carry out studies
to assess the impact and effectiveness of programs assisted under this
Act.
"(2) An agreement under paragraph (1) shall --
"(A) provide for the payment of not to exceed 60 percent of the
total cost of studies conducted by a participating State agency to
assess the impact and effectiveness of programs assisted under
this Act, and
"(B) be developed in consultation with the State Advisory Panel
established under this Act, the local educational agencies, and
other involved in or concerned with the education of handicapped
children and youth and the provision of early intervention
services to handicapped infants and toddlers.
"(3) The Secretary shall provide technical assistance to
participating State agencies in the implementation of the study design,
analysis, and reporting procedures.
"(4) In addition, the Secretary shall disseminate information from
such studies to State agencies, regional resource centers, and
clearinghouses established by this Act, and, as appropriate, to others
involved in, or concerned with, the education of handicapped children
and youth and the provision of early intervention services to
handicapped infants and toddlers.
"(e)(1) At least one study shall be a longitudinal study of a sample
of handicapped students, encompassing the full range of handicapping
conditions, examining their educational progress while in special
education and their occupational, educational, and independent living
status after graduating from secondary school or otherwise leaving
special education.
"(2) At least one study shall focus on obtaining and compiling
current information available, through State educational agencies and
local educational agencies and other service providers, regarding State
and local expenditures for educational services for handicapped students
(including special education and related services) and shall gather
information needed in order to calculate a range of per pupil
expenditures by handicapping condition.
"(f)(1) Not later than 120 days after the close of each fiscal year,
the Secretary shall publish and disseminate an annual report on the
progress being made toward the provision of a free appropriate public
education to all handicapped children and youth and early intervention
services for handicapped infants and toddlers. The annual report shall
be transmitted to the appropriate committees of each House of Congress
and published and disseminated in sufficient quantities to the education
community at large and to other interested parties.
"(2) The Secretary shall include in each annual report under
paragraph (1) --
"(A) a compilation and analysis of data gathered under
subsection (b),
"(B) an index and summary of each evaluation activity and
results of studies conducted under subsection (c).
"(C) a description of findings and determinations resulting
from monitoring reviews of State implementation of part B of this
Act, "20 USC 1411"
"(D) an analysis and evaluation of the participation of
handicapped children and youth in vocational education programs
and services,
"(E) an analysis and evaluation of the effectiveness of
procedures undertaken by each State educational agency, local
educational agency, and intermediate educational unit to ensure
that handicapped children and youth receive special education and
related services in the least restrictive environment commensurate
with their needs and to improve programs of instruction for
handicapped children and youth in day or residential facilities,
and
"(F) any recommendation for change in the provisions of this
Act or any other Federal law providing support for the education
of handicapped children and youth.
"(3) In the annual report under paragraph (1) for fiscal year 1985
which is published in 1986 and for every third year thereafter, the
Secretary shall include in the annual report --
"(A) an index of all current projects funded under parts C
through G of this title, "20 USC 1421-1454" and
"(B) data reported under sections 621, 622, 623, 627, 634, 641,
and 661.
"(4) In the annual report under paragraph (1) "20 USC 1426, 1434" for
fiscal year 1988 which is published in 1989, the Secretary shall include
special sections addressing the provision of a free appropriate public
education to handicapped infants, toddlers, children, and youth in rural
areas and to handicapped migrants, handicapped Indians (particularly
programs operated under section 611(f)), handicapped Native Hawaiian,
and other native Pacific basin children and youth, handicapped infants,
toddlers, children and youth of limited English proficiency.
"(5) Beginning in 1986, in consultation with the National Council for
the Handicapped and the Bureau of Indian Affairs Advisory Committee for
Exceptional Children, a description of the status of early intervention
services for handicapped infants and toddlers from birth through age
two, inclusive, and special education and related services to
handicapped children from 3 through 5 years of age (including those
receiving services through Head Start, Developmental Disabilities
Programs, Crippled Children's Services, Mental Health/Mental Retardation
Agency, and State child-development centers and private agencies under
contract with local schools).
"(g) There are authorized to be appropriated $3,800,000 for fiscal
year 1987, $4,000,000 for fiscal year 1988, and $4,200,000 for fiscal
year 1989 to carry out this section.".
SEC. 407. REPEAL.
Section 604 of the Act (20 U.S.C. 1403) is repealed.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S. 2294 (H.R. 5520):
HOUSE REPORTS: No. 99-860 accompanying H.R. 5520 (Comm. on Education
and Labor).
SENATE REPORTS: No. 99-315 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): June 6, considered and passed
Senate. Sept. 22, H.R. 5520 considered and passed House; proceedings
vacated and S. 2294, amended, passed in lieu. Sept. 24, Senate
concurred in House amendments.
Public Law 99-456, 100 Stat. 1144
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the Cumberland
terminus of the Chesapeake and Ohio Canal National Historical Park is
hereby dedicated to J. Glenn Beall, Sr. in grateful recognition of his
outstanding efforts to preserve and protect the canal and towpath from
development.
(b) In order to carry out the provisions of this Act, the Secretary
of the Interior is authorized and directed to provide such
identification by signs, including changes in existing signs, materials,
maps, markers, or other means as will appropriately inform the public of
the contributions of J. Glenn Beall, Sr.
(c) The Secretary of the Interior is further authorized and directed
to cause to be erected and maintained, within the exterior boundaries of
the Cumberland terminus of the Chesapeake and Ohio Canal National
Historical Park, an appropriate memorial to J. Glenn Beall, Sr. Such
memorial shall be of such design and be located at such place as the
Secretary shall determine.
(d) There are authorized to be appropriated up to $25,000 to carry
out the purposes of this Act.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- S. 1766:
SENATE REPORTS: No. 99-340 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, considered and passed
Senate. Sept. 24, considered and passed House.
Public Law 99-455, 100 Stat. 1143
Whereas one of the most critical problems facing the Nation is to
design and engineer a national work force that can meet the challenges
of today and tomorrow;
Whereas work in the United States is undergoing rapid and profound
change;
Whereas advances in technology will require new skills not now held
by the national work force;
Whereas it is predicted that during the decade beginning in 1980,
businesses will experience a shortage of skilled workers;
Whereas the skills of many young adults and teenagers are inadequate
to perform jobs that are becoming available, thereby contributing to a
much greater than normal unemployment rate among young people;
Whereas the ability to maintain a competitive and productive edge
necessary for a strong economy and relatively high quality of life
standard are dependent on the national work force;
Whereas the productivity and ability of the Nation to compete in a
world economy are dependent on the national work force; and
Whereas a National Job Skills Week can serve to highlight the many
changes that are underway in the workplace which have necessitated the
learning of new skills, concentrate attention on private and public job
training efforts, and bring attention to present and future work force
needs: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of October 12,
1986, through October 18, 1986, is designated as "National Job Skills
Week", and the President is authorized and requested to issue a
proclamation calling upon the people of the United States and interested
groups to observe such week with appropriate programs and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 721:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and
passed House. Sept. 24, considered and passed Senate.
Public Law 99-454, 100 Stat. 1142
Whereas aplastic anemia is a rare but extremely serious disorder that
results from the unexplained failure of the bone marrow to produce blood
cells;
Whereas aplastic anemia fatally strikes 2,000 Americans of all ages
each year;
Whereas the causes of aplastic anemia are not known and there is only
a limited understanding of how to treat the disease; and
Whereas increased public education on aplastic anemia will facilitate
the battle against all bone marrow diseases: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period of December 1,
1986, through December 7, 1986, is designated as "National Aplastic
Anemia Awareness Week" and the President is authorized and requested to
issue a proclamation calling upon the American public to observe such
period with appropriate activities to assure a better understanding of
aplastic anemia.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 611:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and
passed House. Sept. 24, considered and passed Senate.
Public Law 99-453, 100 Stat. 1141
Whereas, since the 1st immigration of Polish settlers to Jamestown in
the 17th century, Poles and Americans of Polish descent have
distinguished themselves by contributing to the development of arts,
sciences, government, military service, athletics, and education in the
United States;
Whereas Kazimierz Pulaski, Tadeusz Kosciuszko, and other sons of
Poland came to our shores to fight in the American War of Independence
and to give their lives and fortunes for the creation of the United
States;
Whereas the Polish Constitution of May 3, 1791, was modeled directly
on the Constitution of the United States, is recognized as the 2d
written constitution in history, and is revered by Poles and Americans
of Polish descent;
Whereas Americans of Polish descent and Americans sympathetic to the
struggle of the Polish nation to regain its freedom remain committed to
a free and independent Polish nation;
Whereas Poles and Americans of Polish descent take great pride in and
honor the greatest son of Poland, His Holiness Pope John Paul II;
Whereas Poles and Americans of Polish descent take great pride in and
honor Nobel Peace Prize laureate Lech Walesa, the founder of the
Solidarity Labor Federation;
Whereas the Solidarity Labor Federation was founded in August 1980
and is continuing its struggle against oppression by the Government of
Poland; and
Whereas the Polish American Congress is observing its 42d anniversary
this year and is celebrating October 1986 as Polish American Heritage
Month: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 1986 is designated
"Polish American Heritage Month", and the President of the United States
is authorized and requested to issue a proclamation calling upon the
people of the United States to observe such month with appropriate
ceremonies and activities.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 547:
CONGRESSIONAL RECORD, Vol. 132 (1986): July 24, considered and
passed House. Sept. 24, considered and passed Senate.
Public Law 99-452, 100 Stat. 1140
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 141(a)
of the Garn-St Germain Depository Institutions Act of 1982 "12 USC 1464
note" is amended by striking out "September 15, 1986" and inserting in
lieu thereof "October 13, 1986".
(b) Section 206(a) of such Act "12 USC 1729, and note, 1823" is
amended by striking out "September 15, 1986" and inserting in lieu
thereof "October 13, 1986".
(c) No amendment made by section 141(a) or section 206(a) "12 USC
1464 note" of the Garn-St Germain Depository Institutions Act of 1982,
as in effect on the day before the date of the enactment of this Act, to
any other provision of law shall be deemed to have taken effect before
such date of enactment and any such provision of law shall be in effect
as if no such amendment had taken effect before such date of enactment.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.R. 5521:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 16, considered and
passed House. Sept. 26, considered and passed Senate.
Public Law 99-451, 100 Stat. 1138
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DETERMINATION OF VALUE OF CLAIMS.
(a) FAIR MARKET VALUE. -- Section 4(a) of the International Claims
Settlement Act of 1949 (22 U.S.C. 1623(a)) is amended by amending the
second sentence to read as follows: "In the decision of claims under
this title, the Commission shall apply the following in the following
order:
"(1) The provisions of the applicable claims agreement as
provided in this subsection.
"(2) The applicable principles of international law, justice,
and equity. In determining the value of a claim under
international law, the Commission shall award the fair market
value of the property as of the time of the taking by the foreign
government involved (without regard to any action or event that
occurs after the taking), except that the value of the claim shall
not reflect any dimunution in value attributable to actions which
are carried out, or threats of action which are made, by the
foreign government with respect to the property before the taking.
Fair market value shall be ascertained in accordance with the
method most appropriate to the property taken and equitable to the
claimant, including --
"(i) market value of outstanding equity securities;
"(ii) replacement value;
"(iii) going-concern value (which includes consideration of an
enterprise's profitability); and
"(iv) book value. In the case of any claim for losses in a
service industry, the appropriate basis of valuation shall be
presumed to be that referred to in clause (iii). For purposes of
the preceding sentence, the term 'service' means economic activity
the output of which is other than tangible goods.".
(b) APPLICABILITY. -- Section 4 of the International Claims
Settlement Act of 1949 is amended by adding at the end the following:
"(k) In exercising authority granted after the date of the enactment
of this subsection under this or any other Act, the Commission, in
determining the value of claims of the Government of the United States
or of nationals of the United States (as defined in this Act or such
other Act) against any foreign government for losses arising from the
nationalization or other taking of property, shall comply with the
principles set forth in subsection (a)(2) of this section.".
SEC. 2. "22 USC 1623 note" EFFECTIVE DATE.
The amendments made by this Act shall apply to any claim pending on
the date of the enactment of this Act and to any other claim determined
after such date.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.R. 5506:
HOUSE REPORTS: No. 99-837 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 22, considered and
passed House. Sept. 24, considered and passed Senate.
Public Law 99-450, 100 Stat. 1129
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act "43 USC 1600 note" may be cited as the "Colorado
River Floodway Protection Act".
SEC. 2. "43 USC 1600" (a) FINDINGS. -- The Congress finds that --
(1) there are multiple purposes established by law for the dams
and other control structures administered by the Secretary of the
Interior on the Colorado River;
(2) the maintenance of the Colorado River Floodway established
in this Act is essential to accomplish these multiple purposes;
(3) developments within the Floodway are and will continue to
be vulnerable to damaging flows such as the property damage which
occurred in 1983 and may occur in the future;
(4) certain Federal programs which subsidize or permit
development within the Floodway threaten human life, health,
property, and natural resources; and
(5) there is a need for coordinated Federal, State, and local
action to limit Floodway development.
(b) PURPOSE. -- The Congress declares that the purposes of this Act
are to --
(1) establish the Colorado River Floodway, as designated and
described further in this Act, so as to provide benefits to river
users and to minimize the loss of human life, protect health and
safety, and minimize damage to property and natural resources by
restricting future Federal expenditures and financial assistance,
except public health funds, which have the effect of encouraging
development within the Colorado River Floodway; and
(2) establish a task force to advise the Secretary of the
Interior and the Congress on establishment of the Floodway and on
managing existing and future development within the Floodway,
including the appropriateness of compensation in specified cases
of extraordinary hardship.
SEC. 3. "43 USC 1600a" (a) The term "Committees" refers to the
Committee on Interior and Insular Affairs of the United States House of
Representatives and the Committee on Environment and Public Works and
the Committee on Energy and Natural Resources of the United States
Senate.
(b) The term "financial assistance" means any form of loan, grant,
guaranty, insurance, payment, rebate, subsidy, or any other form of
direct or indirect Federal assistance other than --
(1) general revenue-sharing grants made under section 102 of
the State and Local Fiscal Assistance Amendments of 1972 (31 U.S.
C. 1221);
(2) deposit or account insurance for customers of banks,
savings and loan associations, credit unions, or similar
institutions;
(3) the purchase of mortgages or loans by the Government
National Mortgage Association, the Federal National Mortgage
Association, or the Federal Home Loan Mortgage Corporation;
(4) assistance for environmental studies, plans, and
assessments that are required incident to the issuance of permits
or other authorizations under Federal law; and
(5) assistance pursuant to programs entirely unrelated to
development, such as any Federal or federally assisted public
assistance program or any Federal old-age, survivors, or
disability insurance program.
Such term also includes flood insurance described in sections 1322
(a) and (b) of the National Flood Insurance Act of 1968, Public Law
90-448, title XIII (82 Stat. 572) as amended, on and after the dates on
which the provisions of those sections become effective.
(c) The term "Secretary" means the Secretary of the Interior.
(d) The term "water district" means any public agency providing water
service, including water districts, county water districts, public
utility districts, and irrigation districts.
(e) The term "Floodway" means the Colorado River Floodway established
in section 5 of this Act.
SEC. 4. "43 USC 1600b" (a) To advise the Secretary and the Congress
there shall be a Colorado River Floodway Task Force, which shall include
one representative of --
(1) each State (appointed by the Governor) and Indian
reservation in which the Floodway is located;
(2) each county in which the Floodway is located;
(3) a law enforcement agency from each county in which the
Floodway is located;
(4) each water district in which the Floodway is located;
(5) the cities of Needles, Parker, Blythe, Bullhead City, Yuma,
Laughlin, Lake Havasu City, Nevada (if and when incorporated), and
Mojave County, Arizona Supervisor District No. 2 (chosen by, but
not a member of the Board of Supervisors);
(6) the Chamber of Commerce from each county in which the
Floodway is located;
(7) the Colorado River Wildlife Council;
(8) the Army Corps of Engineers;
(9) the Federal Emergency Management Agency (FEMA);
(10) the Department of Agriculture;
(11) the Department of the Interior; and
(12) the Department of State.
(b) The task force shall be chartered and operate under the
provisions of the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. App. I) and shall prepare recommendations concerning the Colorado
River Floodway, which recommendations shall deal with:
(1) the means to restore and maintain the Floodway specified in
section 5 of this Act, including, but not limited to, specific
instances where land transfers or relocations, or other changes in
land management, might best effect the purposes of this Act;
(2) the necessity for additional Floodway management
legislation at local, tribal, State, and Federal levels;
(3) the development of specific design criteria for the
creation of the Floodway boundaries;
(4) the review of mapping procedures for Floodway boundaries;
(5) whether compensation should be recommended in specific
cases of economic hardship resulting from impacts of the 1983
flood on property outside the Floodway which could not reasonably
have been foreseen; and
(6) the potential application of the Floodway on Indian lands
and recommended legislation or regulations that might be needed to
achieve the purposes of the Floodway taking into consideration the
special Federal status of Indian lands.
(c) The task force shall exist for at least one year after the date
of enactment of this Act, or until such time as the Secretary has filed
with the Committees the maps described in subsection 5(b)(2). The task
force shall file its report with the Secretary and the Committees within
nine months after the date of enactment of this Act.
SEC. 5. "43 USC 1600c" (a) There is established the Colorado River
Floodway as identified and generally depicted on maps that are to be
submitted by the Secretary.
(b)(1) Within eighteen months after the date of enactment of this
Act, the Secretary, in consultation with the seven Colorado River Basin
States, represented by persons designated by the Governors of those
States, the Colorado River Floodway Task Force, and any other interested
parties shall:
(i) complete a study of the tributary floodflows downstream of
Davis Dam;
(ii) define the specific boundaries of the Colorado River
Floodway so that the Floodway can accommodate either a one-in-one
hundred year river flow consisting of controlled releases and
tributary inflow, or a flow of forty thousand cubic feet per
second (cfs), whichever is greater, from below Davis Dam to the
Southerly International Boundary between the United States of
America and the Republic of Mexico.
(2) As soon as practicable after the determination of the Floodway
boundary pursuant to this subsection, the Secretary shall prepare and
file with the Committees maps depicting the Colorado River Floodway, and
each such map shall be considered a standard map to be adhered to by all
agencies and 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 may be made. Each such map shall be on file and available for
public inspection in the Office of the Commissioner of the Bureau of
Reclamation, Department of the Interior, and in other appropriate
offices of the Department.
(3) The Secretary shall provide copies of the Colorado River Floodway
maps to (A) the chief executive officer of each State, county,
municipality, water district, Indian tribe, or equivalent jurisdiction
in which the Floodway is located, (B) each appropriate Federal agency,
including agencies which regulate Federal financial institutions, and
(C) each federally insured financial institution which serves the
geographic area as one of its primary markets.
(c)(1) The Secretary shall conduct, at least once every five years, a
review of the Colorado River Floodway and make, after notice to and in
consultation with the appropriate officers referred to in paragraph (3)
of subsection (b), and others, such minor and technical modifications to
the boundaries of the Floodway as are necessary solely to reflect
changes that have occurred in the size or location of any portion of the
floodplain as a result of natural forces, and as necessary pursuant to
subsection (c) of section (7) of this Act.
(2) If, in the case of any minor and technical modification to the
boundaries of the Floodway made under the authority of this subsection,
an appropriate chief executive officer of a State, county, municipality,
water district, Indian tribe, or equivalent jurisdiction, to which
notice was given in accordance with this subsection files comments
disagreeing with all or part of the modification and the Secretary makes
a modification which is in conflict with such comments, the Secretary
shall submit to the chief executive officer a written justification for
his failure to make modifications consistent with such comments or
proposals.
SEC. 6. "43 USC 1600d" (a) Except as provided in section 7, no new
expenditures or new financial assistance may be made available under
authority of any Federal law for any purpose within the Floodway
established under section 5 of this Act.
(b) An expenditure or financial assistance made available under
authority of Federal law shall, for purposes of this Act, be a new
expenditure or new financial assistance if --
(1) in any case with respect to which specific appropriations
are required, no money for construction or purchase purposes was
appropriated before the date of the enactment of this Act; or
(2) no legally binding commitment for the expenditure or
financial assistance was made before such date of enactment.
SEC. 7. "43 USC 1600e" Notwithstanding section 6, the appropriate
Federal officer, after consultation with the Secretary, may make Federal
expenditures or financial assistance available within the Colorado River
Floodway for --
(a) any dam, channel or levee construction, operation or
maintenance for the purpose of flood control, water conservation,
power or water quality;
(b) other remedial or corrective actions, including but not
limited to drainage facilities essential to assist in controlling
adjacent high ground water conditions caused by flood flows;
(c) the maintenance, replacement, reconstruction, repair, and
expansion, of publicly or tribally owned or operated roads,
structures (including bridges), or facilities: Provided, That, no
such expansion shall be permitted unless --
(1) the expansion is designed and built in accordance with the
procedures and standards established in section 650.101 of title
23, Code of Federal Regulations, and the following as they may be
amended from time to time; and
(2) the boundaries of the Floodway are adjusted to account for
changes in flows caused, directly or indirectly, by the expansion;
(d) military activities essential to national security;
(e) any of the following actions or projects, but only if the
Secretary finds that the making available of expenditures or
assistance therefor is consistent with the purposes of this Act:
(1) projects for the study, management, protection and
enhancement of fish and wildlife resources and habitats,
including, but not limited to, acquisition of fish and wildlife
habitats and related lands, stabilization projects for fish and
wildlife habitats, and recreational projects;
(2) the establishment, operation, and maintenance of air and
water navigation aids and devices, and for access thereto;
(3) projects eligible for funding under the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-4 through 11);
(4) scientific research, including but not limited to
aeronautical, atmospheric, space, geologic, marine, fish and
wildlife and other research, development, and applications;
(5) assistance for emergency actions essential to the saving of
lives and the protection of property and the public health and
safety, if such actions are performed pursuant to sections 305 and
306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146)
and are limited to actions that are necessary to alleviate the
emergency. Disaster assistance under other provisions of the
Disaster Relief Act of 1974 (Public Law 93-288, "42 USC 5121 note"
as amended) may also be provided with respect to persons residing
within the Floodway, or structures or public infrastructure in
existence or substantially under construction therein, on the date
ninety days after the date of enactment of this Act: Provided,
That, such persons, or with respect to public infrastructure the
State or local political entity which owns or controls such
infrastructure, had purchased flood insurance for structures or
infrastructure under the National Flood Insurance Program, if
eligible, and had taken prudent and reasonable steps, as
determined by the Director of the Federal Emergency Management
Agency, to minimize damage from future floods or operations of the
Floodway established in the Act;
(6) other assistance for public health purposes, such as
mosquito abatement programs;
(7) nonstructural projects for riverbank stabilization that are
designed to enhance or restore natural stabilization systems;
(8) publicly or tribally financed, owned and operated
compatible recreational developments such as regional parks, golf
courses, docks, boat launching ramps (including steamboat and
ferry landings), including compatible recreation uses and
accompanying utility or interpretive improvements which are
essential or closely related to the purpose of restoring the
accuracy of a National Historical Landmark and which meet best
engineering practices considering the nature of Floodway
conditions; and
(9) compatible agricultural uses that do not involve permanent
crops and include only a minimal amount of permanent facilities in
the Floodway.
SEC. 8. "43 USC 1600f" The Secretary of the Interior shall, on
behalf of each Federal agency concerned, make written certification that
each agency has complied with the provisions of this Act during each
fiscal year beginning after September 30, 1985. Such certification
shall be submitted on an annual basis to the United States House of
Representatives and the United States Senate on or before January 15 of
each fiscal year.
SEC. 9. Nothing contained in this Act "43 USC 1600g" shall be
construed to alter, amend, repeal, modify, interpret, or be in conflict
with the provisions of the Colorado River Compact (45 Stat. 1057), the
Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of
1944 with the United Mexican States (Treaty Series 944, 59 Stat. 1219),
the Flood Control Act of 1944 (58 Stat. 887), the decree entered by the
Supreme Court of the United States in Arizona v. California, and others
(376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057), the
Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a),
the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620),
the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501).
Furthermore, nothing contained in this Act shall be construed as
indicating an intent on the part of the Congress to change the existing
relationship of other Federal laws to the law of a State, or a political
subdivision of a State, or to relieve any person of any obligation
imposed by any law of any State, tribe, or political subdivision of a
State. No provision of this Act shall be construed to invalidate any
provision of State, tribal, or local law unless there is a direct
conflict between such provision and the law of the State, or political
subdivision of the State or tribe, so that the two cannot be reconciled
or consistently stand together. Inconsistencies shall be reviewed by
the task force, and the task force shall make recommendations concerning
such local laws. This Act shall in no way be interpreted to interfere
with a State's or tribe's right to protect, rehabilitate, preserve, and
restore lands within its established boundary.
SEC. 10. If any provision of this Act "43 USC 1600h" or the
application thereof to any person or circumstances is held invalid, the
remainder of the Act and the application of such provision to other
persons not similarly situated or to other circumstances shall not be
affected thereby.
SEC. 11. Within one year after the date of the enactment of this
Act, "43 USC 1600i" the Secretary shall prepare and submit to the
Committees a report regarding the Colorado River Floodway, the task
force's report, and the Secretary's recommendations with respect to the
objectives outlined in section 4(b) of this Act. In making his report,
the Secretary shall analyze the effects of this Act on the economic
development of the Indian tribes whose lands are located within the
Floodway.
SEC. 12. "42 USC 4029" (a) The National Flood Insurance Act of 1968,
Public Law 90-448, title XIII (82 Stat. 572), "42 USC 4001 note" as
amended, is amended by adding the following section:
"SEC. 1322. (a) Owners of existing National Flood Insurance Act
policies with respect to structures located within the Floodway
established under section 5 of the Colorado River Floodway Protection
Act shall have the right to renew and transfer such policies. Owners of
existing structures located within said Floodway on the date of
enactment of the Colorado River Floodway Protection Act who have not
acquired National Flood Insurance Act policies shall have the right to
acquire policies with respect to such structures for six months after
the Secretary of the Interior files the Floodway maps required by
section 5(b)(2) of the Colorado River Floodway Protection Act and to
renew and transfer such policies.
"(b) No new flood insurance coverage may be provided under this title
on or after a date six months after the enactment of the Colorado River
Floodway Protection Act for any new construction or substantial
improvements of structures located within the Colorado River Floodway
established by section 5 of the Colorado River Floodway Protection Act.
New construction includes all structures that are not insurable prior to
that date.
"(c) The Secretary of the Interior may by rule after notice and
comment pursuant to 5 U.S.C. 553 establish temporary Floodway boundaries
to be in effect until the maps required by section 5(b)(2) of the
Colorado River Floodway Protection Act are filed, for the purpose of
enforcing subsections (b) and (d) of this section.
"(d) A federally supervised, approved, regulated or insured financial
institution may make loans secured by structures which are not eligible
for flood insurance by reason of this section: Provided, That prior to
making such a loan, such institution determines that the loans or
structures securing the loan are within the Floodway.".
SEC. 13. "43 USC 1600j" (a) No lease of lands owned in whole or in
part by the United States and within the Colorado River Floodway shall
be granted after the date of enactment of this Act unless the Secretary
determines that such lease would be consistent with the operation and
maintenance of the Colorado River Floodway.
(b) No existing lease of lands owned in whole or in part by the
United States and within the Colorado River Floodway shall be extended
beyond the date of enactment of this Act or the stated expiration date
of its current term, whichever is later, unless the lessee agrees to
take reasonable and prudent steps determined to be necessary by the
Secretary to minimize the inconsistency of operation under such lease
with the operation and maintenance of the Colorado River Floodway.
(c) No lease of lands owned in whole or part by the United States
between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake
Mohave shall be granted unless the Secretary determines that such lease
would be consistent with the operation of Lake Mohave.
(d) The provisions of subsections (a) and (b) of this section shall
not apply to lease operations on Indian lands pursuant to a lease
providing for activities which are exempted under section 7 of this Act.
(e) Subsections (a) and (b) of this section shall not apply to lands
held in trust by the United States for the benefit of any Indian tribe
or individual with respect to any lease where capital improvements, and
operation and maintenance costs are not provided for by Federal
financial assistance if the lessee, tribe, or individual has provided
insurance or other security for the benefit of the Secretary sufficient
to insure against all reasonably forseeable, direct, and consequential
damages to the property of the tribe, private persons, and the United
States, which may result from the proposed lease.
SEC. 14. (a)(1) Nothing in this Act shall alter or affect in any way
the provisions of section 702c of title 33, United States Code.
(2) The Secretary shall provide notice of the provisions of section
702c of title 33, United States Code, and this Act to all existing and
prospective lessees of lands leased by the United States and within the
Colorado River Floodway.
(b) Except as otherwise specifically provided in this Act, all
provisions of the National Flood Insurance Act of 1968, "42 USC 4001
note" as amended, and requirements of the National Flood Insurance
Program ("NFIP") shall continue in full force and effect within areas
wholly or partially within the Colorado River Floodway. Any maps or
other information required to be prepared by this Act shall be used to
the maximum extent practicable to support implementation of the NFIP.
(c) The Secretary shall publish notice on three successive occasions
in newspapers of general circulation in communities affected by the
provisions of section 1322 of Public Law 90-448 (82 Stat. 572), as
amended by this Act.
SEC. 15. "43 USC 1600l" There is authorized to be appropriated to
the Department of the Interior $600,000, through the end of fiscal year
1990, in addition to any other funds now available to the Department to
discharge its duties to implement sections 4 through 14 of this Act:
Provided, That by mutual agreement, such funds shall be made available
to the Federal Emergency Management Agency to discharge its duties under
section 12 of this Act: Provided further, That the provisions of
sections 6 and 7 of this Act shall not be affected by this section: And
provided further, in addition, Indian tribes may be eligible under
Public Law 93-638 "25 USC 450 note" to contract for studies of Indian
lands required under the provisions of this Act.
Approved October 8, 1986.
LEGISLATIVE HISTORY -- H.R. 1246 (S. 1696):
HOUSE REPORTS: No. 99-261 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-410 accompanying S. 1696 (Comm. on
Environment and Public Works).
CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 24, considered and
passed House. Vol. 132 (1986): Sept. 15, considered and passed Senate,
amended, in lieu of S. 1696. Sept. 23, House concurred in Senate
amendment
Public Law 99-449, 100 Stat. 1128
Whereas the study of fossils has shown that the rose has been a
native wild flower in America for over thirty-five million years;
Whereas the rose is grown today in every State;
Whereas the rose has long represented love, friendship, peace, and
the devotion of the American people to their country;
Whereas the rose has been cultivated and grown in gardens for over
five thousand years and is referred to in both the Old and New
Testaments;
Whereas the rose has for many years been the favorite flower of the
American people, has captivated the affection of human kind, and has
been revered and renowned in art, music and literature;
Whereas our first President was also our first rose breeder, one of
his varieties being named after his mother and still being grown today;
and
Whereas the United States is without a national flower: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, "36 USC 187" That the flower
commonly known as the rose is designated and adopted as the national
floral emblem of the United States of America, and the President of the
United States is authorized and requested to declare such fact by
proclamation.
Approved October 7, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 159:
HOUSE REPORTS: No. 99-836 (Comm. on Post Office and Civil Service).
Sept. 16, considered and passed Senate. Sept. 23, considered and passed
House.
Public Law 99-448, 100 Stat. 1127
Whereas protecting life and insuring safety are important
responsibilities of local governments;
Whereas the ability of all persons to quickly summon help in an
emergency is essential to a community's well-being;
Whereas thousands of municipalities throughout the United States have
established 911 emergency telephone systems;
Whereas 911 emergency telephone systems have made it possible to save
many lives, thereby enhancing the quality of life in communities
throughout the Nation; and
Whereas 911 emergency telephone systems increase public confidence
and provide efficient emergency services with greater response
capabilities and cost savings to the public: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That September 11, 1987, is
designated as "9-1-1 Emergency Number Day". The President of the United
States is requested to issue a proclamation calling upon the people of
the United States to observe such day with appropriate ceremonies and
activities.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 405:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 10, considered and
passed Senate. Sept. 18, considered and passed House, amended. Sept.
29, Senate concurred in House amendments.
Public Law 99-447, 100 Stat. 1125
Whereas traffic accidents cause more violent deaths in the United
States than any other cause, approximately forty-four thousand in 1985;
Whereas traffic accidents cause thousands of serious injuries in the
United States each year;
Whereas about 54 per centum of drivers killed in single vehicle
collisions and 38 per centum of all drivers fatally injured in 1985 had
blood alcohol concentrations of 0.10 or above;
Whereas the United States Surgeon General has reported that life
expectancy has risen for every age group over the past seventy-five
years except for Americans fifteen to twenty-four years old, whose death
rate, the leading cause of which is drunk driving, is higher now that it
was twenty years ago;
Whereas the total societal cost of drunk driving has been estimated
at more than $26,000,000,000 per year, which does not include the human
suffering that can never be measured;
Whereas there are increasing reports of driving after drug use and
accidents involving drivers who have used marijuana or other illegal
drugs;
Whereas driving after the use of therapeutic drugs, either alone or
in combination with alcohol, contrary to the advice of physician,
pharmacist, or manufacturer, may create a safety hazard on the roads;
Whereas more research is needed on the effect of drugs either alone
or in combination with alcohol, on driving ability and the incidence of
traffic accidents;
Whereas an increased public awareness of the gravity of the problem
of drugged driving may warn drug users to refrain from driving and may
stimulate interest in increasing necessary research on the effect of
drugs on driving ability and the incidence of traffic accidents;
Whereas the public, particularly through the work of citizens groups,
is demanding a solution to the problem of drunk and drugged driving;
Whereas the Presidential Commission on Drunk Driving, appointed to
heighten public awareness and stimulate the pursuit of solutions,
provided vital recommendations for remedies for the problem of drunk
driving;
Whereas the National Commission Against Drunk Driving was established
to assist State and local governments and the private sector to
implement these recommendations;
Whereas most States have appointed task forces to examine existing
drunk driving programs and make recommendations for a renewed,
comprehensive approach, and in many cases their recommendations are
leading to enactment of new laws, along with stricter enforcement;
Whereas the best defense against the drunk or drugged driver is the
use of safety belts and consistent safety belt usage by all drivers and
passengers would save as many as ten thousand lives each year;
Whereas an increase in the public awareness of the problem of drunk
and drugged driving may contribute to a change in society's attitude
toward the drunk or drugged driver and help to sustain current efforts
to develop comprehensive solutions at the State and local levels;
Whereas the Christmas and New Year holiday period, with more drivers
on the roads and an increased number of social functions, is a
particularly appropriate time to focus national attention on this
critical problem;
Whereas designation of National Drunk and Drugged Driving Awareness
Week in each of the last four years stimulated many activities and
programs by groups in both the private and public sectors aimed at
curbing drunk and drugged driving in the high-risk Christmas and New
Year holiday period and thereafter; and
Whereas the activities and programs during National Drunk and Drugged
Driving Awareness Week have heightened the awareness of the American
public to the danger of drunk and drugged driving: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of December 14,
1986, through December 20, 1986, is designated as "National Drunk and
Drugged Driving Awareness Week" and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to observe that week with appropriate activities.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 362 (H.J. Res. 694):
CONGRESSIONAL RECORD, Vol. 132 (1986): June 20, considered and
passed Senate. Aug. 13, H.J. Res. 694 considered and passed House.
Sept. 18, S.J. Res. 362 considered and passed House.
Public Law 99-446, 100 Stat. 1124
Whereas the illegal drug trade consists of approximately $100 billion
in retail business per year;
Whereas removing the demand for drugs would reduce the illegal drug
trade;
Whereas drug abuse destroys the future of many of the young people
and adults in the Nation;
Whereas the eradication of drug abuse requires a united mobilization
of national resources, including law enforcement and educational
efforts; and
Whereas the most effective deterrent to drug abuse is education of
parents and children in the home, classroon, and community: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, that the week of October 5,
1986, through October 11, 1986, is designated as "National Drug Abuse
Education and Prevention Week", and the President is authorized and
requested to issue a proclamation calling upon the people of the United
States to participate in drug abuse education and prevention programs in
their communities and encourage parents and children to investigate and
discuss drug abuse problems and possible solutions.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 354:
CONGRESSIONAL RECORD, Vol. 132 (1986): July 15, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-445, 100 Stat. 1122
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the National Trails
System Act (82 Stat. 919), as amended, is further amended as follows:
Section 5(a) "16 USC 1241 note" is amended to insert the following new
paragraph:
"(14) The Nez Perce National Historic Trail, "16 USC 1244" a route of
approximately eleven hundred and seventy miles extending from the
vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana, as
generally depicted in 'Nez Perce (Nee-Me-Poo) Trail Study Report'
prepared by the Department of Agriculture and dated March 1982. The
report shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Washington, District of
Columbia. The trail shall be administered by the Secretary of
Agriculture. No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired by the
Federal Government for the Nez Perce National Historic Trail. The
Secretary of Agriculture may designate lands outside of federally
administered areas as segments of the trail upon application from the
States or local governmental agencies involved if such segments meet the
criteria established in this Act and are administered by such agencies
without expense to the United States. So that significant route
segments and sites recognized as associated with the Nez Perce Trail may
be distinguished by suitable markers, the Secretary of Agriculture is
authorized to accept the donation of suitable markers for placement at
appropriate locations. Any such markers associated with the Nez Perce
Trail which are to be located on lands administered by any other
department or agency of the United States may be placed on such lands
only with the concurrence of the head of such department or agency.".
SEC. 2. There are authorized to be appropriated $550,000 to carry
out the purposes of this Act.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- S. 1542:
HOUSE REPORTS: No. 99-873 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-382 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 11, considered and
passed Senate. Sept. 24, considered and passed House.
Public Law 99-444, 100 Stat. 1121
Whereas children on average spend 4 hours of each day watching
television and will have spent almost 15,000 hours watching television
by the time they finish high school;
Whereas television can create an intellectual and emotional
environment which can play a critical role in shaping a child's
development and perception of the world;
Whereas television has the power to promote and reinforce the
prosocial values parents try to teach their children regarding health
and safety;
Whereas television often serves as a companion and babysitter for
children with working parents;
Whereas many people do not realize television's great potential for
enriching family life and for improving children's education;
Whereas families need to be shown how to use television as an
educational resource;
Whereas national attention must be focused on the positive role that
television can play in child development to insure that broadcasters
uphold their obligation to serve the child audience;
Whereas schools, libraries, religious institutions, and community
groups need to work with broadcasters in helping parents and children
take advantage of television's potential as an educational and learning
device; and
Whereas greater awareness must be achieved regarding how television
can be effectively utilized and further developed to enhance the
education of children: 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 October
12, 1986, is designated as "National Children's Television Awareness
Week". The President is requested to issue a proclamation calling upon
the people of the United States to observe such week with appropriate
ceremonies and activities.
Approved October 6, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 710:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and
passed House. Sept. 24, considered and passed Senate.
Public Law 99-443, 100 Stat. 1120
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. Section 9(e)(1) of the Small Business Act (15 U.S.C.
638(e)(1) ) is amended by inserting immediately after "facilities," the
following: "except that for the Department of Defense it shall not
include amounts obligated solely for operational systems development,
and".
SEC. 2. Section 5 of Public Law 97-219 "15 USC 638 and note" is
amended by striking "1988" and inserting "1993".
SEC. 3. Section 6 of Public Law 97-219 "15 USC 638 note" is amended
to read as follows:
"SEC. 6. (a) The Comptroller General, no later than December 31,
1988, shall transmit a report to the appropriate committees of the House
of Representatives and of the Senate evaluating the effectiveness to
date of phase one and phase two of the SBIR Program as set out in
section 9(e)(4) of the Small Business Act. "15 USC 638" Such report
shall examine the quality of the research supported by the SBIR Program
compared to that traditionally supported by the affected agencies, and
the extent to which the goals of the SBIR Program are being met. Such
report shall also include the judgments of the heads of departments and
agencies as to the effect of this Act on research programs.
"(b) The Comptroller General, no later than December 31, 1991, shall
transmit to such committees an update of the report mandated under
subsection (a). Such report, in addition, shall include an evaluation
of phase three of the SBIR Program including a discussion of the
aggregate commercial trends for products which are then currently in or
have completed phase three of the program.".
Approved October 6, 1986.
LEGISLATIVE HISTORY -- H.R. 4260:
HOUSE REPORTS: No. 99-646 (Comm. on Small Business), Pt. 2
(Permanent Select Comm. on Intelligence) Pt. 3 (Comm. on Science and
Technology), and Pt. 4 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 12, 13, considered and
passed House. Sept. 18, considered and passed Senate.
Public Law 99-442, 100 Stat. 1119
Whereas hospice care has been demonstrated to be a humanitarian way
for terminally ill patients to approach the end of their lives in
comfort with appropriate, competent, and compassionate care in an
environment of personal individuality and dignity;
Whereas hospice advocates care of the patient and family by attending
to their physical, emotional, and spiritual needs and specifically, the
pain and grief they experience;
Whereas hospice care is provided by an interdisciplinary team of
physicians, nurses, social workers, pharmacists, psychological and
spiritual counselors, and other community volunteers trained in the
hospice concept of care;
Whereas hospice is rapidly becoming a full partner in the Nation's
health care system;
Whereas the recent enactment of the medicare hospice benefit makes it
possible for many more elderly Americans to have the opportunity to
elect to receive hospice care;
Whereas private insurance carriers and employers have recognized the
value of hospice care by the inclusion of hospice benefits in health
care coverage packages; and
Whereas there remains a great need to increase public awareness of
the benefits of hospice care: 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 1986
is designated "National Hospice Month". The President is requested to
issue a proclamation calling upon all Government agencies, the health
care community, appropriate private organizations, and people of the
United States to observe that month with appropriate forums, programs,
and activities designed to encourage national recognition of and support
for hospice care as a humane response to the needs of the terminally ill
and a viable component of the health care system in this country.
Approved October 3, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 317:
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-441, 100 Stat. 1117
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 "Defense Production Act Amendments of
1986". "50 USC app. 2061 note."
SEC. 2. 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 out "September 30,
1986" and inserting in lieu thereof "September 30, 1989".
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 711(a)(4) of the Defense Production Act of 1950 (50 U.S.C.
App. 2161(a)(4) ) is amended to read as follows:
"(4)(A) There are authorized to be appropriated for fiscal years
1987, 1988, and 1989 not to exceed $150,000,000 to carry out the
provisions of section 303, "50 USC app. 2093" except that not more than
$30,000,000 is authorized to be appropriated for fiscal year 1987.
"(B) The aggregate amount of loans, guarantees, purchase agreements,
and other actions under sections 301, 302, and 303 "50 USC app.
2091-2093" during fiscal years 1987, 1988, and 1989 may not exceed
$150,000,000.".
SEC. 4. OFFSETS REPORTING REQUIREMENT.
Section 309 of the Defense Production Act of 1950 (50 U.S.C. App.
2099) is amended --
(1) by striking out "SEC. 309." and inserting in lieu thereof
"SEC. 309.(a) REPORT REQUIRED. -- ";
(2) in the first sentence, by inserting "detailed" before
"report"; and
(3) by adding at the end thereof the following new subsection:
"(b) INTERAGENCY STUDIES. --
"(1) IN GENERAL. -- Each report under subsection (a) shall be
based on requisite interagency studies designed to progressively
capture --
"(A) the long-term as well as the short-term effects of offsets
(with particular attention to the effects resulting from
technology transfer associated with offset agreements); and
"(B) the direct and indirect effects of offsets on lower tier
defense subcontractors and on nondefense industry sectors which
may be adversely affected by offsets.
"(2) CONTENTS OF REPORTS. -- Each report under subsection (a)
shall contain an appropriate summary of --
"(A) the scope of the interagency studies conducted under
paragraph (1); and
"(B) the findings and conclusions of the agencies involved in
the interagency studies (including any differences in the
conclusions drawn by such agencies).".
SEC. 5. AMENDMENT TO EXPORT ADMINISTRATION AMENDMENTS ACT OF 1985.
Section 116(d) of the Export Administration Amendments Act "5 USC
5314 note" of 1985 is amended by striking "October 1, 1987".
Approved October 3, 1986.
LEGISLATIVE HISTORY -- H.R. 5480 (S. 2855):
SENATE REPORTS: No. 99-480 accompanying S. 2855 (Comm. on Banking).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and
passed House. Sept. 25, considered and passed Senate, amended. Sept.
29, House concurred in Senate amendments.
Public Law 99-440, 100 Stat. 1086
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act may be cited as the "Comprehensive
Anti-Apartheid Act of 1986" "22 USC 5001 note."
SEC. 2. The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Purpose.
Sec. 101. Policy toward the Government of South Africa.
Sec. 102. Policy toward the African National Congress, etc.
Sec. 103. Policy toward the victims of apartheid.
Sec. 104. Policy toward other countries in Southern Africa.
Sec. 105. Policy toward "frontline" states.
Sec. 106. Policy toward a negotiated settlement.
Sec. 107. Policy toward international cooperation on measures to end
apartheid.
Sec. 108. Policy toward necklacing.
Sec. 109. United States Ambassador to meet with Nelson Mandela.
Sec. 110. Policy toward the recruitment and training of black South
Africans by United States employers.
Sec. 201. Scholarships for the victims of apartheid.
Sec. 202. Human rights fund.
Sec. 203. Expanding participation in South African economy.
Sec. 204. Export-Import Bank of the United States.
Sec. 205. Labor practices of the United States Government in South
Africa.
Sec. 206. Welfare and protection of the victims of apartheid
employed by the United States.
Sec. 207. Employment practices of United States nationals in South
Africa.
Sec. 208. Code of Conduct.
Sec. 209. Prohibition of assistance.
Sec. 210. Use of the African Emergency Reserve.
Sec. 211. Prohibition on assistance to any person or group engaging
in "necklacing".
Sec. 212. Participation of South Africa in agricultural export
credit and promotion programs.
Sec. 301. Prohibition on the importation of krugerrands.
Sec. 302. Prohibition on the importation of military articles.
Sec. 303. Prohibition on the importation of products from parastatal
organizations.
Sec. 304. Prohibiton on computer exports to South Africa.
Sec. 305. Prohibition on loans to the Government of South Africa.
Sec. 306. Prohibition on air transportation with South Africa.
Sec. 307. Prohibitons on nuclear trade with South Africa.
Sec. 308. Government of South Africa bank accounts.
Sec. 309. Prohibition on importation of uranium and coal from South
Africa.
Sec. 310. Prohibition on new investment in South Africa.
Sec. 311. Termination of certain provisions.
Sec. 312. Policy toward violence or terrorism.
Sec. 313. Termination of tax treaty and protocol.
Sec. 314. Prohibition on United States Government procurement from
South Africa.
Sec. 315. Prohibition on the promotion of United States tourism in
South Africa.
Sec. 316. Prohibition on United States Government assistance to,
investment in, or subsidy for trade with, South Africa.
Sec. 317. Prohibition on sale or export of items on Munition List.
Sec. 318. Munitions list sales, notification.
Sec. 319. Prohibition on importation of South African agricultural
products and food.
Sec. 320. Prohibition on importation of iron and steel.
Sec. 321. Prohibition on exports of crude oil and petroleum
products.
Sec. 322. Prohibition on cooperation with the armed forces of South
Africa.
Sec. 323. Prohibition on sugar imports.
Sec. 401. Negotiating authority.
Sec. 402. Limitation on imports from other countries.
Sec. 403. Private right of action.
Sec. 501. Additional measures.
Sec. 502. Lifting of prohibitions.
Sec. 503. Study of health conditions in the "homelands" areas of
South Africa.
Sec. 504. Reports on South African imports.
Sec. 505. Study and report on the economy of southern Africa.
Sec. 506. Report on relations between other industrialized
democracies and South Africa.
Sec. 507. Study and report on deposit accounts of South African
nationals in United States banks.
Sec. 508. Study and report on the violation of the international
embargo on sale and export of military articles to South Africa.
Sec. 509. Report on Communist activities in South Africa.
Sec 510. Prohibition on the importation of Soviet gold coins.
Sec. 511. Economic support for disadvantaged South Africans.
Sec. 512. Report on the African National Congress.
Sec. 601. Regulatory authority.
Sec. 602. Congressional priority procedures.
Sec. 603. Enforcement and penalties.
Sec. 604. Applicability to evasions of Act.
Sec. 605. Construction of Act.
Sec. 606. State or local anti-apartheid laws, enforce.
SEC. 3. "22 USC 5001." As used in this Act --
(1) the term "Code of Conduct" refers to the principles set
forth in section 208(a);
(2) the term "controlled South African entity" means --
(A) a corporation, partnership, or other business association
or entity organized in South Africa and owned or controlled,
directly or indirectly, by a national of the United States; or
(B) a branch, office, agency, or sole proprietorship in South
Africa of a national of the United States;
(3) the term "loan" --
(A) means any transfer or extension of funds or credit on the
basis of an obligation to repay or any assumption or guarantee of
the obligation of another to repay an extension of funds or
credit, including --
(i) overdrafts,
(ii) currency swaps,
(iii) the purchase of debt or equity securities issued by the
Government of South Africa or a South African entity on or after
the date of enactment of this Act,
(iv) the purchase of a loan made by another person,
(v) the sale of financial assets subject to an agreement to
repurchase, and
(vi) a renewal or refinancing whereby funds or credits are
transferred or extended to the Government of South Africa or a
South African entity, and
(B) does not include --
(i) normal short-term trade financing, as by letters of credit
or similar trade credits;
(ii) sales on open account in cases where such sales are normal
business practice; or
(iii) rescheduling of existing loans, if no new funds or
credits are thereby extended to a South African entity or the
Government of South Africa;
(4) the term "new investment" --
(A) means --
(i) a commitment or contribution of funds or other assets, and
(ii) a loan or other extension of credit, and
(B) does not include --
(i) the reinvestment of profits generated by a controlled South
African entity into that same controlled South African entity or
the investment of such profits in a South African entity;
(ii) contributions of money or other assets where such
contributions are necessary to enable a controlled South African
entity to operate in an economically sound manner, without
expanding its operations; or
(iii) the ownership or control of a share or interest in a
South African entity or a controlled South African entity or a
debt or equity security issued by the Government of South Africa
or a South African entity before the date of enactment of this
Act, or the transfer or acquisition of such a share, interest, or
debt or equity security, if any such transfer or acquisition does
not result in a payment, contribution of funds or assets, or
credit to a South African entity, a controlled South African
entity, or the Government of South Africa;
(5) the term "national of the United States" means --
(A) a natural person who is a citizen of the United States or
who owes permanent allegiance to the United States or is an alien
lawfully admitted for permanent residence in the United States, as
defined by section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20) ); or
(B) a corporation, partnership, or other business association
which is organized under the laws of the United States, any State
or territory thereof, or the District of Columbia;
(6) the term "South Africa" includes --
(A) the Republic of South Africa;
(B) any territory under the Administration, legal or illegal,
of South Africa; and
(C) the "bantustans" or "homelands", to which South African
blacks are assigned on the basis of ethnic origin, including the
Transkei, Bophuthatswana Ciskei, and Venda; and
(7) the term "South African entity" means --
(A) a corporation, partnership, or other business association
or entity organized in South Africa; or
(B) a branch, office, agency, or sole proprietorship in South
Africa of a person that resides or is organized outside South
Africa; and
(8) the term "United States" includes the States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States.
SEC. 4. "22 USC 5002." The purpose of this Act is to set forth a
comprehensive and complete framework to guide the efforts of the United
States in helping to bring an end to apartheid in South Africa and lead
to the establishment of a nonracial, democratic form of government.
This Act sets out United States policy toward the Government of South
Africa, the victims of apartheid, and the other states in southern
Africa. It also provides the President with additional authority to
work with the other industrial democracies to help end apartheid and
establish democracy in South Africa.
SEC. 101. "22 USC 5011." (a) United States policy toward the
Government of South Africa shall be designed to bring about reforms in
that system of government that will lead to the establishment of a
nonracial democracy.
(b) The United States will work toward this goal by encouraging the
Government of South Africa to --
(1) repeal the present state of emergency and respect the
principle of equal justice under law for citizens of all races;
(2) release Nelson Mandela, Govan Mbeki, Walter Sisulu, black
trade union leaders, and all political prisoners;
(3) permit the free exercise by South Africans of all races of
the right to form political parties, express political opinions,
and otherwise participate in the political process;
(4) establish a timetable for the elimination of apartheid
laws;
(5) negotiate with representatives of all racial groups in
South Africa the future political system in South Africa; and
(6) end military and paramilitary activities aimed at
neighboring states.
(c) The United States will encourage the actions set forth in
subsection (b) through economic, political, and diplomatic measures as
set forth in this Act. The United States will adjust its actions toward
the Government of South Africa to reflect the progress or lack of
progress made by the Government of South Africa in meeting the goal set
forth in subsection (a).
SEC. 102. "22 USC 5012." (a) United States policy toward the African
National Congress, the Pan African Congress, and their affiliates shall
be designed to bring about a suspension of violence that will lead to
the start of negotiations designed to bring about a nonracial and
genuine democracy in South Africa.
(b) The United States shall work toward this goal by encouraging the
African National Congress and the Pan African Congress, and their
affiliates, to --
(1) suspend terrorist activities so that negotiations with the
Government of South Africa and other groups representing black
South Africans will be possible;
(2) make known their commitment to a free and democratic
post-apartheid South Africa;
(3) agree to enter into negotiations with the South African
Government and other groups representing black South Africans for
the peaceful solution of the problems of South Africa;
(4) reexamine their ties to the South African Communist Party.
(c) The United States will encourage the actions set forth in
subsection (b) through political and diplomatic measures. The United
States will adjust its actions toward the Government of South Africa not
only to reflect progress or lack of progress made by the Government of
South Africa in meeting the goal set forth in subsection 101(a) but also
to reflect progress or lack of progress made by the ANC and other
organizations in meeting the goal set forth in subsection (a) of this
section.
SEC. 103. "22 USC 5013" (a) The United States policy toward the
victims of apartheid is to use economic, political, diplomatic, and
other effective means to achieve the removal of the root cause of their
victimization, which is the apartheid system. In anticipation of the
removal of the system of apartheid and as a further means of challenging
that system, it is the policy of the United States to assist these
victims of apartheid as individuals and through organizations to
overcome the handicaps imposed on them by the system of apartheid and to
help prepare them for their rightful roles as full participants in the
political, social, economic, and intellectual life of their country in
the post-apartheid South Africa envisioned by this Act.
(b) The United States will work toward the purposes of subsection (a)
by --
(1) providing assistance to South African victims of apartheid
without discrimination by race, color, sex, religious belief, or
political orientation, to take advantage of educational
opportunities in South Africa and in the United States to prepare
for leadership positions in a post-apartheid South Africa;
(2) assisting victims of apartheid;
(3) aiding individuals or groups in South Africa whose goals
are to aid victims of apartheid or foster nonviolent legal or
political challenges to the apartheid laws;
(4) furnishing direct financial assistance to those whose
nonviolent activities had led to their arrest or detention by the
South African authorities and (B) to the families of those killed
by terrorist acts such as "necklacings";
(5) intervening at the highest political levels in South Africa
to express the strong desire of the United States to see the
development in South Africa of a nonracial democratic society;
(6) supporting the rights of the victims of apartheid through
political, economic, or other sanctions in the event the
Government of South Africa fails to make progress toward the
removal of the apartheid laws and the establishment of such
democracy; and
(7) supporting the rights of all Africans to be free of
terrorist attacks by setting a time limit after which the United
States will pursue diplomatic and political measures against those
promoting terrorism and against those countries harboring such
groups so as to achieve the objectives of this Act.
SEC. 104. "22 USC 5014" (a) The United States policy toward the
other countries in the Southern African region shall be designed to
encourage democratic forms of government, full respect for human rights,
an end to cross-border terrorism, political independence, and economic
development.
(b) The United States will work toward the purposes of subsection (a)
by --
(1) helping to secure the independence of Namibia and the
establishment of Namibia as a nonracial democracy in accordance
with appropriate United Nations Security Council resolutions;
(2) supporting the removal of all foreign military forces from
the region;
(3) encouraging the nations of the region to settle differences
through peaceful means;
(4) promoting economic development through bilateral and
multilateral economic assistance targeted at increasing
opportunities in the productive sectors of national economies,
with a particular emphasis on increasing opportunities for
non-governmental economic activities;
(5) encouraging, and when necessary, strongly demanding, that
all countries of the region respect the human rights of their
citizens and noncitizens residing in the country, and especially
the release of persons persecuted for their political beliefs or
detained without trial;
(6) encouraging, and when necessary, strongly demanding that
all countries of the region take effective action to end
cross-border terrorism; and
(7) providing appropriate assistance, within the limitations of
American responsibilities at home and in other regions, to assist
regional economic cooperation and the development of interregional
transportation and other capital facilities necessary for economic
growth.
SEC. 105. "22 USC 5015" It is the sense of the Congress that the
President should discuss with the governments of the African "frontline"
states the effects on them of disruptions in transportation or other
economic links through South Africa and of means of reducing those
effects.
SEC. 106. "22 USC 5016" (a)(1) United States policy will seek to
promote negotiations among representatives of all citizens of South
Africa to determine a future political system that would permit all
citizens to be full participants in the governance of their country.
The United States recognizes that important and legitimate political
parties in South Africa include several organizations that have been
banned and will work for the unbanning of such organizations in order to
permit legitimate political viewpoints to be represented at such
negotiations. The United States also recognizes that some of the
organizations fighting apartheid have become infiltrated by Communists
and that Communists serve on the governing boards of such organizations.
(2) To this end, it is the sense of the Congress that the President,
the Secretary of State, or other appropriate high-level United States
officials should meet with the leaders of opposition organizations of
South Africa, particularly but not limited to those organizations
representing the black majority. Furthermore, the President, in concert
with the major allies of the United States and other interested parties,
should seek to bring together opposition political leaders with leaders
of the Government of South Africa for the purpose of negotiations to
achieve a transition to the post-apartheid democracy envisioned in this
Act.
(b) The United States will encourage the Government of South Africa
and all participants to the negotiations to respect the right of all
South Africans to form political parties, express political opinions,
and otherwise participate in the political process without fear of
retribution by either governmental or nongovernmental organizations. It
is the sense of the Congress that a suspension of violence is an
essential precondition for the holding of negotiations. The United
States calls upon all parties to the conflict to agree to a suspension
of violence.
(c) The United States will work toward the achievement of agreement
to suspend violence and begin negotiations through coordinated actions
with the major Western allies and with the governments of the countries
in the region.
(d) It is the sense of the Congress that the achievement of an
agreement for negotiations could be promoted if the United States and
its major allies, such as Great Britain, Canada, France, Italy, Japan,
and West Germany, would hold a meeting to develop a four-point plan to
discuss with the Government of South Africa a proposal for stages of
multilateral assistance to South Africa in return for the Government of
South Africa implementing --
(1) an end to the state of emergency and the release of the
political prisoners, including Nelson Mandela;
(2) the unbanning of the African National Congress, the Pan
African Congress, the Black Consciousness Movement, and all other
groups willing to suspend terrorism and to participate in
negotiations and a democratic process;
(3) a revocation of the Group Areas Act and the Population
Registration Act and the granting of universal citizenship to all
South Africans, including homeland residents; and
(4) the use of the international offices of a third party as an
intermediary to bring about negotiations with the object of the
establishment of power-sharing with the black majority.
SEC. 107. "22 USC 5017" (a) The Congress finds that --
(1) international cooperation is a prerequisite to an effective
anti-apartheid policy and to the suspension of terrorism in South
Africa; and
(2) the situation in South Africa constitutes an emergency in
international relations and that action is necessary for the
protection of the essential security interests of the United
States.
(b) Accordingly, the Congress urges the President to seek such
cooperation among all individuals, groups, and nations.
SEC. 108. "22 USC 5018" It is the sense of the Congress that the
African National Congress should strongly condemn and take effective
actions against the execution by fire, commonly known as "necklacing",
of any person in any country.
SEC. 109. "22 USC 5019" It is the sense of the Senate that the
United States Ambassador should promptly make a formal request to the
South African Government for the United States Ambassador to meet with
Nelson Mandela.
SEC. 110. "22 USC 5020" (a) The Congress finds that --
(1) the policy of apartheid is abhorrent and morally repugnant;
(2) the United States believes strongly in the principles of
democracy and individual freedoms;
(3) the United States endorses the policy of political
participation of all citizens;
(4) a free, open, and vital economy is a primary means for
achieving social equality and economic advancement for all
citizens; and
(5) the United States is committed to a policy of securing and
enhancing human rights and individual dignity throughout the
world.
(b) It is the sense of the Congress that United States employers
operating in South Africa are obliged both generally to actively oppose
the policy and practices of apartheid and specifically to engage in
recruitment and training of black and colored South Africans for
management responsibilities.
SEC. 201. "22 USC 2151c" (a) Section 105(b) of the Foreign
Assistance Act of 1961 is amended --
(1) by inserting "(1)" after "(b)"; and
(2) by adding at the end thereof the following new paragraph:
"(2)(A)(i) Of the amounts authorized to be appropriated to carry out
this section for the fiscal years 1987, 1988, and 1989, not less than
$4,000,000 shall be used in each such fiscal year to finance education,
training, and scholarships for the victims of apartheid, including
teachers and other educational professionals, who are attending
universities and colleges in South Africa. Amounts available to carry
out this subparagraph shall be provided in accordance with the
provisions of section 802(c) of the International Security and
Development Cooperation Act of 1985. "99 Stat. 260."
"(ii) Funds made available for each such fiscal year for purposes of
chapter 4 of part II of this Act "22 USC 2346" may be used to finance
such education, training, and scholarships in lieu of an equal amount
made available under this subparagraph.
"(B)(i) In addition to amounts used for purposes of subparagraph (A),
the agency primarily responsible for administering this part, in
collaboration with other appropriate departments or agencies of the
United States, shall use assistance provided under this section or
chapter 4 of part II of this Act to finance scholarships for students
pursuing secondary school education in South Africa. The selection of
scholarship recipients shall be by a nationwide panel or by regional
panels appointed by the United States chief of diplomatic mission to
South Africa.
"(ii) Of the amounts authorized to be appropriated to carry out this
section and chapter 4 of part II of this Act for the fiscal years 1987,
1988, and 1989, up to an aggregate of $1,000,000 may be used in each
such fiscal year for purposes of this subparagraph.
"(C)(i) In addition to the assistance authorized in subparagraph (A),
the agency primarily responsible for administering this part shall
provide assistance for inservice teacher training programs in South
Africa through such nongovernmental organizations as TOPS or teachers'
unions.
"(ii) Of the amounts authorized to be appropriated to carry out this
section and chapter 4 of part II of this Act, up to an aggregate of
$500,000 for the fiscal year 1987 and up to an aggregate of $1,000,000
for the fiscal year 1988 may be used for purposes of this subparagraph,
subject to standard procedures for project review and approval.".
(b) The Foreign Assistance Act of 1961 is amended by inserting after
section 116 "22 USC 2151 note 22 USC 2151o" the following new section:
"SEC. 117. ASSISTANCE FOR DISADVANTAGED SOUTH AFRICANS. -- In
providing assistance under this chapter or under chapter 4 of part II of
this Act for disadvantaged South Africans, priority shall be given to
working with and through South African nongovernmental organizations
whose leadership and staff are selected on a nonracial basis, and which
have the support of the disadvantaged communities being served. The
measure of this community support shall be the willingness of a
substantial number of disadvantaged persons to participate in activities
sponsored by these organizations. Such organizations to which such
assistance may be provided include the Educational Opportunities
Council, the South African Institute of Race Relations, READ,
professional teachers' unions, the Outreach Program of the University of
the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, TOPS,
the Wilgespruit Fellowship Center (WFC), and civic and other
organizations working at the community level which do not receive funds
from the Government of South Africa.".
SEC. 202. (a) Section 116(e)(2)(A) of the Foreign Assistance Act "22
USC 2151n" of 1961 is amended --
(1) by striking out "1984 and" and inserting in lieu thereof
"1984,"; and
(2) by inserting after "1985" a comma and the following: "and
$1,500,000 for the fiscal year 1986 and for each fiscal year
thereafter".
(b) Section 116 of such Act is amended by adding at the end thereof
the following new subsection:
"(f)(1) Of the funds made available to carry out subsection (e)(2)(
A) for each fiscal year, not less than $500,000 shall be used for direct
legal and other assistance to political detainees and prisoners and
their families, including the investigation of the killing of protesters
and prisoners, and for support for actions of black-led community
organizations to resist, through nonviolent means, the enforcement of
apartheid policies such as --
"(A) removal of black populations from certain geographic areas
on account of race or ethnic origin,
"(B) denationalization of blacks, including any distinctions
between the South African citizenships of blacks and whites,
"(C) residence restrictions based on race or ethnic origin,
"(D) restrictions on the rights of blacks to seek employment in
South Africa and to live wherever they find employment in South
Africa, and
"(E) restrictions which make it impossible for black employees
and their families to be housed in family accommodations near
their place of employment.
"(2)(A) No grant under this subsection may exceed $100,000.
"(B) The average of all grants under this paragraph made in any
fiscal year shall not exceed $70,000.
"(g) Of the funds made available to carry out subsection (e)(2)(A)
for each fiscal year, $175,000 shall be used for direct assistance to
families of victims of violence such as 'necklacing' and other such
inhumane acts. An additional $175,000 shall be made available to black
groups in South Africa which are actively working toward a multi-racial
solution to the sharing of political power in that country through
nonviolent, constructive means.".
SEC. 203. "22 USC 5031" (a) The Congress declares that --
(1) the denial under the apartheid laws of South Africa of the
rights of South African blacks and other nonwhites to have the
opportunity to participate equitably in the South African economy
as managers or owners of, or professionals in, business
enterprises, and
(2) the policy of confining South African blacks and other
nonwhites to the status of employees in minority-dominated
businesses,
is an affront to the values of a free society.
(b) The Congress hereby --
(1) applauds the commitment of nationals of the United States
adhering to the Code of Conduct to assure that South African
blacks and other nonwhites are given assistance in gaining their
rightful place in the South African economy; and
(2) urges the United States Government to assist in all
appropriate ways the realization by South African blacks and other
nonwhites of their rightful place in the South African economy.
(c) Notwithstanding any other provision of law, the Secretary of
State and any other head of a department or agency of the United States
carrying out activities in South Africa shall, to the maximum extent
practicable, in procuring goods or services, make affirmative efforts to
assist business enterprises having more than 50 percent beneficial
ownership by South African blacks or other nonwhite South Africans.
SEC. 204. "12 USC 635" Section 2(b)(9) of the Export-Import Bank Act
of 1945 is amended --
(1) by striking out "(9) In" and inserting in lieu thereof
"(9)(A) Except as provided in subparagraph (B), in"; and
(2) by adding at the end thereof the following:
"(B) The Bank shall take active steps to encourage the use of its
facilities to guarantee, insure, extend credit, or participate in the
extension of credit to business enterprises in South Africa that are
majority owned by South African blacks or other nonwhite South Africans.
The certification requirement contained in clause (c) of subparagraph
(A) shall not apply to exports to or purchases from business enterprises
which are majority owned by South African blacks or other nonwhite South
Africans.".
SEC. 205. "22 USC 5032" (a) It is the sense of the Congress that the
labor practices used by the United States Government --
(1) for the direct hire of South Africans,
(2) for the reimbursement out of official residence funds of
South Africans and employees of South African organizations for
their long-term employment services on behalf of the United States
Government, and
(3) for the employment services of South Africans arranged by
contract,
should represent the best of labor practices in the United States and
should serve as a model for the labor practices of nationals of the
United States in South Africa.
(b) The Secretary of State and any other head of a department or
agency of the United States carrying out activities in South Africa
shall promptly take, without regard to any provision of law, the
necessary steps to ensure that the labor practices applied to the
employment services described in paragraphs (1) through (3) of
subsection (a) are governed by the Code of Conduct. Nothing in this
section shall be construed to grant any employee of the United States
the right to strike.
SEC. 206. "22 USC 5033" (a) The Secretary of State shall acquire,
through lease or purchase, residential properties in the Republic of
South Africa that shall be made available, at rents that are equitable,
to assist victims of apartheid who are employees of the United States
Government in obtaining adequate housing. Such properties shall be
acquired only in neighborhoods which would be open to occupancy by other
employees of the United States Government in South Africa.
(b) There are authorized to be appropriated $10,000,000 for the
fiscal year 1987 to carry out the purposes of this section.
SEC. 207. "22 USC 5034" (a) Any national of the United States that
employes more than 25 persons in South Africa shall take the necessary
steps to insure that the Code of Conduct is implemented.
(b) No department or agency of the United States may intercede with
any foreign government or foreign national regarding the export
marketing activities in any country of any national of the United States
employing more than 25 persons in South Africa that is not implementing
the Code of Conduct.
SEC. 208. "22 USC 5035" (a) The Code of Conduct referred to in
sections 203, 205, 207, and 603 of this Act is as follows:
(1) desegregating the races in each employment facility;
(2) providing equal employment opportunity for all employees
without regard to race or ethnic origin;
(3) assuring that the pay system is applied to all employees
without regard to race or ethnic origin;
(4) establishing a minimum wage and salary structure based on
the appropriate local minimum economic level which takes into
account the needs of employees and their families;
(5) increasing by appropriate means the number of persons in
managerial, supervisory, administrative, clerical, and technical
jobs who are disadvantaged by the apartheid system for the purpose
of significantly increasing their representation in such jobs;
(6) taking reasonable steps to improve the quality of
employees' lives outside the work environment with respect to
housing, transportation, schooling, recreation, and health; and
(7) implementing fair labor practices by recognizing the right
of all employees, regardless of racial or other distinctions, to
self-organization and to form, join, or assist labor
organizations, freely and without penalty or reprisal, and
recognizing the right to refrain from any such activity.
(b) It is the sense of the Congress that in addition to the
principles enumerated in subsection (a), nationals of the United States
subject to section 207 should seek to comply with the following
principle: taking reasonable measures to extend the scope of influence
on activities outside the workplace, including --
(1) supporting the unrestricted rights of black businesses to
locate in urban areas;
(2) influencing other companies in South Africa to follow the
standards of equal rights principles;
(3) supporting the freedom of mobility of black workers to seek
employment opportunities wherever they exist, and make provision
for adequate housing for families of employees within the
proximity of workers' employment; and
(4) supporting the rescission of all apartheid laws.
(c) The President may issue additional guidelines and criteria to
assist persons who are or may be subject to section 207 in complying
with the principles set forth in subsection (a) of this section. The
President may, upon request, give an advisory opinion to any person who
is or may be subject to this section or would be considered to be in
compliance with the principles set forth in subsection (a).
(d) The President may require all nationals of the United States
referred to in section 207 to register with the United States
Government.
(e) Notwithstanding any other provision of law, the President may
enter into contracts with one or more private organizations or
individuals to assist in implementing this section.
SEC. 209. "22 USC 5036" No assistance may be provided under this Act
to any group which maintains within its ranks any individual who has
been found to engage in gross violations of internationally recognized
human rights (as defined in section 502B(d)(1) of the Foreign Assistance
Act of 1961) "22 USC 2304."
SEC. 210. "22 USC 5037" Whenever the President determines that such
action is necessary or appropriate to meet food shortages in southern
Africa, the President is authorized to utilize the existing, authorized,
and funded reserve entitled the "Emergency Reserve for African Famine
Relief" to provide food assistance and transportation for that
assistance.
SEC. 211. "22 USC 5038" No assistance may be provided under this
Act, the Foreign Assistance Act of 1961 "22 USC 2151 note" or any other
provision of law to any individual, group, organization, or member
thereof, or entity that directly or indirectly engages in, advocates,
supports, or approves the practice of execution by fire, commonly know
as "necklacing".
SEC. 212. "22 USC 5039" Notwithstanding any other provision of this
Act or any other provision of law, the Secretary of Agriculture may
permit South Africa to participate in agricultural export credit and
promotion programs conducted by the Secretary at similar levels, and
under similar terms and conditions, as other countries that have
traditionally purchased United States agricultural commodities and the
products thereof.
SEC. 301. "22 USC 5051" No person, including a bank, may import into
the United States any South African krugerrand or any other gold coin
minted in South Africa or offered for sale by the Government of South
Africa.
SEC. 302. "22 USC 5052" No arms, ammunition, or military vehicles
produced in South Africa or any manufacturing data for such articles may
be imported into the United States.
SEC. 303. "22 USC 5053" (a) Notwithstanding any other provision of
law, no article which is grown, produced, manufactured by, marketed, or
otherwise exported by a parastatal organization of South Africa may be
imported into the United States, (1) except for agricultural products
during the 12-month period from the date of enactment; and (2) except
for those strategic minerals for which the President has certified to
the Congress that the quantities essential for the economy or defense of
the United States are unavailable from reliable and secure suppliers and
except for any article to be imported pursuant to a contract entered
into before August 15, 1986 1986: Provided, that no shipments may be
received by a national of the United States under such contract after
April 1, 1987.
(b) For purposes of this section, the term "parastatal organization"
means a corporation or partnership owned or controlled or subsidized by
the Government of South Africa, but does not mean a corporation or
partnership which previously received start-up assistance from the South
African Industrial Development Corporation but which is now privately
owned.
SEC. 304. "22 USC 5054" (a) No computers, computer software, or
goods or technology intended to manufacture or service computers may be
exported to or for use by any of the following entities of the
Government of South Africa:
(1) The military.
(2) The police.
(3) The prison system.
(4) The national security agencies.
(5) ARMSCOR and its subsidiaries or the weapons research
activities of the Council for Scientific and Industrial Research.
(6) The administering authorities for controlling the movements
of the victims of apartheid.
(7) Any apartheid enforcing agency.
(8) Any local, regional, or homelands government entity which
performs any function of any entity described in paragraphs (1)
through (7).
(b)(1) Computers, computer software, and goods or technology intended
to service computers may be exported, directly or indirectly, to or for
use by an entity of the Government of South Africa other than those set
forth in subsection (a) only if a system of end use verification is in
effect to ensure that the computers involved will not be used for any
function of any entity set forth in subsection (a).
(2) The Secretary of Commerce may prescribe such rules and
regulations as may be necessary to carry out this section.
SEC. 305. "22 USC 5055" (a) No national of the United States may
make or approve any loan or other extension of credit, directly or
indirectly, to the Government of South Africa or to any corporation,
partnership or other organization which is owned or controlled by the
Government of South Africa.
(b) The prohibiton contained in subsection (a) shall not apply to --
(1) a loan or extension of credit for any education, housing,
or humanitarian benefit which --
(A) is available to all persons on a nondiscriminatory basis;
or
(B) is available in a geographic area accessible to all
population groups without any legal or administrative restriction;
or
(2) a loan or extension of credit for which an agreement is
entered into before the date of enactment of this Act.
SEC. 306. "22 USC 5056" (a)(1) The President shall immediately
notify the Government of South Africa of his intention to suspend the
rights of any air carrier designated by the Government of South Africa
under the Agreement Between the Government of the United States of
America and the Government of the Union of South Africa Relating to Air
Services Between Their Respective Territories, signed May 23, 1947, to
service the routes provided in the Agreement. "61 Stat. 3057."
(2) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation to revoke the right of any
air carrier designated by the Government of South Africa under the
Agreement to provide service pursuant to the Agreement.
(3) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation not to permit or otherwise
designate any United States air carrier to provide service between the
United States and South Africa pursuant to the Agreement.
(b)(1) The Secretary of State shall terminate the Agreement Between
the Government of the United States of America and the Government of the
Union of South Africa Relating to Air Services Between Their Respective
Territories, signed May 23, 1947, in accordance with the provisions of
that agreement.
(2) Upon termination of such agreement, the Secretary of
Transportation shall prohibit any aircraft of a foreign air carrier
owned, directly or indirectly, by the Government of South Africa or by
South African nationals from engaging in air transportation with respect
to the United States.
(3) The Secretary of Transportation shall prohibit the takeoff and
landing in South Africa of any aircraft by an air carrier owned,
directly or indirectly, or controlled by a national of the United States
or by any corporation or other entity organized under the laws of the
United States or of any State.
(c) The Secretary of Transportation may provide for such exceptions
from the prohibition contained in subsection (a) or (b) as the Secretary
considers necessary to provide for emergencies in which the safety of an
aircraft or its crew or passengers is threatened.
(d) For purposes of this section, the terms "aircraft", "air
transportation", and "foreign air carrier" have the meanings given those
terms in section 101 of the Federal Aviation Act of 1958 (49 U.S. C.
1301). "49 USC app. 1301."
SEC. 307. "22 USC 5057 42 USC 2139" (a) Notwithstanding any other
provision of law --
(1) the Nuclear Regulatory Commission shall not issue any
license for the export to South Africa of production or
utilization facilities, any source or special nuclear material or
sensitive nuclear technology, or any component parts, items, or
substances which the Commission has determined, pursuant to
section 109b. of the Atomic Energy Act, to be especially relevant
from the standpoint of export control because of their
significance for nuclear explosive purposes;
(2) the Secretary of Commerce shall not issue any license for
the export to South Africa of any goods or technology which have
been determined, pursuant to section 309(c) "42 USC 2139a" of the
Nuclear Non-Proliferation Act of 1978, to be of significance for
nuclear explosive purposes for use in, or judged by the President
to be likely to be diverted to, a South African production or
utilization facility;
(3) the Secretary of Energy shall not, under section 57b.(2) of
the Atomic Energy Act, "42 USC 2077" authorize any person to
engage, directly or indirectly, in the production of special
nuclear material in South Africa; and
(4) no goods, technology, source or special nuclear material,
facilities, components, items, or substances referred to in
clauses (1) through (3) shall be approved by the Nuclear
Regulatory Commission or an executive branch agency for retransfer
to South Africa,
unless the Secretary of State determines and certifies to the Speaker of
the House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate that the Government of South Africa is a
party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow on July 1, 1968, "21 UST 483" or
otherwise maintains International Atomic Energy Agency safeguards on all
its peaceful nuclear activities, as defined in the Nuclear
Non-Proliferation Act of 1978. "22 USC 3201 note."
(b) Nothing in this section shall preclude --
(1) any export, retransfer, or activity generally licensed or
generally authorized by the Nuclear Regulatory Commission or the
Department of Commerce or the Department of Energy; or
(2) assistance for the purpose of developing or applying
International Atomic Energy Agency or United States bilateral
safeguards, for International Atomic Energy Agency programs
generally available to its member states, for reducing the use of
highly enriched uranium in research or test reactors, or for other
technical programs for the purpose of reducing proliferation
risks, such as programs to extend the life of reactor fuel and
activities envisaged by section 223 of the Nuclear Waste Policy
Act of 1982 "42 USC 10203" or which are necessary for humanitarian
reasons to protect the public health and safety.
(c) The prohibitions contained in subsection (a) shall not apply with
respect to a particular export, retransfer, or activity, or a group of
exports, retransfers, or activities, if the President determines that to
apply the prohibitions would be seriously prejudicial to the achievement
of United States nonproliferation objectives or would otherwise
jeopardize the common defense and security of the United States and, if
at least 60 days before the initial export, retransfer, or activity is
carried out, the President submits to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate a report setting forth that determination, together with
his reasons therefor.
SEC. 308. "22 USC 5058" (a) A United States depository institution
may not accept, receive, or hold a deposit account from the Government
of South Africa or from any agency or entity owned or controlled by the
Government of South Africa except for such accounts which may be
authorized by the President for diplomatic or consular purposes. For
purposes of the preceding sentence, the term "depository institution"
has the same meaning as in section 19(b)(1) of the Federal Reserve Act.
"12 USC 461."
(b) The prohibition contained in subsection (a) shall take effect 45
days after the date of enactment of this Act.
SEC. 309. "22 USC 5059" (a) Notwithstanding any other provision of
law, no --
(1) uranium ore, (2) uranium oxide, (3) coal, or (4) textiles,
that is produced or manufactured in South Africa may be imported into
the United States.
(b) This section shall take effect 90 days after the date of
enactment of this Act.
SEC. 310. "22 USC 5060" (a) No national of the United States may,
directly or through another person, make any new investment in South
Africa.
(b) The prohibition contained in subsection (a) shall take effect 45
days after the date of enactment of this Act.
(c) The prohibition contained in this section shall not apply to a
firm owned by black South Africans.
SEC. 311. "22 USC 5061" (a) This title and sections 501(c) and 504(
b) shall terminate if the Government of South Africa --
(1) releases all persons persecuted for their political beliefs
or detained unduly without trial and Nelson Mandela from prison;
(2) repeals the state of emergency in effect on the date of
enactment of this Act and releases all detainees held under such
state of emergency;
(3) unbans democratic political parties and permits the free
exercise by South Africans of all races of the right to form
political parties, express political opinions, and otherwise
participate in the political process;
(4) repeals the Group Areas Act and the Population Registration
Act and institutes no other measures with the same purposes; and
(5) agrees to enter into good faith negotiations with truly
representative members of the black majority without
preconditions.
(b) The President may suspend or modify any of the measures required
by this title or section 501(c) or section 504(b) thirty days after he
determines, and so reports to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate, that the Government of South Africa has --
(1) taken the action described in paragraph (1) of subsection
(a),
(2) taken three of the four actions listed in paragraphs (2)
through (5) of subsection (a), and
(3) made substantial progress toward dismantling the system of
apartheid and establishing a nonracial democracy,
unless the Congress enacts within such 30-day period, in accordance with
section 602 of this Act, a joint resolution disapproving the
determination of the President under this subsection.
(c) It is the policy of the United States to support the negotiations
with the representatives of all communities as envisioned in this Act.
If the South African Government agrees to enter into negotiations
without preconditions, abandons unprovoked violence against its
opponents, commits itself to a free and democratic post-apartheid South
Africa under a code of law; and if nonetheless the African National
Congress, the Pan African Congress, or their affiliates, or other
oranizations, refuse to participate; or if the African National
Congress, the Pan African Congress or other organizations --
(1) refuse to abandon unprovoked violence during such
negotiations; and
(2) refuse to commit themselves to a free and democratice
post-apartheid South Africa under a code of law,
then the United States will support negotiations which do not include
these organizations.
SEC. 312. "22 USC 5062" (a) United States policy toward violence in
South Africa shall be designed to bring about an immediate end to such
violence and to promote negotiations concluding with a removal of the
system of apartheid and the establishment of a non-racial democracy in
South Africa.
(b) The United States shall work toward this goal by diplomatic and
other measures designed to isolate those who promote terrorist attacks
on unarmed civilians or those who provide assistance to individuals or
groups promoting such activities.
(c) The Congress declares that the abhorrent practice of "necklacing"
and other equally inhumane acts which have been practices in South
Africa by blacks against fellow blacks are an affront to all throughout
the world who value the rights of individuals to live in an atmosphere
free from fear of violent reprisals.
SEC. 313. "22 USC 5063" The Secretary of State shall terminate
immediately the following convention and protocol, in accordance with
its terms, the Convention Between the Government of the United States of
America and the Government of the Union of South Africa for the
Avoidance of Double Taxation and for Establishing Rules of Reciprocal
Administrative Assistance With Respect to Taxes on Income, done at
Pretoria on December 13, 1946, and the protocol relating thereto.
SEC. 314. On or after the date of enactment of this Act, "22 USC
5064" no department, agency or any other entity of the United States
Government may enter into a contract for the procurement of goods or
services from parastatal organizations except for items necessary for
diplomatic and consular purposes.
SEC. 315. "22 USC 5065" None of the funds appropriated or otherwise
made available by any provision of law may be available to promote
United States tourism in South Africa.
SEC. 316. "22 USC 5066" None of the funds appropriated or otherwise
made available by any provision of law may be available for any
assistance to investment in, or any subsidy for trade with, South
Africa, including but not limited to funding for trade missions in South
Africa and for participation in exhibitions and trade fairs in South
Africa.
SEC. 317. "22 USC 5067" (a) Except as provided in subsection (b), no
item contained on the United States Munition List which is subject to
the jurisdiction of the United States may be exported to South Africa.
(b) Subsection (a) does not apply to any item which is not covered by
the United Nations Security Council Resolution 418 of November 4, 1977,
and which the President determines is exported solely for commercial
purposes and not exported for use by the armed forces, police, or other
security forces of South Africa or for other military use.
(c) The President shall prepare and submit to Congress every six
months a report describing any license issued pursuant to subsection
(b).
SEC. 318. (a) Notwithstanding any other provision of this Act, "22
USC 5068" the President shall:
(i) notify the Congress of his intent to allow the export to
South Africa any item which is on the United States Munition List
and which is not covered by the United Nations Security Council
Resolution 418 of November 4, 1977, and
(ii) certify that such item shall be used solely for commercial
purposes and not exported for use by the armed forces, police, or
other security forces of South Africa or for other military use.
(b) The Congress shall have 30 calendar days of continuous session
(compute as provided in section 906(b) of title 5, United States Code)
to disapprove by joint resolution of any such sale.
SEC. 319. "22 USC 5069" Notwithstanding any other provision of law,
no:
(1) agricultural commodity, product, byproduct of derivitive
thereof,
(2) article that is suitable for human consumption, that is a
product of South Africa may be imported into the customs territory
of the United States after the date of enactment of this Act.
SEC. 320. "22 USC 5070" Notwithstanding any other provision of law,
no iron or steel produced in South Africa may be imported into the
United States.
SEC. 321. "22 USC 5071" (a) No crude oil or refined petroleum
product which is subject to the jurisdiction of the United States or
which is exported by a person subject to the jurisdiction of the United
States may be exported to South Africa.
(b) Subsection (a) does not apply to any export pursuant to a
contract entered into before the date of enactment of this Act.
SEC. 322. "22 USC 5072" No agency or entity of the United States may
engage in any form of cooperation, direct or indirect, with the armed
forces of the Government of South Africa, except activities which are
reasonably designed to facilitate the collection of necessary
intelligence. Each such activity shall be considered a significant
anticipated intelligence activity for purposes of section 501 of the
National Security Act of 1947. "50 USC 413."
SEC. 323. "22 USC 5073" (a)(1) Notwithstanding any other provision
of law, no sugars,, sirups, or molasses that are products of the
Republic of South Africa may be imported into the United States after
the date of enactment of this Act.
(2) The aggregate quantity of sugars, sirups, and molasses that --
(A) are products of the Philippines, and
(B) may be imported into the United States (determined without
regard to this paragraph) under any limitation imposed by law on
the quantity of all sugars, sirups, and molasses that may be
imported into the United States during any period of time imported
into the United States during any period of time occurring after
the date of enactment of this Act,
shall be increased by the aggregate quantity of sugars, sirups, and
mollasses that are products of the Republic of South Africa which may
have been imported into the United States under such limitation during
such period if this section did not apply to such period.
(b)(1) Paragraph (c)(i) of headnote 3 of subpart A of part 10 of
schedule 1 of the Tariff Schedules of the United States is amended --
(A) by striking out "13.5" in the item relating to the
Philippines in the table and inserting in lieu thereof "15.8", and
(B) by striking out the item relating to the Republic of South
Africa in the table.
(2) Paragraph (c) of headnote 3 of subpart A of part 10 of schedule 1
of the Tariff Schedules of the United States is amended by adding at the
end thereof the following new subparagraph:
"(iii) Notwithstanding any authority given to the United States Trade
Representative under paragraphs (e) and (g) of this headnote --
"(A) the percentage allocation made to the Philippines under
this paragraph may not be reduced, and
"(B) no allocation may be made to the Republic of South Africa,
in allocating any limitation imposed under any paragraph of this
headnote on the quantity of sugars, sirups, and molasses described in
items 155.20 and 155.30 which may be entered."
SEC. 401. "22 USC 5081" (a) It is the policy of the United States to
seek international cooperative agreements with the other industrialized
democracies to bring about the complete dismantling of apartheid.
Sanctions imposed under such agreements should be both direct and
official executive or legislative acts of governments. The net economic
effect of such cooperative should be measurably greater than the net
economic effect of the measures imposed by this Act.
(b)(1) Negotiations to reach international cooperative arrangements
with the other industrialized democracies and other trading partners of
South Africa on measures to bring about the complete dismantling of
apartheid should begin promptly and should be concluded not later than
180 days from the enactment of this Act. During this period, the
President or, at his direction, the Secretary of State should convene an
international conference of the other industrialized democracies in
order to reach cooperative agreements to impose sanctions against South
Africa to bring about the complete dismantling of apartheid.
(2) The President shall, not less than 180 days after the date of
enactment of this Act, submit to the Congress a report containing
(A) a description of United States efforts to negotiate
multilateral measures to bring about the complete dismantling of
apartheid; and
(B) a detailed description of economic and other measures
adopted by the other industrialized countries to bring about the
complete dismantling of apartheid, including an assessment of the
stringency with which such measures are enforced by those
countries.
(c) If the President successfully concludes an international
agreement described in subsection (b)(1), he may, after such agreement
enters into force with respect to the United States, adjust, modify, or
otherwise amend the measures imposed under any provision of sections 301
through 310 to conform with such agreement.
(d) Each agreement submitted to the Congress under this subsection
shall enter into force with respect to the United States if (and only
if) --
(1) the President, not less than 30 days before the day on
which he enters into such agreement, notifies the House of
Representatives and the Senate of his intention to enter into such
an agreement, and promptly thereafter publishes notice of such
intention in the Federal Register;
(2) after entering into the agreement, the President transmits
to the House of Representatives and to the Senate a document
containing a copy of the final legal text of such agreement,
together with --
(A) a description of any administrative action proposed to
implement such agreement and an explanation as to how the proposed
administrative action would change or affect existing law, and
(B) a statement of his reasons as to how the agreement serves
the interest of United States foreign policy and as to why the
proposed administrative action is required or appropriate to carry
out the agreement; and
(3) a joint resolution approving such agreement has been
enacted within 30 days of transmittal of such document to the
Congress.
(e) It is the sense of the Congress that the President should
instruct the Permanent Representative of the United States to the United
Nations to propose that the United Nations Security Council, pursuant to
Article 41 of the United Nations Charter, impose measures against South
Africa of the same type as are imposed by this Act.
SEC. 402. "22 USC 5082" The President is authorized to limit the
importation into the United States of any product or service of a
foreign country to the extent to which such foreign country benefits
from, or otherwise takes commercial advantage of, any sanction or
prohibition against any national of the United States imposed by or
under this Act.
SEC. 403. (a) Any national of the United States who is required by
this Act "22 USC 5083" to terminate or curtail business activities in
South Africa may bring a civil action for damages against any person,
partnership, or corporation that takes commercial advantage or otherwise
benefits from such termination or curtailment.
(b) The action described in subsection (a) may only be brought,
without respect to the amount in controversy, in the United States
district court for the District of Columbia or the Court of
International Trade. Damages which may be recovered include lost
profits and the cost of bringing the action, including a reasonable
attorney's fee.
(c) The injured party must show by a preponderance of the evidence
that the damages have been the direct result of defendant's action taken
with the deliberate intent to injure the party.
SEC. 501. "22 USC 5091" (a) It shall be the policy of the United
States to impose additional measures against the Government of South
Africa if substantial progress has not been made within twelve months of
the date of enactment of this Act in ending the system of apartheid and
establishing a nonracial democracy.
(b) The President shall prepare and transmit to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate within twelve months of the date of enactment of
this Act, and every twelve months thereafter, a report on the extent to
which significant progress has been made toward ending the system of
apartheid, including --
(1) an assessment of the extent to which the Government of
South Africa has taken the steps set forth in section 101(b) of
this Act;
(2) an analysis of any other actions taken by the Government of
South Africa in ending the system of apartheid and moving toward a
nonracial democracy; and
(3) the progress, or lack of progress, made in reaching a
negotiated settlement to the conflict in South Africa.
(c) If the President determines that significant progress has not
been made by the Government of South Africa in ending the system of
apartheid and establishing a nonracial democracy, the President shall
include in the report required by subsection (b) a recommendation on
which of the following additional measures should be imposed:
(1) a prohibition on the importation of steel from South
Africa;
(2) a prohibition on military assistance to those countries
that the report required by section 508 identifies as continuing
to circumvent the international embargo on arms and military
technology to South Africa;
(3) a prohibition on the importation of food, agricultural
products, diamonds, and textiles from South Africa;
(4) a prohibition on United States banks accepting, receiving,
or holding deposit accounts from South African nationals; and
(5) a prohibition on the importation into the United States of
strategic minerals from South Africa.
(d) A joint resolution which would enact part or all of the measures
recommended by the President pursuant to subsection (c) shall be
considered in accordance with the provisions of section 602 of this Act.
SEC. 502. (a) Notwithstanding any other provision of this Act, the
President may lift any prohibition contained in this Act imposed against
South Africa if the President determines, after six months from the date
of the imposition of such prohibition, and so reports to Congress, that
such prohibition would increase United States dependence upon any member
country or observer country of the Council for Mutual Economic
Assistance (C.M.E.A.) for the importation of coal or any strategic and
critical material by an amount which exceeds by weight the average
amounts of such imports from such country during the period 1981 through
1985.
(b)(1) Not later than 30 days after the date of enactment of this
Act, the Secretary of Commerce shall prepare and transmit to the
Congress a report setting forth for each country described in subsection
(a) --
(A) The average amount of such imports from such country during
the period of 1981 through 1985; and
(B) the current amount of such imports from such country
entering the United States.
(2) Thirty days after transmittal of the report required by paragraph
(1) and every thirty days thereafter, the President shall prepare and
transmit the information described in paragraph (1)(B).
SEC. 503. "22 USC 5093" The Secretary of State shall conduct a study
to examine the state of health conditions and to determine the extent of
starvation and malnutrition now prevalent in the "homelands" areas of
South Africa and shall, not later than December 1, 1986, prepare and
transmit to the Speaker of the House of Representatives and the chairman
of the Committee on Foreign Relations of the Senate a report setting
forth the results of such study.
SEC. 504. (a) Not later than 90 days after the date of enactment of
this Act, "22 USC 5094" the President shall submit to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report on the extent to which the United
States is dependent on the importation from South Africa of --
(1) chromium, (2) cobalt, (3) manganese, (4) platinum group
metals, (5) ferroalloys, and (6) other strategic and critical
materials (within the meaning of the Strategic and Critical
Materials Stock Piling Act). "50 USC 98 et seq."
(b) The President shall develop a program which reduces the
dependence, if any, of the United States on the importation from South
Africa of the materials identified in the report submitted under
subsection (a).
SEC. 505. "22 USC 5095" (a) The President shall conduct a study on
the role of American assistance in southern Africa to determine what
needs to be done, and what can be done to expand the trade, private
investment, and transport prospects of southern Africa's landlocked
nations.
(b) Not later than 180 days after the date of enactment of this Act,
the President shall prepare and transmit to the chairman of the
Committee on Foreign Affairs of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a report
setting forth the findings of the study conducted under subsection (a).
SEC. 506. "22 USC 5096" (a) Not later than 180 days after the date
of enactment of this Act, the President shall prepare and transmit to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate a report containing a
detailed assessment of the economic and other relationships of other
industrialized democracies with South Africa. Such report shall be
transmitted without regard to whether or not the President successfully
concluded an international agreement under section 401.
(b) For purposes of this section, the phrase "economic and other
relationships" includes the same types of matters as are described in
sections 201, 202, 204, 205, 206, 207, sections 301 through 307, and
sections 309 and 310 of this Act.
SEC. 507. "22 USC 5097" (a)(1) The Secretary of the Treasury shall
conduct a study on the feasibility of prohibiting each depository
institution from accepting, receiving, or holding a deposit account from
any South African national.
(2) For purposes of paragraph (1), the term "depository institution"
has the same meaning as in section 19(b)(1) of the Federal Reserve Act.
"12 USC 461."
(b) Not later than 180 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit to the Speaker of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report detailing the findings of the study
required by subsection (a).
SEC. 508. "22 USC 5098" (a) The President shall conduct a study on
the extent to which the international embargo on the sale and exports of
arms and military technology to South Africa is being violated.
(b) Not later than 179 days after the date of enactment of this Act,
the President shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign relations
of the Senate a report setting forth the findings of the study required
by subsection (a), including an identification of those countries
engaged in such sale or export, with a view to terminating United States
military assistance to those countries.
SEC. 509. (a) Not later than 90 days after the date of enactment of
this Act, "22 USC 5099" the President shall prepare and transmit to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Affairs of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate an
unclassified version of a report, prepared with the assistance of the
Director of the Central Intelligence Agency, the Director of the Defense
Intelligence Agency, the National Security Advisor, and other relevant
United States Government officials in the intelligence community, which
shall set forth the activities of the Communist Party in South Africa,
the extent to which Communists have infiltrated the many black and
nonwhite South African organizations engaged in the fight against the
apartheid system, and the extent to which any such Communist
infiltration or influence sets the policies and goals of the
organizations with which they are involved.
(b) At the same time the unclassified report in subsection (a) is
transmitted as set forth in that subsection, a classified version of the
same report shall be transmitted to the chairmen of the Select Committee
on Intelligence of the Senate and of the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 510. "22 USC 5100" (a) No person, including a bank, may import
into the United States any gold coin minted in the Union of Soviet
Socialist Republics or offered for sale by the Government of the Soviet
Socialist Republics.
(b) For purposes of this section, the term "United States" includes
the States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of the
United States.
(c) Any individual who violates this section or any regulations
issued to carry out this section shall be fined not more than five times
the value of the rubles involved.
SEC. 511 (a) Chapter 4 of part II of the Foreign Assistance Act of
1961 is amended by adding at the end thereof the following new section:
"SEC. 535. "22 USC 2346d" ECONOMIC SUPPORT FOR DISADVANTAGED SOUTH
AFRICANS. -- (a)(1) Up to $40,000,000 of the funds authorized to be
appropriated to carry out this chapter for the fiscal year 1987 and each
fiscal year thereafter shall be available for assistance for
disadvantaged South Africans. Assistance under this section shall be
provided for activities that are consistent with the objective of a
majority of South Africans for an end to the apartheid system and the
establishment of a society based on non-racial principles. Such
activities may include scholarships, assistance to promote the
participation of disadvantaged South Africans in trade unions and
private enterprise, alternative education and community development
programs.
"(2) Up to $3,000,000 of the amounts provided in each fiscal year
pursuant to subsection (a) shall be available for training programs for
South Africa's trade unionists.
"(b) Assistance provided pursuant to the section shall be made
available notwithstanding any other provision of law and shall not be
used to provide support to organizations or groups which are financed or
controlled by the Government of South Africa. Nothing in this
subsection may be construed to prohibit programs which are consistent
with subsection (a) and which award scholarships to students who choose
to attend South African-supported institutions.".
(b) Not later than 90 days after the date of enactment of this Act,
"22 USC 2346d note" the Secretary of State shall prepare and transmit to
the Congress a report describing the strategy of the President during
the five-year period beginning on such date regarding the assistance of
black Africans pursuant to section 535 of the Foreign Assistance Act of
1961 and describing the programs and projects to be funded under such
section.
SEC. 512. "22 USC 5101" (a) Not later than 180 days after the date of
enactment of this Act, the Attorney General shall prepare and transmit
to the Congress a report on actual and alleged violations of the Foreign
Agents Registration Act of 1938, "22 USC 611" and the status of any
investigation pertaining thereto, by representatives of governments or
opposition movements in Subsaharan Africa, including, but not limited
to, members or representatives of the African National Congress.
(b) For purposes of conducting any investigations necessary in order
to provide a full and complete report, the Attorney General shall have
full authority to utilize civil investigative demand procedures,
including but not limited to the issuance of civil subpenas.
SEC. 601. The President shall issue such rules, regulations,
licenses, and orders as are necessary to carry out the provisions of
this Act, "22 USC 5111" including taking such steps as may be necessary
to continue in effect the measures imposed by Executive Order 12532 "50
USC 1701 note" of September 9, 1985, and Executive Order 12535 of
October 1, 1985, and by any rule, regulation, license, or order issued
thereunder (to the extent such measures are not inconsistent with this
Act).
SEC. 602. "22 USC 5112" (a)(1) The provisions of this subsection
apply to the consideration in the House of Representatives of a joint
resolution under sections 311(b), 401(d), and 501(d).
(2) a joint resolution shall, upon introduction, be referred to the
Committee on Foreign Affairs of the House of Representatives.
(3)(A) At any time after the joint resolution placed on the
appropriate calendar has been on that calendar for a period of 5
legislative days, it is in order for any Member of the House (after
consultation with the Speaker as to the most appropriate time for the
consideration of that joint resolution) to move that the House resolve
itself into the Committee of the Whole House on the State of the Union
for the consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the same
effect has been disagreed to. All points of order against the joint
resolution under clauses 2 and 6 of Rule XXI of the Rules of the House
are waived. If the motion is agreed to, the resolution shall remain the
unfinished business of the House until disposed of. A motion to
reconsider the vote by which the motion is disagree to shall not be in
order.
(B) Debate on the joint resolution shall not exceed ten hours, which
shall be divided equally between a Member favoring and a Member opposing
the joint resolution. A motion to limit debate is in order at any time
in the House or in the Committee of the Whole and is not debatable.
(C) An amendment to the joint resolution is not in order.
(D) At the conclusion of the debate on the joint resolution, the
Committee of the Whole shall rise and report the joint resolution back
to the House, and the previous question shall be considered as ordered
on the joint resolution to final passage without intervening motion.
(b)(1) The provisions of this subsection apply to the consideration
in the Senate of a joint resolution under section 311(b), 401(d), or
501(d).
(2) A joint resolution shall, upon introduction, be referred to the
Committee on Foreign Relations of the Senate.
(3) a joint resolution described in this section shall be considered
in the Senate in accordance with procedures contained in paragraphs (3)
through (7) of section 8066(c) of the Department of Defense
Appropriations Act, 1985 (as contained in Public Law 98-473), "98 Stat.
1935" except that --
(A) references in such paragraphs to the Committee on
Appropriations of the Senate shall be deemed to be references to
the Committee on Foreign Relations of the Senate; and
(B) amendments to the joint resolution are in order.
(c) For purposes of this subsection, the term "joint resolution"
means only --
(A) in the case of section 311(b), a joint resolution which is
introduced in a House of Congress within 3 legislative days after
the Congress receives the report described in section 311(b) and
for which the matter after the resolving clause reads as follows:
"That the Congress, having received on . . . the report of the
President containing the determination required by section 311(b)
of the Comprehensive Anti-Apartheid Act of 1986, disapproves of
such determination.", with the date of the receipt of the report
inserted in the blank;
(B) in the case of section 401(d)(3), a joint resolution which
is introduced in a House of Congress within 3 legislative days
after the Congress receives the document described in section
401(d)(2) and for which the matter after the resolving clause
reads as follows: "That the Congress, having received on the test
of the international agreement described in section 401(d)( 3) of
the Comprehensive Anti-Apartheid Act of 1986, approves of such
agreement.", with the date of the receipt of the text of the
agreement inserted in the blank; and
(C) in the case of section 501(d), a joint resolution which is
introduced in a House of Congress within 3 legislative days after
the Congress receives the determination of the President pursuant
to section 501(c) and for which the matter after the resolving
clause reads as follows: "That the Congress, having received on .
. . a determination of the President under section 501(c) of the
Comprehensive Anti-Apartheid Act of 1986, approves the President's
determination.", with the date of the receipt of the determination
inserted in the blank.
(d) As used in this section, the term "legislative day" means a day
on which the House of Representatives or the Senate is in session, as
the case may be.
(e) This section is enacted --
(1) as an exercise of the rulemaking powers of the House of
Representatives and the Senate, and as such it is deemed a part of
the Rules of the House and the Rules of the Senate, respectively,
but applicable only with respect to the procedure to be followed
in the House and the Senate in the case of joint resolutions under
this section, and it supersedes other rules only to the extent
that it is inconsistent with such rules, and
(2) with full recognition of the constitutional right of the
House and the Senate to change their rules at any time, in the
same manner, and to the same extent as in the case of any other
rule of the House or Senate, and of the right of the Committee on
Rules of the House of Representatives to report a resolution for
the consideration of any measure.
SEC. 603. "22 USC 5113" (a)(1) The President with respect to his
authorities under section 601 shall take the necessary steps to ensure
compliance with the provisions of this Act and any regulations,
licenses, and orders issued to carry out this Act, including
establishing mechanisms to monitor compliance with this Act and such
regulations, licenses, and orders.
(2) In ensuring such compliance, the President may --
(A) require any person to keep a full record of, and to furnish
under oath, in the form of reports or otherwise, complete
information relative to any act or transaction described in this
Act either before, during, or after the completion thereof, or
relative to any interest in foreign property, or relative to any
property in which a foreign country or any national thereof has or
has had any interest, or as may be otherwise necessary to enforce
the provisions of this Act; and
(B) conduct investigations, hold hearings, administer oaths,
examine witnesses, receive evidence, take depositions, and require
by subpena the attendance and testimony of witnesses and the
production of all books, papers, and documents relating to any
matter under investigation.
(b) Except as provided in subsection (d) --
(1) any person that violates the provisions of this Act, or any
regulation, license, or order issued to carry out this Act shall
be subject to a civil penalty of $50,000;
(2) any person, other than an individual, that willfully
violates the provisions of this Act, or any regulation, license,
or order issued to carry out this Act shall be fined not more than
$1,000,000;
(3) any individual who willfully violates the provisions of
this Act or any regulation, license, or order issued to carry out
this Act shall be fined not more than $50,000, or imprisoned not
more than 10 years, or both; and
(4) any individual who violates section 301(a) or any
regulations issued to carry out that section shall, instead of the
penalty set forth in paragraph (2), be fined not more than 5 times
the value of the krugerrands or gold coins involved.
(c)(1) Whenever a person commits a violation under subsection (b) --
(A) any officer, director, or employee of such person, or any
natural person in control of such person who knowingly and
willfully ordered, authorized, acquiesced in, or carried out the
act or practice constituting the violation, and
(B) any agent of such person who knowingly and willfully
carried out such act or practice,
shall be fined not more than $10,000, or imprisoned not more than 5
years, or both.
(2) Paragraph (1) shall not apply in the case of a violation by an
individual of section 301(a) of this Act or of any regulation issued to
carry out that section.
(3) A fine imposed under paragraph (1) on an individual for an act or
practice constituting a violation may not be paid, directly or
indirectly, by the person committing the violation itself.
(d)(1) Any person who violates any regulation issued under section
208(d) or who, in a registration statement or report required by the
Secretary of State, makes any untrue statement of a material fact or
omits to state a material fact required to be stated therein or
necessary to make the statements therein not misleading, shall be
subject to a civil penalty of not more than $10,000 imposed by the
Secretary of State. The provisions of subsections (d), (e), and (f) of
section 11 of the Export Administration Act of 1979 "50 USC app. 2410"
shall apply with respect to any such civil penalty.
(2) Any person who commits a willful violation under paragraph (1)
shall upon conviction be fined not more than $1,000,000 or imprisoned
not more than 2 years, or both.
(e) Nothing in this section may be construed to authorize the
imposition of any penalty for failure to implement the Code of Conduct.
SEC. 604. This Act and the regulations issued to carry out this Act
"22 USC 5114" shall apply to any person who undertakes or causes to be
undertaken any transaction or activity with the intent to evade this Act
or such regulations.
SEC. 605. Nothing in this Act "22 USC 5115" shall be construed as
constituting any recognition by the United States of the homelands
referred to in this Act.
SEC. 606. Notwithstanding section 210 of Public Law 99-349 "22 USC
5116" or any other provision of law --
(1) no reduction in the amount of funds for which a State or
local government is eligible or entitled under any Federal law may
be made, and
(2) no other penalty may be imposed by the Federal Government,
by reason of the application of any State or local law concerning
apartheid to any contract entered into by a State or local government
for 90 days after the date of enactment of this Act.
THOMAS S. FOLEY
Speaker pro tempore.
STROM THURMOND
President of the Senate pro tempore.
The House of Representatives having proceeded to reconsider the bill
(H.R. 4868) entitled "An Act to prohibit loans to, other investments in,
and certain other activities with respect to, South Africa, and for
other purposes", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, it
was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
BENJAMIN J. GUTHRIE
Clerk.
I certify that this Act originated in the House of Representatives.
BENJAMIN J. GUTHRIE
Clerk.
October 2 (legislative day, September 24), 1986.
The Senate having proceeded to reconsider the bill (H.R. 4868)
entitled "An Act to prohibit loans to, other investments in, and certain
other activities with respect to, South Africa, and for other purposes",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, and passed by the
House of Representatives on reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
JO-ANNE L. COE
Secretary.
LEGISLATIVE HISTORY -- H.R. 4868 (S. 2701):
HOUSE REPORTS: No. 99-638, Pt. 1 (Comm. on Foreign Affairs) and Pt.
2 (Comm. on Ways and Means).
SENATE REPORTS: No. 99-370 accompanying S. 2701 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 132 (1986): June 18, considered and
passed House. Aug. 13, 14, S. 2701 considered in Senate. Aug. 15, S.
2701 considered in Senate; H.R. 4868 considered and passed Senate,
amended. Sept. 12, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
2, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, House overrode
veto. Oct. 2, Senate overrode veto.
Public Law 99-439, 100 Stat. 1085
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1205(a) of
the Supplemental Appropriations Act, 1984 (2 U.S.C. 58a) is amended by
striking out "(except services for which the charge is based on the
amount of time the service is used)".
Approved October 2, 1986.
LEGISLATIVE HISTORY -- S. 2759:
SENATE REPORTS: No. 99-404 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-438, 100 Stat. 1083
Whereas, since the War of 1812, the people of the United States and
Canada have peacefully shared and extended the longest border in the
world;
Whereas more cultural and economic exchanges are made between the
United States and Canada than any other two countries;
Whereas the United States and Canada have welcomed immigrants from
all nations everywhere, resulting in rich and similar cultures in each
country;
Whereas the United States and Canada share common ideals and
institutions, including freedom, democracy, human rights, justice under
law, and an ardent desire for a peaceful world;
Whereas the United States and Canada have been allies against tyranny
in two World Wars;
Whereas the United States and Canada have confronted differences
between the two countries with diplomacy and goodwill;
Whereas the United States and Canada are rich in resources and,
together, represent an ever-more-powerful prospect for world economic
progress;
Whereas the United States and Canada demonstrate the dynamism of
democracy and, together, contribute to establishing lasting peace in the
world;
Whereas a similar resolution commemorating continued peace and
friendship between the United States and Canada has been proposed in the
Canadian Parliament;
Whereas in Canada July 1 is Canada Day;
Whereas in the United States July 4 is Independence Day; and
Whereas the days between Canada Day and Independence Day are
appropriate annual days on which to commemorate the friendship between
the United States and Canada: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That July 2 and 3, 1987, are
designated as "United States-Canada Days of Peace and Friendship", and
the President of the United States is authorized and requested to issue
a proclamation calling upon the people of the United States to observe
such days with appropriate ceremonies and activities.
Approved October 2, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 402:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-437, 100 Stat. 1082
Whereas the independent retailer has served the American consumer for
over two hundred years;
Whereas independent retail grocers account for 64 per centum of all
grocery stores in the United States and are responsible for nearly
one-half of the grocery product distributed;
Whereas the independent retail grocer exemplifies the small business
entrepreneur, the backbone of the American free enterprise system; and
Whereas the independent retail grocer offers a wide array of services
to the community where the grocer lives and does business: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That September 1986 be
proclaimed as "National Independent Retail Grocer Month".
Approved October 2, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 263:
CONGRESSIONAL RECORD, Vol. 132 (1986: Mar. 2, considered and passed
Senate. Sept. 18, considered and passed House, amended. Sept. 29,
Senate concurred in House amendments.
Public Law 99-436, 100 Stat. 1081
Whereas there are more than eight hundred thousand nonprofit
philanthropic organizations in the United States, employing more than
ten million individuals, including approximately four million five
hundred thousand volunteers;
Whereas contributions by people of the United States to support such
organizations amounted to approximately $70,000,000,000 in 1984;
Whereas philanthropic organizations are largely responsible for
enhancing the quality of life for Americans and other people throughout
the world;
Whereas our Nation owes a great debt to the schools, churches,
museums, art and music centers, youth groups, hospitals, research
institutions, and other institutions and organizations which aid and
comfort the elderly, the disadvantaged, and the sick; and
Whereas the people of the United States should demonstrate their
gratitude and support for philanthropic organizations and the efforts,
skills, and resources of individuals who carry out their missions: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That November 15, 1986, is
designated as "National Philanthropy Day", and 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.
Approved October 2, 1986
LEGISLATIVE HISTORY -- S.J. Res. 207:
CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 25, considered and
passed Senate. Vol. 132 (1986): June 11, considered and passed House,
amended. Sept. 18, Senate concurred in House amendments.
Public Law 99-435, 100 Stat. 1080
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Air Carrier Access Act of 1986" "Air Carrier Access Act of
1986."
SEC. 2. "49 USC app. 1301 note 49 USC app. 1374" (a) Section 404 of
the Federal Aviation Act of 1958 (49 U.S.C. 1374) is amended by adding
at the end thereof the following new subsection:
"(c)(1) No air carrier may discriminate against any otherwise
qualified handicapped individual, by reason of such handicap, in the
provision of air transportation.
"(2) For the purposes of paragraph (1) of this subsection the term
'handicapped individual' means any individual who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment.".
(b) That portion of the table of contents of the Federal Aviation Act
of 1958 "49 USC app. 1301 note" which appears under the side heading
"SEC. 404. Rates for carriage of persons and property."
is amended by adding at the end thereof:
"(c) Prohibition on discrimination against handicapped
individuals.".
SEC. 3. Within one hundred and twenty days after the date of
enactment of this Act "49 USC app. 1374 note" the Secretary of
Transportation shall promulgate regulations to ensure non-discriminatory
treatment of qualified handicapped individuals consistent with safe
carriage of all passengers on air carriers.
Approved October 2, 1986.
LEGISLATIVE HISTORY -- S. 2703:
SENATE REPORTS: No. 99-400 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-434, 100 Stat. 1076
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1987, and for other purposes, namely:
SEC. 101. (a)(1) Such amounts as may be necessary are hereby
appropriated for programs, projects, or activities, not otherwise
specifically provided for in this joint resolution, for which
appropriations, funds, or other authority would be available in the
following appropriation Acts:
District of Columbia Appropriations Act, 1987, H.R. 5175 as
passed by the House on July 24, 1986 and as passed by the Senate
on September 5, 1986;
Department of the Interior and Related Agencies Appropriations
Act, 1987, H.R. 5234 as passed by the House on July 31, 1986 and
as passed by the Senate on September 16, 1986;
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1987, H.R. 5233 as
passed by the House on July 31, 1986 and as passed by the Senate
on September 10, 1986;
Military Construction Appropriations Act, 1987, H.R. 5052 as
passed by the House on June 25, 1986 and as passed by the Senate
on August 13, 1986; and
Department of Transportation and Related Agencies
Appropriations Act, 1987, H.R. 5205 as passed by the House on July
30, 1986 and as passed by the Senate on September 17, 1986.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriations Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House is different from that which would be available
or granted under such Act as passed by the Senate, the pertinent
program, project, or activity shall be continued under the lesser amount
or the more restrictive authority: Provided, That where an item is
included in only one version of an Act as passed by both Houses as of
October 1, 1986, the pertinent program project, or activity shall be
continued under the appropriation, fund, or authority granted by the one
House, but at a rate for operations not exceeding the current rate or
the rate permitted by the action of the one House, whichever is lower,
and under the authority and conditions provided in applicable
appropriation Acts for the fiscal year 1986.
(4) No provision which is included in an appropriations Act
enumerated in this subsection but which was not included in the
applicable appropriations Act of 1986, and which by its terms is
applicable to more than one appropriation, fund, or authority shall be
applicable to any appropriation, fund, or authority provided in the
joint resolution unless such provision shall have been included in
identical form in such bill as enacted by both the House and the Senate.
(5) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1986.
(6) Whenever a conference report and joint explanatory statement of
the committee of conference on any appropriations bill listed in this
subsection is filed in the House, such amounts as may be necessary are
hereby appropriated and shall become available in lieu of the rates
specified in this subsection at a rate of operations for activities and
under the terms and conditions provided for in such conference report
and accompanying joint explanatory statement of the committee of
conference.
(b)(1) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities, not otherwise specifically provided
for in this joint resolution, for which appropriations, funds, or other
authority would be available in the following appropriations Acts:
Agriculture, Rural Development, and Related Agencies
Appropriations Act, 1987, H.R. 5177 as passed by the House on July
24, 1986;
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1987, H.R. 5161 as passed by
the House on July 17, 1986;
Department of Defense Appropriations Act, 1987, H.R. 5438 as
provided for in section 101(c) of H.J. Res. 738 which passed the
House on September 25, 1986, and such Act shall be deemed to have
passed the House for purposes of this joint resolution;
Energy and Water Development Appropriations Act, 1987, H.R.
5162 as passed by the House on July 23, 1986;
Foreign Assistance and Related Programs Appropriations Act,
1987, H.R. 5339 as provided for in section 101(f) of H.J. Res.
738 which passed the House on September 25, 1986, and such Act
shall be deemed to have passed the House for purposes of this
joint resolution;
Department of Housing and Urban Development-Independent
Agencies Appropriations Act, 1987, H.R. 5313 as passed by the
House on September 12, 1986; and
Treasury, Postal Service, and General Government Appropriations
Act, 1987, H.R. 5294 as passed by the House on August 6, 1986.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriations Act.
(3) Whenever an Act listed in this subsection has been passed by only
the House as of October 1, 1986, the pertinent program, project, or
activity shall be continued under the appropriation, fund, or authority
granted by the House, at a rate for operations not exceeding the current
rate or the rate permitted by the action of the House whichever is
lower, and under the authority and conditions provided in applicable
appropriations Acts for the fiscal year 1986.
(4) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1986.
(c) Such amounts as may be necessary are hereby appropriated for
programs, projects, or activities provided for in H.R. 5203, the
Legislative Branch Appropriations Act, 1987, to the extent and in the
manner provided for in the conference report and joint explanatory
statement of the committee of conference (House Report 99-805) as filed
in the House of Representatives on August 15, 1986, as if enacted into
law.
(d) Such amounts as may be necessary for continuing the following
activities, not otherwise provided for in this joint resolution, which
were conducted in the fiscal year 1986, under the terms and conditions
provided in applicable appropriations Acts for the fiscal year 1986, at
the current rate or as otherwise provided therein: Provided, that no
appropriation or fund made available or authority granted pursuant to
this subsection shall be used to initiate or resume any project or
activity for which appropriations, funds, or authority were not
available during fiscal year 1986 unless otherwise provided for herein:
Refugee and entrant assistance activities authorized by title
IV of the Immigration and Nationality Act "8 USC 1521 94 Stat.
109 8 USC 1522 note" part B of title III of the Refugee Act of
1980, and section 501 of the Refugee Education Assistance Act of
1980 except that no activity authorized by such Acts shall be
funded beyond September 30, 1987;
Activities authorized by the Follow Through Act "42 USC 9801
note."
SEC. 102. Unless otherwise provided for in this joint resolution or
in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this joint resolution shall
be available from October 1, 1986, and shall remain available until (a)
enactment into law of an appropriation for any project or activity
provided for in this joint resolution, or (b) enactment of the
applicable appropriations Act by both Houses without any provision for
such project or activity, or (c) October 8, 1986, whichever first
occurs.
SEC. 103. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
SEC. 104. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
SEC. 105. No provision in any appropriations Act for the fiscal year
1987 referred to in section 101 of this joint resolution that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 102(c) of this joint
resolution.
SEC. 106. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Approved October 1, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 743:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 30, considered and
passed House and Senate
Public Law 99-433, 100 Stat. 992
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
CONTENTS
(a) SHORT TITLE. -- This Act may be cited as the "Goldwater-Nichols
Department of Defense Reorganization Act of 1986".
(b) TABLE OF CONTENTS. -- The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 10, United States Code.
Sec. 3. Policy.
Sec. 101. Organization of the Department of Defense.
Sec. 102. Powers and duties of the Secretary of Defense.
Sec. 103. Modification of authority of Secretary of Defense to
reorganize the Department of Defense.
Sec. 104. Office of the Secretary of Defense.
Sec. 105. Under Secretary for Policy and Director of Defense
Research and Engineering.
Sec. 106. Assistant Secretaries of Defense.
Sec. 107. Comptroller of the Department of Defense.
Sec. 108. Inspector General of the Department of Defense.
Sec. 109. Management studies of Office of the Secretary of Defense.
Sec. 110. Technical and conforming amendments.
Sec. 201. Revised functions of Chairman; establishment of Vice
Chairman.
Sec. 202. Provisions relating to Vice Chairman.
Sec. 203. Participation in National Security Council meetings.
Sec. 204. Transition.
Sec. 211. Establishment of combatant commands and authority of
commanders.
Sec. 212. Initial review of combatant commands.
Sec. 213. Repeal of certain limitations on command structure.
Sec.214. Transition.
Sec. 301. Establishment and management of Defense Agencies and
Department of Defense Field Activities.
Sec. 302. Definitions of Defense Agency and Department of Defense
Field Activity.
Sec. 303. Reassessment of Defense Agencies and DOD Field Activities.
Sec. 304. Transition.
Sec. 401. Joint officer management.
Sec. 402. Promotion procedures for joint officers.
Sec. 403. Consideration of joint duty in senior general and flag
officer appointments and advice on qualifications.
Sec. 404. Joint duty assignment as prerequisite for promotion to
general or flag officer grade.
Sec. 405. Annual report on implementation.
Sec. 406. Transition.
Sec. 501. The Army Secretariat.
Sec. 502. The Army Staff.
Sec. 503. Authority to organize Army into commands, forces, and
organizations.
Sec. 511. The Navy Secretariat.
Sec. 512. Office of the Chief of Naval Operations.
Sec. 513. Headquarters, Marine Corps.
Sec. 514. Technical and clerical amendments.
Sec. 521. The Air Force Secretariat.
Sec. 522. The Air Staff.
Sec. 523. Authority to organize Air Force into separate
organizations.
Sec. 531. Conforming amendments.
Sec. 532. Transition.
Sec. 601. Reduction in personnel assigned to management headquarters
activities and certain other activities.
Sec. 602. Reduction of reporting requirements.
Sec. 603. Annual report on national security strategy.
Sec. 604. Legislation to make required conforming changes in law.
Sec. 605. General technical amendments.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 10, United States Code.
In enacting this Act, it is the intent of Congress, consistent with
the congressional declaration of policy in section 2 of the National
Security Act of 1947 (50 U.S.C. 401) --
(1) to reorganize the Department of Defense and strengthen
civilian authority in the Department;
(2) to improve the military advice provided to the President,
the National Security Council, and the Secretary of Defense;
(3) to place clear responsibility on the commanders of the
unified and specified combatant commands for the accomplishment of
missions assigned to those commands;
(4) to ensure that the authority of the commanders of the
unified and specified combatant commands is fully commensurate
with the responsibility of those commanders for the accomplishment
of missions assigned to their commands;
(5) to increase attention to the formulation of strategy and to
contingency planning;
(6) to provide for more efficient use of defense resources;
(7) to improve joint officer management policies; and
(8) otherwise to enhance the effectiveness of military
operations and improve the management and administration of the
Department of Defense.
(a) REORGANIZATION OF CODE. "10 USC 101 et seq." -- (1) Part I of
subtitle A is amended by inserting after chapter 1 the following new
chapter:
"Sec.
"111. Executive department.
"112. Department of Defense: seal.
"113. Secretary of Defense.
"114. Annual authorization of appropriations.
"115. Annual authorization of personnel strengths; annual manpower
requirements report.
"116. Annual operations and maintenance report.
"117. Annual report on North Atlantic Treaty Organization readiness.
"118. Sale or transfer of defense articles: reports to Congress.".
(2) The sections of chapter 4 "10 USC 131 et seq." listed in the
left-hand column of the following table are transferred (in the order
they appear in that column) to the end of chapter 2 of such title, as
added by paragraph (1), and are redesignated in accordance with the
corresponding section numbers in the right-hand column of the table, as
follows: New sections of
131 ....................................... 111
132 ....................................... 112
133 ....................................... 113
138 ....................................... 114
133a ...................................... 117
133b ...................................... 118
(3) The sections of chapter 4 listed in the left-hand column of the
following table are transferred (in the order they appear in that
column) to the end of chapter 3 of such title "10 USC 121 et seq." and
are redesignated in accordance with the corresponding section numbers in
the right-hand column of the table, as follows:
140 ....................................... 127
140a ...................................... 128
140b ...................................... 129
140c ...................................... 130
(4) Part IV of subtitle A "10 USC 2201 et seq." is amended by
inserting after chapter 143 the following new chapter:
"Sec.
"2431. Weapons development and procurement schedules.
"2432. Selected Acquisition Reports.
"2433. Unit cost reports.
"2434. Independent cost estimates.".
(5) The sections of chapter 4 listed in the left-hand column of the
following table are transferred (in the order they appear in that
column) to chapter 144, as added by paragraph (4), and are redesignated
in accordance with the corresponding section numbers in the right-hand
column of the table, as follows: New sections of
139 ...................................... 2431
139a ..................................... 2432
139b ..................................... 2433
139c ..................................... 2434
(6) The heading of chapter 4 is amended to read as follows:
(7) Chapter 4 is amended by redesignating sections of such chapter
listed in the left-hand column of the following table in accordance with
the corresponding section numbers in the right-hand column of the table,
as follows:
134 ....................................... 132
134a ...................................... 133
136a ...................................... 138
137 ....................................... 139
(b) ELEMENTS OF THE DEPARTMENT. -- Section 111 (as transferred and
redesignated by subsection (a)(2)) is amended --
(1) by inserting "(a)" before "The Department of Defense";
and
(2) by adding at the end the following:
"(b) The Department is composed of the following:
"(1) The Office of the Secretary of Defense.
"(2) The Joint Chiefs of Staff.
"(3) The Joint Staff.
"(4) The Defense Agencies.
"(5) Department of Defense Field Activities.
"(6) The Department of the Army.
"(7) The Department of the Navy.
"(8) The Department of the Air Force.
"(9) The unified and specified combatant commands.
"(10) Such other offices, agencies, activities, and commands as
may be established or designated by law or by the President.
"(11) All offices, agencies, activities, and commands under the
control or supervision of any element named in paragraphs (1)
through (10).
"(c) If the President establishes or designates an office, agency,
activity, or command in the Department of Defense of a kind other than
those described in paragraphs (1) through (9) of subsection (b), the
President shall notify Congress not later than 60 days thereafter.".
Section 113 (as transferred and redesignated by section 101(a)(2)) is
amended by adding at the end the following new subsections:
"(f) When a vacancy occurs in an office within the Department of
Defense and the office is to be filled by a person appointed from
civilian life by the President, by and with the advice and consent of
the Senate, the Secretary of Defense shall inform the President of the
qualifications needed by a person serving in that office to carry out
effectively the duties and responsibilities of that office.
"(g)(1) The Secretary of Defense, with the advice and assistance of
the Chairman of the Joint Chiefs of Staff, shall provide annually to the
heads of Department of Defense components written policy guidance for
the preparation and review of the program recommendations and budget
proposals of their respective components. Such guidance shall include
guidance on --
"(A) national security objectives and policies;
"(B) the priorities of military missions; and
"(C) the resource levels projected to be available for the
period of time for which such recommendations and proposals are to
be effective.
"(2) The Secretary of Defense, with the approval of the President and
after consultation with the Chairman of the Joint Chiefs of Staff, shall
provide annually to the Chairman written policy guidance for the
preparation and review of contingency plans. Such guidance shall
include guidance on the specific force levels and specific supporting
resource levels projected to be available for the period of time for
which such plans are to be effective.
"(h) The Secretary of Defense shall keep the Secretaries of the
military departments informed with respect to military operations and
activities of the Department of Defense that directly affect their
respective responsibilities.".
DEFENSE TO REORGANIZE THE DEPARTMENT OF DEFENSE
Section 125 is amended --
(1) by striking out "unless the Secretary" in the second
sentence of subsection (a) and all that follows in that subsection
and inserting in lieu thereof a period; and
(2) by inserting "vested by law in the Department of Defense,
or an officer, official, or agency thereof" in subsection (b)
after "function, power, or duty".
Chapter 4 (as amended by section 101(a)) is further amended by
inserting after the table of sections the following new section:
"(a) There is in the Department of Defense an Office of the Secretary
of Defense. The function of the Office is to assist the Secretary of
Defense in carrying out his duties and responsibilities and to carry out
such other duties as may be prescribed by law.
"(b) The Office of the Secretary of Defense is composed of the
following:
"(1) The Deputy Secretary of Defense.
"(2) The Under Secretary of Defense for Acquisition.
"(3) The Under Secretary of Defense for Policy.
"(4) The Director of Defense Research and Engineering.
"(5) The Assistant Secretaries of Defense.
"(6) The Comptroller of the Department of Defense.
"(7) The Director of Operational Test and Evaluation.
"(8) The General Counsel of the Department of Defense.
"(9) The Inspector General of the Department of Defense.
"(10) Such other offices and officials as may be established by
law or the Secretary of Defense may establish or designate in the
Office.
"(c) Officers of the armed forces may be assigned or detailed to
permanent duty in the Office of the Secretary of Defense. However, the
Secretary may not establish a military staff in the Office of the
Secretary of Defense.
"(d) The Secretary of each military department, and the civilian
employees and members of the armed forces under the jurisdiction of the
Secretary, shall cooperate fully with personnel of the Office of the
Secretary of Defense to achieve efficient administration of the
Department of Defense and to carry out effectively the authority,
direction, and control of the Secretary of Defense.".
DEFENSE RESEARCH AND ENGINEERING
Chapter 4 is further amended --
(1) by striking out the heading and subsection (a) of section
135 and inserting in lieu thereof the following:
Policy
"(a) There is an Under Secretary of Defense for Policy, appointed
from civilian life by the President, by and with the advice and consent
of the Senate. A person may not be appointed as Under Secretary within
10 years after relief from active duty as a commissioned officer of a
regular component of an armed force.
"(b)(1) The Under Secretary shall perform such duties and exercises
such powers as the Secretary of Defense may prescribe.
"(2) The Under Secretary shall assist the Secretary of Defense --
"(A) in preparing written policy guidance for the preparation
and review of contingency plans; and
"(B) in reviewing such plans.
"(c) The Under Secretary takes precedence in the Department of
Defense after the Secretary of Defense, the Deputy Secretary of Defense,
and the Secretaries of the military departments.
"(a) There is a Director of Defense Research and Engineering,
appointed from civilian life by the President, by and with the advice
and consent of the Senate."; and
(2) by striking out the first sentence of subsections (b) and
(c) of section 135 (as designated by paragraph (1)).
(a) REPEAL OF SPECIFICATION OF CERTAIN ASSISTANT SECRETARIES. --
Subsection (b) of section 136 is amended --
(1) by striking out paragraphs (2) and (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs (2)
and (3), respectively; and
(3) by striking out paragraph (6).
(b) PRECEDENCE. -- Subsection (e) of such section is amended --
(1) by striking out "and the Under Secretaries of Defense" and
inserting in lieu thereof "the Under Secretaries of Defense, and
the Director of Defense Research and Engineering"; and
(2) by adding at the end the following new sentence: "The
Assistant Secretaries take precedence among themselves in the
order prescribed by the Secretary of Defense.".
(c) CONFORMING AMENDMENTS. -- Such section is further amended --
(1) in subsection (c) --
(A) by striking out "him" in paragraph (1) and inserting in
lieu thereof "the Assistant Secretary"; and
(B) by striking out ", or his designee" in paragraph (2);
(2) by striking out subsection (d); and
(3) by redesignating subsection (e) (as amended by subsection
(b) of this section) as subsection (d).
Chapter 4 is further amended by inserting after section 136 the
following new section:
"(a) There is a Comptroller of the Department of Defense, appointed
from civilian life by the President, by and with the advice and consent
of the Senate.
"(b) The Comptroller shall perform such duties and exercise such
powers as the Secretary of Defense may prescribe.
"(c) The Comptroller shall advise and assist the Secretary of Defense
--
"(1) in performing such budgetary and fiscal functions and
duties, and in exercising such budgetary and fiscal powers, as are
needed to carry out the powers of the Secretary;
"(2) in supervising and directing the preparation of budget
estimates of the Department of Defense;
"(3) in establishing and supervising the execution of
principles, policies, and procedures to be followed in connection
with organizational and administrative matters relating to --
"(A) the preparation and execution of budgets;
"(B) fiscal, cost, operating, and capital property accounting;
and
"(C) progress and statistical reporting;
"(4) in establishing and supervising the execution of policies
and procedures relating to the expenditure and collection of funds
administered by the Department of Defense; and
"(5) in establishing uniform terminologies, classifications,
and procedures concerning matters covered by clauses (1) through
(4).".
Chapter 4 is further amended by inserting after section 139 (as
redesignated by section 101(a)) the following new section:
"(a) There is an Inspector General of the Department of Defense, who
is appointed as provided in section 3 of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App. 3).
"(b) The Inspector General performs the duties, has the
responsibilities, and exercises the powers specified in the Inspector
General Act of 1978 "5 USC app".
OF THE SECRETARY OF DEFENSE
(a) SECRETARY OF DEFENSE STUDY. -- The Secretary of Defense shall
conduct a study of the functions and organization of the Office of the
Secretary of Defense. The study shall consider whether the present
allocation of functions to, and the organizational structure of, the
Office constitute the most effective, efficient, and economical
allocation and structure of the Office to assist the Secretary in
carrying out his duties and responsibilities. The study shall include
consideration of each of the matters specified in subsection (d).
(b) SERVICE SECRETARIES JOINT STUDY. -- (1) The Secretaries of the
military departments shall conduct a joint study of the functions and
organization of the Office of the Secretary of Defense. The study shall
be conducted independently of the study conducted by the Secretary of
Defense under subsection (a). The Secretaries shall submit a joint
report to the Secretary of Defense on such study at a time specified by
the Secretary. Except as provided in paragraph (2), the report shall
include a discussion of and recommendations concerning each of the
matters specified in subsection (d).
(2) The Secretary of Defense shall determine the extent to which, and
prescribe the procedures under which, the Secretaries of the military
departments shall study the matters specified in subsection (d)(1)(A)
relating to contingency planning and military operations.
(c) CHAIRMAN OF JCS STUDY. -- The Chairman of the Joint Chiefs of
Staff shall conduct a study of the functions and organization of the
Office of the Secretary of Defense. The study shall be conducted
independently of the study conducted by the Secretary of Defense under
subsection (a). The Chairman shall submit a report to the Secretary of
Defense on such study at a time specified by the Secretary. The report
shall include a discussion of and recommendations concerning the matters
specified in paragraphs (1)(C), (1)(D), (2), (3), (5), and (6) of
subsection (d).
(d) MATTERS TO BE INCLUDED. -- The study required by subsection (a)
shall include consideration of the following:
(1) Whether the present organization of the Office --
(A) is optimally structured to assist the Secretary of Defense
in the effective exercise of civilian control of the Department of
Defense, including civilian control of --
(i) defense policy development and strategic planning;
(ii) program and budget development;
(iii) policy, program, and budget execution;
(iv) contingency planning; and
(v) military operations;
(B) is the most effective and efficient organization for the
initiation, development, and articulation of defense policy;
(C) ensures that strategic planning and contingency planning
are linked to, and derived from, national security strategy,
policies, and objectives; and
(D) inhibits integration of the capabilities of the Armed
Forces along mission lines.
(2) Whether the planning, programming, and budgeting system of
the Department of Defense (including the role of the Office in
such system) needs to be revised --
(A) to strengthen strategic planning and policy direction;
(B) to ensure that strategic planning is consistent with
national security strategy, policies, and objectives;
(C) to ensure that there is a sufficient relationship between
strategic planning and the resource levels projected to be
available for the period for which the planning is to be
effective;
(D) to ensure that strategic planning and program development
give sufficient attention to alliances with other nations;
(E) to provide for more effective oversight, control, and
evaluation of policy, program, and budget execution; and
(F) to ensure that past program and budget decisions are
effectively evaluated, that such evaluations are supported by
consistent, complete, and timely financial and performance data,
and that such evaluations are fully considered in the next
planning, programming, and budgeting cycle.
(3) Whether the major force program categories of the Five-Year
Defense Plan could be restructured to better assist decisionmaking
and management control.
(4) Means to improve and strengthen the oversight function
within each element of the Office in policy areas not addressed by
the planning, programming, and budgeting system.
(5) Factors inhibiting efficient and effective execution of the
functions of the Office, including factors relating to --
(A) duplication of functions (both within the Office and
between the Office and other elements of the Department);
(B) insufficient information; and
(C) insufficient resources (including personnel).
(6) Alternative allocations of authorities and functions of the
Office and other reorganization proposals for the Office,
including the desirability of --
(A) establishing Under Secretaries of Defense for
mission-oriented areas of responsibility;
(B) decentralizing functions of the Office;
(C) reducing the number of officials reporting directly to the
Secretary of Defense; and
(D) changing the ratio of members of the Armed Forces to
civilian employees in the Office.
(7) Whether political appointees in the Office of the Secretary
of Defense have sufficient experience and expertise, upon
appointment, to be capable of contributing immediately to
effective policy formulation and management.
(e) ANALYSIS OF CIVILIAN CONTROL. -- (1) The Secretary of Defense,
in considering under subsection (d)(1)(A) whether effective civilian
control of the Department of Defense is best assisted by the current
structure of the Office, shall examine the functions performed in the
Office by --
(A) members of the Armed Forces on the active-duty list; and
(B) members of the Armed Forces in a retired status and members
of the reserve components who are employed in a civilian capacity.
(2) Such examination shall include a determination of the total
number of positions in the Office of the Secretary of Defense above
grade GS-8 and the military equivalent (as determined by the Secretary
of Defense), and of such number --
(A) the number of positions held by members of the Armed Forces
on the active-duty list, shown for the military equivalent of each
civilian pay grade by number and as a percentage of the total
number of positions in the Office in the civilian pay grade
concerned and in the military equivalent of such civilian pay
grade;
(B) the number of such positions held by members of the Armed
Forces in a retired status who are serving in a civilian capacity,
shown for each civilian pay grade in the same manner as provided
under clause (A); and
(C) the number of such positions held by members of the reserve
components who are serving in a civilian capacity, shown for each
civilian pay grade in the same manner as provided under clause
(A).
(3) In determining the total number of positions in the Office of the
Secretary of Defense in grades above GS-8, the Secretary shall exclude
positions which are primarily clerical or secretarial.
(f) INDEPENDENT CONTRACTOR STUDY. -- The Secretary shall provide for
an independent study to be carried out by a contractor to consider the
same matters required to be considered by the Secretary under subsection
(d). The Secretary shall ensure that the contractor has full access to
such information as the contractor requires and that the contractor
otherwise receives full cooperation from all officials and entities of
the Department of Defense.
(g) REPORT TO CONGRESS. -- (1) The Secretary of Defense shall submit
to Congress a report on the Secretary's study under subsection (a). The
report shall include --
(A) the findings and conclusions of the Secretary with respect
to each of the matters set forth in subsection (d);
(B) the findings and statistical determinations required under
subsection (e); and
(C) any recommendations of the Secretary for organizational
changes in the Office of the Secretary of Defense and a
description of the means for implementing each recommendation.
(2) The Secretary shall include with the report a copy of the reports
to the Secretary under subsections (b) and (c) and a copy of the report
of the independent contractor under subsection (f), together with such
comments on each such report as the Secretary considers appropriate.
(3) The report under this subsection shall be submitted not later
than one year after the date of the enactment of this Act.
(a) CONFORMING AMENDMENT FOR OFFICE OF SECRETARY OF DEFENSE. --
Chapter 41 "10 USC 711 et seq." is amended --
(1) by striking out section 718; and
(2) by striking out the item relating to that section in the
table of sections at the beginning of such chapter.
(b) REVISION OF OLD SECTION 138. -- Section 114 (as transferred and
redesignated by section 101(a)) is amended --
(1) by striking out the section heading and inserting in lieu
thereof the following:
appropriations";
(2) by transferring subsection (h) to the end of section 113
(as transferred and redesignated by section 101(a) and amended by
section 102) and redesignating such subsection as subsection (i);
(3) by striking out "(as defined in subsection (f))" in
subsection (a)(6);
(4) by inserting after subsection (a) the following:
annual manpower requirements report";
(5) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively;
(6) by inserting after such subsection (c) (as so redesignated)
the following:
(7) by redesignating subsection (e) as subsection (a);
(8) by transferring subsection (f)(1) to the end of section 114
(as determined by the amendments made by this subsection) and
striking out "(f)(1)" therein and inserting in lieu thereof "(b)";
(9) by striking out "(2) In subsection (e)" and inserting in
lieu thereof "(b) In this section";
(10) by striking out "(A) 'Combat" and "(B) 'Major" and
inserting in lieu thereof "(1) The term 'combat" and "(2) The term
'major", respectively; and
(11) by transferring subsections (g) and (i) to the end of
section 114 (as determined by the amendments made by this
subsection) and redesignating such subsections as subsections (c)
and (d), respectively.
(c) TECHNICAL AMENDMENTS. -- (1) Section 133 (as redesignated by
section 101(a)) is amended by inserting "of Defense" in subsection (a)
after "Under Secretary".
(2) The heading of chapter 3 is amended to read as follows:
(d) REVISED SECTION HEADINGS. -- (1) The heading of section 112 (as
redesignated by section 101(a)) is amended to read as follows:
(2) The heading of section 113 (as redesignated by section 101(a)) is
amended to read as follows:
(3) The heading of section 117 (as redesignated by section 101(a)) is
amended to read as follows:
Organization readiness".
(4) The heading of section 127 (as redesignated by section 101(a)) is
amended to read as follows:
(5) The heading of section 128 (as redesignated by section 101(a)) is
amended to read as follows:
support".
(6) The heading of section 130 (as redesignated by section 101(a)) is
amended to read as follows:
certain technical data".
(7) The heading of section 132 (as redesignated by section 101(a)) is
amended to read as follows:
(8) The heading of section 133 (as redesignated by section 101(a)) is
amended to read as follows:
(9) The heading of section 136 is amended to read as follows:
(10) The heading of section 138 (as redesignated by section 101(a))
is amended to read as follows:
Evaluation".
(11) The heading of section 139 (as redesignated by section 101(a))
is amended to read as follows:
(12) The heading of section 2431 (as redesignated by section 101(a))
is amended to read as follows:
schedules".
(13) The heading of section 2432 (as redesignated by section 101(a))
is amended to read as follows:
(14) The heading of section 2433 (as redesignated by section 101(a))
is amended to read as follows:
(15) The heading of section 2434 (as redesignated by section 101(a))
is amended to read as follows:
(e) CLERICAL AMENDMENTS FOR REORGANIZATION OF CHAPTER 4. -- (1) The
table of sections at the beginning of chapter 3 is amended by adding at
the end the following new items:
"127. Emergency and extraordinary expenses.
"128. Funds transfers for foreign cryptologic support.
"129. Prohibition of certain civilian personnel management
constraints.
"130. Authority to withhold from public disclosure certain technical
data.".
(2) The table of sections at the beginning of chapter 4 is amended to
read as follows:
"Sec.
"131. Office of the Secretary of Defense.
"132. Deputy Secretary of Defense.
"133. Under Secretary of Defense for Acquisition.
"134. Under Secretary of Defense for Policy.
"135. Director of Defense Research and Engineering.
"136. Assistant Secretaries of Defense.
"137. Comptroller.
"138. Director of Operational Test and Evaluation.
"139. General Counsel.
"140. Inspector General.".
(g) CROSS REFERENCE AMENDMENTS TO TITLE 10. -- (1) Section 138(a)(
2)(B) (as redesignated by section 101(a)) is amended by striking out
"section 139a(a)(1)" and inserting in lieu thereof "section 2432(a)(
1)".
(2) Section 1621(3) is amended by striking out "section 139a(a)(1)"
and inserting in lieu thereof "section 2432(a)(1)".
(3) Section 2305a(d) is amended --
(A) by striking out "section 139a(a)" in paragraph (1) and
inserting in lieu thereof "section 2432(a)"; and
(B) by striking out "section 139a(a)(1)(B)" both places it
appears in paragraph (2) and inserting in lieu thereof "section
2432(a)(1)(B)".
(4) Section 2362(e)(2) is amended by striking out "section 139a" and
inserting in lieu thereof "section 2432".
(5) Section 2403(e) is amended by striking out "section 139a" in
paragraphs (1) and (2) and inserting in lieu thereof "section 2432".
(6) Section 2431 (as redesignated by section 101(a)) is amended by
striking out "section 138(a)" in subsection (a) and inserting in lieu
thereof "section 114(a)".
(7) Section 2432(c) (as redesignated by section 101(a)) is amended by
striking out "section 139" in subsection (c)(1) and inserting in lieu
thereof "section 2431".
(8) Section 2433 (as redesignated by section 101(a)) is amended --
(A) by striking out "section 139a(a)" in subsection (a)(1) and
inserting in lieu thereof "section 2432(a)"; and
(B) by striking out "section 139a(b)(3)" in subsection (b) and
inserting in lieu thereof "section 2432(b)(3)".
(9) Section 2434(b)(1) (as redesignated by section 101(a)) is amended
by striking out "section 139a(a)(1)" and inserting in lieu thereof
"section 2432(a)(1)".
(10) Section 8062(e) is amended by striking out "section 138" and
inserting in lieu thereof "section 114".
(h) CROSS REFERENCE AMENDMENTS TO OTHER ACTS. -- (1) Section 51(c)(
1) of the Arms Export Control Act (22 U.S.C. 2795(c)(1)) is amended by
striking out "section 138(g)" and inserting in lieu thereof "section
114(c)".
(2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b(
b)) is amended by striking out "section 139(a)" and inserting in lieu
thereof "section 2431(a)".
(3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C.
833(c)) is amended by striking out "section 133(d)" and inserting in
lieu thereof "section 113(d)".
VICE CHAIRMAN
Chapter 5 is amended to read as follows:
"Sec.
"151. Joint Chiefs of Staff: composition; functions.
"152. Chairman: appointment; rank.
"153. Chairman: functions.
"154. Vice Chairman.
"155. Joint Staff.
"(a) COMPOSITION. -- There are in the Department of Defense the
Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of
Staff. The Joint Chiefs of Staff consist of the following:
"(1) The Chairman.
"(2) The Chief of Staff of the Army.
"(3) The Chief of Naval Operations.
"(4) The Chief of Staff of the Air Force.
"(5) The Commandant of the Marine Corps.
"(b) FUNCTION AS MILITARY ADVISERS. -- (1) The Chairman of the Joint
Chiefs of Staff is the principal military adviser to the President, the
National Security Council, and the Secretary of Defense.
"(2) The other members of the Joint Chiefs of Staff are military
advisers to the President, the National Security Council, and the
Secretary of Defense as specified in subsections (d) and (e).
"(c) CONSULTATION BY CHAIRMAN. -- (1) In carrying out his functions,
duties, and responsibilities, the Chairman shall, as he considers
appropriate, consult with and seek the advice of --
"(A) the other members of the Joint Chiefs of Staff; and
"(B) the commanders of the unified and specified combatant
commands.
"(2) Subject to subsection (d), in presenting advice with respect to
any matter to the President, the National Security Council, or the
Secretary of Defense, the Chairman shall, as he considers appropriate,
inform the President, the National Security Council, or the Secretary of
Defense, as the case may be, of the range of military advice and opinion
with respect to that matter.
"(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN. -- (1) A
member of the Joint Chiefs of Staff (other than the Chairman) may submit
to the Chairman advice or an opinion in disagreement with, or advice or
an opinion in addition to, the advice presented by the Chairman to the
President, the National Security Council, or the Secretary of Defense.
If a member submits such advice or opinion, the Chairman shall present
the advice or opinion of such member at the same time he presents his
own advice to the President, the National Security Council, or the
Secretary of Defense, as the case may be.
"(2) The Chairman shall establish procedures to ensure that the
presentation of his own advice to the President, the National Security
Council, or the Secretary of Defense is not unduly delayed by reason of
the submission of the individual advice or opinion of another member of
the Joint Chiefs of Staff.
"(e) ADVICE ON REQUEST. -- The members of the Joint Chiefs of Staff,
individually or collectively, in their capacity as military advisers,
shall provide advice to the President, the National Security Council, or
the Secretary of Defense on a particular matter when the President, the
National Security Council, or the Secretary requests such advice.
"(f) RECOMMENDATIONS TO CONGRESS. -- After first informing the
Secretary of Defense, a member of the Joint Chiefs of Staff may make
such recommendations to Congress relating to the Department of Defense
as he considers appropriate.
"(g) MEETINGS OF JCS. -- (1) The Chairman shall convene regular
meetings of the Joint Chiefs of Staff.
"(2) Subject to the authority, direction, and control of the
President and the Secretary of Defense, the Chairman shall --
"(A) preside over the Joint Chiefs of Staff;
"(B) provide agenda for the meetings of the Joint Chiefs of
Staff (including, as the Chairman considers appropriate, any
subject for the agenda recommended by any other member of the
Joint Chiefs of Staff);
"(C) assist the Joint Chiefs of Staff in carrying on their
business as promptly as practicable; and
"(D) determine when issues under consideration by the Joint
Chiefs of Staff shall be decided.
"(a) APPOINTMENT; TERM OF OFFICE. -- (1) There is a Chairman of the
Joint Chiefs of Staff, appointed by the President, by and with the
advice and consent of the Senate, from the officers of the regular
components of the armed forces. The Chairman serves at the pleasure of
the President for a term of two years, beginning on October 1 of
odd-numbered years. Subject to paragraph (3), an officer serving as
Chairman may be reappointed in the same manner for two additional terms.
However, in time of war there is no limit on the number of
reappointments.
"(2) In the event of the death, retirement, resignation, or
reassignment of the officer serving as Chairman before the end of the
term for which the officer was appointed, an officer appointed to fill
the vacancy shall serve as Chairman only for the remainder of the
original term, but may be reappointed as provided in paragraph (1).
"(3) An officer may not serve as Chairman or Vice Chairman of the
Joint Chiefs of Staff if the combined period of service of such officer
in such positions exceeds six years. However, the President may extend
to eight years the combined period of service an officer may serve in
such positions if he determines such action is in the national interest.
The limitations of this paragraph do not apply in time of war.
"(b) REQUIREMENT FOR APPOINTMENT. -- (1) The President may appoint
an officer as Chairman of the Joint Chiefs of Staff only if the officer
has served as --
"(A) the Vice Chairman of the Joint Chiefs of Staff;
"(B) the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, or the Commandant
of the Marine Corps; or
"(C) the commander of a unified or specified combatant command.
"(2) The President may waive paragraph (1) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(c) GRADE AND RANK. -- The Chairman, while so serving, holds the
grade of general or, in the case of an officer of the Navy, admiral and
outranks all other officers of the armed forces. However, he may not
exercise military command over the Joint Chiefs of Staff or any of the
armed forces.
"(a) PLANNING; ADVICE; POLICY FORMULATION. -- Subject to the
authority, direction, and control of the President and the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff shall be responsible
for the following:
"(1) STRATEGIC DIRECTION. -- Assisting the President and the
Secretary of Defense in providing for the strategic direction of
the armed forces.
"(2) STRATEGIC PLANNING. -- (A) Preparing strategic plans,
including plans which conform with resource levels projected by
the Secretary of Defense to be available for the period of time
for which the plans are to be effective.
"(B) Preparing joint logistic and mobility plans to support
those strategic plans and recommending the assignment of logistic
and mobility responsibilities to the armed forces in accordance
with those logistic and mobility plans.
"(C) Performing net assessments to determine the capabilities
of the armed forces of the United States and its allies as
compared with those of their potential adversaries.
"(3) CONTINGENCY PLANNING; PREPAREDNESS. -- (A) Providing for
the preparation and review of contingency plans which conform to
policy guidance from the President and the Secretary of Defense.
"(B) Preparing joint logistic and mobility plans to support
those contingency plans and recommending the assignment of
logistic and mobilities responsibilities to the armed forces in
accordance with those logistic and mobility plans.
"(C) Advising the Secretary on critical deficiencies and
strengths in force capabilities (including manpower, logistic, and
mobility support) identified during the preparation and review of
contingency plans and assessing the effect of such deficiencies
and strengths on meeting national security objectives and policy
and on strategic plans.
"(D) Establishing and maintaining, after consultation with the
commanders of the unified and specified combatant commands, a
uniform system of evaluating the preparedness of each such command
to carry out missions assigned to the command.
"(4) ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET. -- (A)
Advising the Secretary, under section 163(b)(2) of this title, on
the priorities of the requirements identified by the commanders of
the unified and specified combatant commands.
"(B) Advising the Secretary on the extent to which the program
recommendations and budget proposals of the military departments
and other components of the Department of Defense for a fiscal
year conform with the priorities established in strategic plans
and with the priorities established for the requirements of the
unified and specified combatant commands.
"(C) Submitting to the Secretary alternative program
recommendations and budget proposals, within projected resource
levels and guidance provided by the Secretary, in order to achieve
greater conformance with the priorities referred to in clause (B).
"(D) Recommending to the Secretary, in accordance with section
166 of this title, a budget proposal for activities of each
unified and specified combatant command.
"(E) Advising the Secretary on the extent to which the major
programs and policies of the armed forces in the area of manpower
conform with strategic plans.
"(F) Assessing military requirements for defense acquisition
programs.
"(5) DOCTRINE, TRAINING, AND EDUCATION. -- (A) Developing
doctrine for the joint employment of the armed forces.
"(B) Formulating policies for the joint training of the armed
forces.
"(C) Formulating policies for coordinating the military
education and training of members of the armed forces.
"(6) OTHER MATTERS. -- (A) Providing for representation of the
United States on the Military Staff Committee of the United
Nations in accordance with the Charter of the United Nations.
"(B) Performing such other duties as may be prescribed by law
or by the President or the Secretary of Defense.
"(b) REPORT ON ASSIGNMENT OF ROLES AND MISSIONS. -- (1) Not less
than once every three years, or upon the request of the President or the
Secretary of Defense, the Chairman shall submit to the Secretary of
Defense a report containing such recommendations for changes in the
assignment of functions (or roles and missions) to the armed forces as
the Chairman considers necessary to achieve maximum effectiveness of the
armed forces. In preparing each such report, the Chairman shall
consider (among other matters) the following:
"(A) Changes in the nature of the threats faced by the United
States.
"(B) Unnecessary duplication of effort among the armed forces.
"(C) Changes in technology that can be applied effectively to
warfare.
"(2) The Chairman shall include in each such report recommendations
for such changes in policies, directives, regulations, and legislation
as may be necessary to achieve the changes in the assignment of
functions recommended by the Chairman.
"(a) APPOINTMENT. -- (1) There is a Vice Chairman of the Joint
Chiefs of Staff, appointed by the President, by and with the advice and
consent of the Senate, from the officers of the regular components of
the armed forces.
"(2) The Chairman and Vice Chairman may not be members of the same
armed force. However, the President may waive the restriction in the
preceding sentence for a limited period of time in order to provide for
the orderly transition of officers appointed to serve in the positions
of Chairman and Vice Chairman.
"(3) The Vice Chairman serves at the pleasure of the President for a
term of two years and may be reappointed in the same manner for two
additional terms. However, in time of war there is no limit on the
number of reappointments.
"(b) REQUIREMENT FOR APPOINTMENT. -- (1) The President may appoint
an officer as Vice Chairman of the Joint Chiefs of Staff only if the
officer --
"(A) has the joint specialty under section 661 of this title;
and
"(B) has served in at least one joint duty assignment (as
defined under section 668(b) of this title) as a general or flag
officer.
"(2) The President may waive paragraph (1) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(c) DUTIES. -- The Vice Chairman performs such duties as may be
prescribed by the Chairman with the approval of the Secretary of
Defense.
"(d) FUNCTION AS ACTING CHAIRMAN. -- When there is a vacancy in the
office of Chairman or in the absence or disability of the Chairman, the
Vice Chairman acts as Chairman and performs the duties of the Chairman
until a successor is appointed or the absence of disability ceases.
"(e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN. -- When there is a
vacancy in the offices of both Chairman and Vice Chairman or in the
absence or disability of both the Chairman and the Vice Chairman, or
when there is a vacancy in one such office and in the absence or
disability of the officer holding the other, the President shall
designate a member of the Joint Chiefs of Staff to act as and perform
the duties of the Chairman until a successor to the Chairman or Vice
Chairman is appointed or the absence or disability of the Chairman or
Vice Chairman ceases.
"(f) PARTICIPATION IN JCS MEETINGS. -- The Vice Chairman may
participate in all meetings of the Joint Chiefs of Staff, but may not
vote on a matter before the Joint Chiefs of Staff except when acting as
Chairman.
"(g) GRADE AND RANK. -- The Vice Chairman, while so serving, holds
the grade of general or, in the case of an officer of the Navy, admiral
and outranks all other officers of the armed forces except the Chairman.
The Vice Chairman may not exercise military command over the Joint
Chiefs of Staff or any of the armed forces.
"(a) APPOINTMENT OF OFFICERS TO JOINT STAFF. -- (1) There is a Joint
Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff
assists the Chairman and, subject to the authority, direction, and
control of the Chairman, the other members of the Joint Chiefs of Staff
and the Vice Chairman in carrying out their responsibilities.
"(2) Officers of the armed forces (other than the Coast Guard)
assigned to serve on the Joint Staff shall be selected by the Chairman
in approximately equal numbers from --
"(A) the Army;
"(B) the Navy and the Marine Corps; and
"(C) the Air Force.
"(3) Selection of officers of an armed force to serve on the Joint
Staff shall be made by the Chairman from a list of officers submitted by
the Secretary of the military department having jurisdiction over that
armed force. Each officer whose name is submitted shall be among those
officers considered to be the most outstanding officers of that armed
force. The Chairman may specify the number of officers to be included
on any such list.
"(b) DIRECTOR. -- The Chairman of the Joint Chiefs of Staff, after
consultation with the other members of the Joint Chiefs of Staff and
with the approval of the Secretary of Defense, may select an officer to
serve as Director of the Joint Staff.
"(c) MANAGEMENT OF JOINT STAFF. -- The Chairman of the Joint Chiefs
of Staff manages the Joint Staff and the Director of the Joint Staff.
The Joint Staff shall perform such duties as the Chairman prescribes and
shall perform such duties under such procedures as the Chairman
prescribes.
"(d) OPERATION OF JOINT STAFF. -- The Secretary of Defense shall
ensure that the Joint Staff is independently organized and operated so
that the Joint Staff supports the Chairman of the Joint Chiefs of Staff
in meeting the congressional purpose set forth in the last clause of
section 2 of the National Security Act of 1947 (50 U.S.C. 401) to
provide --
"(1) for the unified strategic direction of the combatant
forces;
"(2) for their operation under unified command; and
"(3) for their integration into an efficient team of land,
naval, and air forces.
"(e) PROHIBITION OF FUNCTION AS ARMED FORCES GENERAL STAFF. -- The
Joint Staff shall not operate or be organized as an overall Armed Forces
General Staff and shall have no executive authority. The Joint Staff
may be organized and may operate along conventional staff lines.
"(f) TOUR OF DUTY OF JOINT STAFF OFFICERS. -- (1) An officer who is
assigned or detailed to permanent duty on the Joint Staff may not serve
for a tour of duty of more than four years. However, such a tour of
duty may be extended with the approval of the Secretary of Defense.
"(2) In accordance with procedures established by the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty
and recommend the reassignment of any officer assigned to the Joint
Staff. Upon receipt of such a recommendation, the Secretary concerned
shall promptly reassign the officer.
"(3) An officer completing a tour of duty with the Joint Staff may
not be assigned or detailed to permanent duty on the Joint Staff within
two years after relief from that duty except with the approval of the
Secretary.
"(4) Paragraphs (1) and (3) do not apply --
"(A) in time of war; or
"(B) during a national emergency declared by the President.
"(g) LIMITATION ON SIZE OF JOINT STAFF. -- (1) Effective on October
1, 1988, the total number of members of the armed forces and civilian
personnel assigned or detailed to permanent duty on the Joint Staff may
not exceed 1,627.
"(2) Paragraph (1) does not apply --
"(A) in time of war; or
"(B) during a national emergency declared by Congress.
"(h) COMPOSITION OF JOINT STAFF. -- (1) The Joint Staff is composed
of all members of the armed forces and civilian employees assigned or
detailed to permanent duty in the executive part of the Department of
Defense to perform the functions and duties prescribed under subsections
(a) and (c).
"(2) The Joint Staff does not include members of the armed forces or
civilian employees assigned or detailed to permanent duty in a military
department.".
(a) EXEMPTION OF VICE CHAIRMAN FROM 4-STAR GRADE LIMITATION. --
Section 525(b)(3) "10 USC 525" is amended by inserting "or Vice
Chairman" after "Chairman".
(b) RANK OF VICE CHAIRMAN. -- Section 743 is amended --
(1) by striking out "and" after "Chief of Naval Operations,";
(2) by inserting ", and the Commandant of the Marine Corps"
after "Air Force"; and
(3) by inserting "and the Vice Chairman" after "Chairman".
MEETINGS
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by adding at the end the following new subsection:
"(e) The Chairman (or in his absence the Vice Chairman) of the Joint
Chiefs of Staff may, in his role as principal military adviser to the
National Security Council and subject to the direction of the President,
attend and participate in meetings of the National Security Council.".
(a) PREPAREDNESS EVALUATION SYSTEM. "10 USC 153 note" -- The uniform
system of evaluating the preparedness of each unified and specified
combatant command required to be established by paragraph (3)(D) of
section 153(a) of title 10, United States Code, as added by section 201
of this Act, shall be established not later than one year after the date
of the enactment of this Act.
(b) DATE FOR FIRST REPORT. -- The first report under section 153(b)
"10 USC 153 note" of title 10, United States Code, as added by section
201 of this Act, shall be submitted by the Chairman of the Joint Chiefs
of Staff not later than two years after the date of the enactment of
this Act.
(c) WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS VICE CHAIRMAN OF JCS.
"10 USC 154 note" -- (1) The President may waive, as provided in
paragraph (2), the requirements provided for in section 154(b) of title
10, United States Code (as added by section 201 of this Act), relating
to requirements for appointment of an officer as Vice Chairman of the
Joint Chiefs of Staff.
(2) In exercising such waiver authority, the President may --
(A) waive the requirement that the officer have the joint
specialty;
(B) waive the requirement under section 664 of such title (as
added by section 401 of this Act) for the length of a joint duty
assignment if the officer has served in such an assignment for not
less than two years; and
(C) consider as a joint duty assignment any tour of duty served
by the officer as a general or flag officer before the date of the
enactment of this Act (or being served on the date of the
enactment of this Act) that was considered to be a joint duty
assignment or a joint equivalent assignment under regulations in
effect at the time the assignment began.
(3)(A) A waiver under paragraph (2)(A) may not be made more than two
years after the date of the enactment of this Act.
(B) A waiver under paragraph (2)(B) or (2)(C) may not be made more
than four years after the date of the enactment of this Act.
AUTHORITY OF COMMANDERS
(a) IN GENERAL. -- Part I of subtitle A "10 USC 101 et seq." is
amended by inserting after chapter 5 the following new chapter:
"Sec.
"161. Combatant commands: establishment.
"162. Combatant commands: assigned forces; chain of command.
"163. Role of Chairman of Joint Chiefs of Staff.
"164. Commanders of combatant commands: assignemtn; powers and
duties.
"165. Combatant commands: administration and support.
"166. Combatant commands: budget proposals.
establishment
"(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS. -- With the advice
and assistance of the Chairman of the Joint Chiefs of Staff, the
President, through the Secretary of Defense, shall --
"(1) establish unified combatant commands and specified
combatant commands to perform military missions; and
"(2) prescribe the force structure of those commands.
"(b) PERIODIC REVIEW. -- (1) The Chairman periodically (and not less
often than every two years) shall --
"(A) review the missions, responsibilities (including
geographic boundaries), and force structure of each combatant
command; and
"(B) recommend to the President, through the Secretary of
Defense, any changes to such missions, responsibilities, and force
structures as may be necessary.
"(2) Except during time of hostilities or imminent threat of
hostilities, the President shall notify Congress not more than 60 days
after --
"(A) establishing a new combatant command; or
"(B) significantly revising the missions, responsibilities, or
force structure of an existing combatant command.
"(c) DEFINITIONS. -- In this chapter:
"(1) The term 'unified combatant command' means a military
command which has broad, continuing missions and which is composed
of forces from two or more military departments.
"(2) The term 'specified combatant command' means a military
command which has broad, continuing missions and which is normally
composed of forces from a single military department.
"(3) The term 'combatant command' means a unified combatant
command or a specified combatant command.
of command
"(a) ASSIGNMENT OF FORCES. -- (1) Except as provided in paragraph
(2), the Secretaries of the military departments shall assign all forces
under their jurisdiction to unified and specified combatant commands to
perform missions assigned to those commands. Such assignments shall be
made as directed by the Secretary of Defense, including direction as to
the command to which forces are to be assigned. The Secretary of
Defense shall ensure that such assignments are consistent with the force
structure prescribed by the President for each combatant command.
"(2) Except as otherwise directed by the Secretary of Defense, forces
to be assigned by the Secretaries of the military departments to the
combatant commands under paragraph (1) do not include forces assigned to
carry out functions of the Secretary of a military department listed in
sections 3013(b), 5013(b), and 8013(b) of this title.
"(3) A force assigned to a combatant command under this section may
be transferred from the command to which it is assigned only --
"(A) by authority of the Secretary of Defense; and
"(B) under procedures prescribed by the Secretary and approved
by the President.
"(4) Except as otherwise directed by the Secretary of Defense, all
forces operating within the geographic area assigned to a unified
combatant command shall be assigned to, and under the command of, the
commander of that command. The preceding sentence applies to forces
assigned to a specified combatant command only as prescribed by the
Secretary of Defense.
"(b) CHAIN OF COMMAND. -- Unless otherwise directed by the
President, the chain of command to a unified or specified combatant
command runs --
"(1) from the President to the Secretary of Defense; and
"(2) from the Secretary of Defense to the commander of the
combatant command.
Chiefs of Staff
"(a) COMMUNICATIONS THROUGH CHAIRMAN OF JCS; ASSIGNMENT OF DUTIES.
-- Subject to the limitations in section 152(c) of this title, the
President may --
"(1) direct that communications between the President or the
Secretary of Defense and the commanders of the unified and
specified combatant commands be transmitted through the Chairman
of the Joint Chiefs of Staff; and
"(2) assign duties to the Chairman to assist the President and
the Secretary of Defense in performing their command function.
"(b) OVERSIGHT BY CHAIRMAN OF JOINT CHIEFS OF STAFF. -- (1) The
Secretary of Defense may assign to the Chairman of the Joint Chiefs of
Staff responsibility for overseeing the activities of the combatant
commands. Such assignment by the Secretary to the Chairman does not
confer any command authority on the Chairman and does not alter the
responsibility of the commanders of the combatant commands prescribed in
section 164(b)(2) of this title.
"(2) Subject to the authority, direction, and control of the
Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves
as the spokesman for the commanders of the combatant commands,
especially on the operational requirements of their commands. In
performing such function, the Chairman shall --
"(A) confer with and obtain information from the commanders of
the combatant commands with respect to the requirements of their
commands;
"(B) evaluate and integrate such information;
"(C) advise and make recommendations to the Secretary of
Defense with respect to the requirements of the combatant
commands, individually and collectively; and
"(D) communicate, as appropriate, the requirements of the
combatant commands to other elements of the Department of Defense.
assignment; powers and duties
"(a) ASSIGNMENT AS COMBATANT COMMANDER. -- (1) The President may
assign an officer to serve as the commander of a unified or specified
combatant command only if the officer --
"(A) has the joint specialty under section 661 of this title;
and
"(B) has served in at least one joint duty assignment (as
defined under section 668(b) of this title) as a general or flag
officer.
"(2) The President may waive paragraph (1) in the case of an officer
if the President determines that such action is necessary in the
national interest.
"(b) RESPONSIBILITIES OF COMBATANT COMMANDERS. -- (1) The commander
of a combatant command is responsible to the President and to the
Secretary of Defense for the performance of missions assigned to that
command by the President or by the Secretary with the approval of the
President.
"(2) Subject to the direction of the President, the commander of a
combatant command --
"(A) performs his duties under the authority, direction, and
control of the Secretary of Defense; and
"(B) is directly responsible to the Secretary for the
preparedness of the command to carry out missions assigned to the
command.
"(c) COMMAND AUTHORITY OF COMBATANT COMMANDERS. -- (1) Unless
otherwise directed by the President or the Secretary of Defense, the
authority, direction, and control of the commander of a combatant
command with respect to the commands and forces assigned to that command
include the command functions of --
"(A) giving authoritative direction to subordinate commands and
forces necessary to carry out missions assigned to the command,
including authoritative direction over all aspects of military
operations, joint training, and logistics;
"(B) prescribing the chain of command to the commands and
forces within the command;
"(C) organizing commands and forces within that command as he
considers necessary to carry out missions assigned to the command;
"(D) employing forces within that command as he considers
necessary to carry out missions assigned to the command;
"(E) assigning command functions to subordinate commanders;
"(F) coordinating and approving those aspects of administration
and support (including control of resources and equipment,
internal organization, and training) and discipline necessary to
carry out missions assigned to the command; and
"(G) exercising the authority with respect to selecting
subordinate commanders, selecting combatant command staff,
suspending subordinates, and convening courts-martial, as provided
in subsections (e), (f), and (g) of this section and section
822(a) of this title, respectively.
"(2)(A) The Secretary of Defense shall ensure that a commander of a
combatant command has sufficient authority, direction, and control over
the commands and forces assigned to the command to exercise effective
command over those commands and forces. In carrying out this
subparagraph, the Secretary shall consult with the Chairman of the Joint
Chiefs of Staff.
"(B) The Secretary shall periodically review and, after consultation
with the Secretaries of the military departments, the Chairman of the
Joint Chiefs of Staff, and the commander of the combatant command,
assign authority to the commander of the combatant command for those
aspects of administration and support that the Secretary considers
necessary to carry out missions assigned to the command.
"(3) If a commander of a combatant command at any time considers his
authority, direction, or control with respect to any of the commands or
forces assigned to the command to be insufficient to command
effectively, the commander shall promptly inform the Secretary of
Defense.
"(d) AUTHORITY OVER SUBORDINATE COMMANDERS. -- Unless otherwise
directed by the President or the Secretary of Defense --
"(1) commanders of commands and forces assigned to a combatant
command are under the authority, direction, and control of, and
are responsible to, the commander of the combatant command on all
matters for which the commander of the combatant command has been
assigned authority under subsection (c);
"(2) the commander of a command or force referred to in clause
(1) shall communicate with other elements of the Department of
Defense on any matter for which the commander of the combatant
command has been assigned authority under subsection (c) in
accordance with procedures, if any, established by the commander
of the combatant command;
"(3) other elements of the Department of Defense shall
communicate with the commander of a command or force referred to
in clause (1) on any matter for which the commander of the
combatant command has been assigned authority under subsection (c)
in accordance with procedures, if any, established by the
commander of the combatant command; and
"(4) if directed by the commander of the combatant command, the
commander of a command or force referred to in clause (1) shall
advise the commander of the combatant command of all
communications to and from other elements of the Department of
Defense on any matter for which the commander of the combatant
command has not been assigned authority under subsection (c).
"(e) SELECTION OF SUBORDINATE COMMANDERS. -- (1) An officer may be
assigned to a position as the commander of a command directly
subordinate to the commander of a combatant command or, in the case of
such a position that is designated under section 601 of this title "10
USC 601" as a position of importance and responsiblity, may be
recommended to the President for assignment to that position, only --
"(A) with the concurrence of the commander of the combatant
command; and
"(B) in accordance with procedures established by the Secretary
of Defense.
"(2) The Secretary of Defense may waive the requirement under
paragraph (1) for the concurrence of the commander of a combatant
command with regard to the assignment (or recommendation for assignment)
of a particular officer if the Secretary of Defense determines that such
action is in the national interest.
"(3) The commander of a combatant command shall --
"(A) evalute the duty performance of each commander of a
command directly subordinate to the commander of such combatant
command; and
"(B) submit the evaluation to the Secretary of the military
department concerned and the Chairman of the Joint Chiefs of
Staff.
"(f) COMBATANT COMMAND STAFF. -- (1) Each unified and specified
combatant command shall have a staff to assist the commander of the
command in carrying out his responsibilities. Positions of
responsibility on the combatant command staff shall be filled by
officers from each of the armed forces having significant forces
assigned to the command.
"(2) An officer may be assigned to a position on the staff of a
combatant command or, in the case of such a position that is designated
under section 601 "10 USC 601" of this title as a position of importance
and responsibility, may be recommended to the President for assignment
to that position, only --
"(A) with the concurrence of the commander of such command;
and
"(B) in accordance with procedures established by the Secretary
of Defense.
"(3) The Secretary of Defense may waive the requirement under
paragraph (2) for the concurrence of the commander of a combatant
command with regard to the assignment (or recommendation for assignment)
of a particular officer to serve on the staff of the combatant command
if the Secretary of Defense determines that such action is in the
national interest.
"(g) AUTHORITY TO SUSPEND SUBORDINATES. -- In accordance with
procedures established by the Secretary of Defense, the commander of a
combatant command may suspend from duty and recommend the reassignment
of any officer assigned to such combatant command.
support
"(a) IN GENERAL. -- The Secretary of Defense, with the advice and
assistance of the Chairman of the Joint Chiefs of Staff, shall provide
for the administration and support of forces assigned to each combatant
command.
"(b) RESPONSIBILITY OF SECRETARIES OF MILITARY DEPARTMENTS. --
Subject to the authority, direction, and control of the Secretary of
Defense and subject to the authority of commanders of the combatant
commands under section 164(c) of this title, the Secretary of a military
department is responsible for the administration and support of forces
assigned by him to a combatant command.
"(c) ASSIGNMENT OF RESPONSIBILITY TO OTHER COMPONENTS OF DOD. --
After consultation with the Secretaries of the military departments, the
Secretary of Defense may assign the responsibility (or any part of the
responsibility) for the administration and support of forces assigned to
the combatant commands to other components of the Department of Defense
(including Defense Agencies and combatant commands). A component
assigned such a responsibility shall discharge that responsibility
subject to the authority, direction, and control of the Secretary of
Defense and subject to the authority of commanders of the combatant
commands under section 164(c) of this title.
"(a) COMBATANT COMMAND BUDGETS. -- The Secretary of Defense shall
include in the annual budget of the Department of Defense submitted to
Congress a separate budget proposal for such activities of each of the
unified and specified combatant commands as may be determined under
subsection (b).
"(b) CONTENT OF PROPOSALS. -- A budget proposal under subsection (a)
for funding of activities of a combatant command shall include funding
proposals for such activities of the combatant command as the Secretary
(after consultation with the Chairman of the Joint Chiefs of Staff)
determines to be appropriate for inclusion. Activities of a combatant
command for which funding may be requested in such a proposal include
the following:
"(1) Joint exercises.
"(2) Force training.
"(3) Contingencies.
"(4) Selected operations.".
(b) COURT-MARTIAL JURISDICTION. -- Section 822(a) (article 22(a) of
the Uniform Code of Military Justice) "10 USC 822" is amended --
(1) by redesignating paragraphs (2) through (7) as paragraphs
(4) through (9), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs (2) and (3):
"(2) the Secretary of Defense;
"(3) the commanding officer of a unified or specified combatant
commands;".
(c) REPEAL OF SECTION 124. -- (1) Section 124 is repealed.
(2) The table of sections at the beginning of chapter 3 is amended by
striking out the item relating to that section.
COMMANDS
(a) MATTERS TO BE CONSIDERED. -- The first review of the missions,
responsibilities (including geographic boundaries), and force structure
of the unified and specified combatant commands under section 161(b) of
title 10, United States Code, as added by section 211 of this Act, shall
include consideration of the following:
(1) Creation of a unified combatant command for strategic
missions which would combine --
(A) the missions, responsibilities, and forces of the Strategic
Air Command;
(B) the strategic missions, responsibilities, and forces of the
Army and Navy; and
(C) other appropriate strategic missions, responsibilities, and
forces of the armed forces.
(2) Creation of a unified combatant command for special
operations missions uhich would combine the special operations
missions, responsibilities, and forces of the armed forces.
(3) Creation of a unified combatant command for transportation
missions which would combine the transportation missions,
responsibilities, and forces of the Military Traffic Management
Command, the Military Sealift Command, and the Military Airlift
Command.
(4) Creation of a unified combatant command for missions
relating to defense of Northeast Asia.
(5) Revision of the geographic area for which the United States
Central Command has responsibility so as to include --
(A) the ocean areas adjacent to Southwest Asia; and
(B) the region of the Middle East that is assigned to the
United States European Command.
(6) Revision of the geographic area for which the United States
Southern Command has responsibility so as to include the ocean
areas adjacent to Central America.
(7) Revision of the geographic area for which the United States
Pacific Command has responsibility so as to include all of the
State of Alaska.
(8) Revision of the missions and responsibilities of the United
States Readiness Command so as to include --
(A) an enhanced role in securing the borders of the United
States; and
(B) assignment of regions of the world not assigned as part of
the geographic area of responsibility of any other unified
combatant command.
(9) Revision of the division of missions and responsibilities
between the United States Central Command and the United States
Readiness Command.
(10) Elimination of the command designated as United States
Forces, Caribbean.
(b) DEADLINE. -- The first report to the President under such
section shall be made not later than one year after the date of the
enactment of this Act.
STRUCTURE
(a) PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILITARY
TRANSPORTATION COMMANDS. -- Section 1110 of the Department of Defense
Authorization Act, 1983 "10 USC 133 note" (Public Law 97-252; 96 Stat.
747), is repealed.
(b) PROHIBITION AGAINST ALTERING COMMAND STRUCTURE FOR MILITARY
FORCES IN ALASKA. -- Section 8106 of the Department of Defense
Appropriations Act, 1986 (as contained in section 101(b) of Public Law
99-190 (99 Stat. 1221)), is repealed.
(a) ASSIGNMENT OF FORCES TO COMBATANT COMMANDS. "10 USC 162 note" --
Section 162(a) of title 10, United States Code (as added by section 211
of this Act), shall be implemented not later than 90 days after the date
of the enactment of this Act.
(b) WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT "10 USC 164
note" COMMANDER. -- (1) The President may waive, as provided in
paragraph (2), the requirements provided for in section 164(a) of title
10, United States Code (as added by section 201 of this Act), relating
to the assignment of commanders of the combatant commands.
(2) In exercising such waiver authority, the President may, in the
case of any officer --
(A) waive the requirement that the officer have the joint
specialty;
(B) waive the requirement under section 664 of such title (as
added by section 401 of this Act) for the length of a joint duty
assignment if the officer has served in such an assignment for not
less than two years; and
(C) consider as a joint duty assignment any tour of duty served
by the officer as a general or flag officer before the date of the
enactment of this Act (or being served on the date of the
enactment of this Act) that was considered to be a joint
equivalent assignment under regulations in effect at the time the
assignment began.
(3)(A) A waiver under paragraph (2)(A) may not be made more than two
years after the date of the enactment of this Act.
(B) A waiver under paragraph (2)(B) or (2)(C) may not be made more
than four years after the date of the enactment of this Act.
(4) A waiver under this subsection may be made only on a case-by-case
basis.
(c) SELECTION AND SUSPENSION FROM DUTY OF SUBORDINATE OFFICERS. --
Subsections (e), (f), and (g) of section 164 of title 10, "10 USC 164
note" United States Code (as added by section 211 of this Act), shall
take effect at the end of the 90-day period beginning on the date of the
enactment of this Act, or on such earlier date as may be prescribed by
the Secretary of Defense.
(d) BUDGET PROPOSALS. -- Section 166 of title 10, United States Code
"10 USC 166 note" (as added by section 211 of this Act), shall take
effect with budget proposals for fiscal year 1989.
AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
(a) IN GENERAL. -- Chapter 8 is amended --
(1) by redesignating section 191 as section 201; and
(2) by striking out the chapter heading and the table of
sections at the beginning of such chapter and inserting in lieu
thereof the following:
"Subchapter ........................................... Sec.
"I. Common Supply and Service Activities ............. 191
"II. Miscellaneous Defense Agency Matters ............ 201
"Sec.
"191. Secretary of Defense: authority to provide for common
performance of supply or service activities.
"192. Defense Agencies and Department of Defense Field Activities:
oversight by the Secretary of Defense.
"193. Combat support agencies: oversight.
"194. Limitations on personnel.
authority to provide for common performance of supply or
service activities
"(a) AUTHORITY. -- Whenever the Secretary of Defense determines such
action would be more effective, economical, or efficient, the Secretary
may provide for the performance of a supply or service activity that is
common to more than one military department by a single agency of the
Department of Defense.
"(b) DESIGNATION OF COMMON SUPPLY OR SERVICE AGENCY. -- Any agency
of the Department of Defense established under subsection (a) (or under
the second sentence of section 125(d) of this title (as in effect before
the date of the enactment of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986)) for the performance of a supply or service
activity referred to in such subsection shall be designated as a Defense
Agency or a Department of Defense Field Activity.
of Defense Field Activities: oversight by the Secretary
of Defense
"(a) OVERALL SUPERVISION. -- (1) The Secretary of Defense shall
assign responsibility for the overall supervision of each Defense Agency
and Department of Defense Field Activity designated under section 191(b)
of this title --
"(A) to a civilian officer within the Office of the Secretary
of Defense listed in section 131(b) of this title; or
"(B) to the Chairman of the Joint Chiefs of Staff.
"(2) An official assigned such a responsibility with respect to a
Defense Agency or Department of Defense Field Activity shall advise the
Secretary of Defense on the extent to which the program recommendations
and budget proposals of such agency or activity conform with the
requirements of the military departments and of the unified and
specified combatant commands.
"(3) This subsection does not apply to the Defense Intelligence
Agency or the National Security Agency.
"(b) PROGRAM AND BUDGET REVIEW. -- The Secretary of Defense shall
establish procedures to ensure that there is full and effective review
of the program recommendations and budget proposals of each Defense
Agency and Department of Defense Field Activity.
"(c) PERIODIC REVIEW. -- (1) Periodically (and not less often than
every two years), the Secretary of Defense shall review the services and
supplies provided by each Defense Agency and Department of Defense Field
Activity to ensure that --
"(A) there is a continuing need for each such agency and
activity; and
"(B) the provision of those services and supplies by each such
agency and activity, rather than by the military departments, is a
more effective, economical, or efficient manner of providing those
services and supplies or of meeting the requirements for combat
readiness of the armed forces.
"(2) Paragraph (1) shall apply to the National Security Agency as
determined appropriate by the Secretary, in consultation with the
Director of Central Intelligence. The Secretary shall establish
procedures under which information required for review of the National
Security Agency shall be obtained.
"(a) COMBAT READINESS. -- (1) Periodically (and not less often than
every two years), the Chairman of the Joint Chiefs of Staff shall submit
to the Secretary of Defense a report on the combat support agencies.
Each such report shall include --
"(A) a determination with respect to the responsiveness and
readiness of each such agency to support operating forces in the
event of a war or threat to national security; and
"(B) any recommendations that the Chairman considers
appropriate.
"(2) in preparing each such report, the Chairman shall review the
plans of each such agency with respect to its support of operating
forces in the event of a war or threat to national security. After
consultation with the Secretaries of the military departments and the
commanders of the unified and specified combatant commands, as
appropriate, the Chairman may, with the approval of the Secretary of
Defense, take steps to provide for any revision of those plans that the
Chairman considers appropriate.
"(b) PARTICIPATION IN JOINT TRAINING EXERCISES. -- The Chairman
shall --
"(1) provide for the participation of the combat support
agencies in joint training exercises to the extent necessary to
ensure that those agencies are capable of performing their support
missions with respect to a war or threat to national security;
and
"(2) assess the performance in joint training exercises of each
such agency and, in accordance with guidelines established by the
Secretary of Defense, take steps to provide for any change that
the Chairman considers appropriate to improve that performance.
"(c) READINESS REPORTING SYSTEM. -- The Chairman shall develop, in
consultation with the director of each combat support agency, a uniform
system for reporting to the Secretary of Defense, the commanders of the
unified and specified combatant commands, and the Secretaries of the
military departments concerning the readiness of each such agency to
perform with respect to a war or threat to national security.
"(d) REVIEW OF NATIONAL SECURITY AGENCY. -- (1) Subsections (a),
(b), and (c) shall apply to the National Security Agency, but only with
respect to combat support functions the Agency performs for the
Department of Defense.
"(2) The Secretary, after consulting with the Director of Central
Intelligence, shall establish policies and procedures with respect to
the application of subsections (a), (b), and (c) to the National
Security Agency.
"(e) COMBAT SUPPORT CAPABILITIES OF DIA AND NSA. -- The Secretary of
Defense, in consultation with the Director of Central Intelligence,
shall develop and implement, as they may determine to be necessary,
policies and programs to correct such deficiencies as the Chairman of
the Joint Chiefs of Staff and other officials of the Department of
Defense may identify in the capabilities of the Defense Intelligence
Agency and the National Security Agency to accomplish assigned missions
in support of military combat operations.
"(f) DEFINITION OF COMBAT SUPPORT AGENCY. -- In this section, the
term 'combat support agency' means any of the following Defense
Agencies:
"(1) The Defense Communications Agency.
"(2) The Defense Intelligence Agency.
"(3) The Defense Logistics Agency.
"(4) The Defense Mapping Agency.
"(5) Any other Defense Agency designated as a combat support
agency by the Secretary of Defense.
"(a) CAP ON HEADQUARTERS MANAGEMENT PERSONNEL. -- After September
30, 1989, the total number of members of the armed forces and civilian
employees assigned or detailed to permanent duty in the management
headquarters activities or management headquarters support activities in
the Defense Agencies and Department of Defense Field Activities may not
exceed the number that is the number of such members and employees
assigned or detailed to such duty on September 30, 1989.
"(b) CAP ON OTHER PERSONNEL. -- After September 30, 1989, the total
number of members of the armed forces and civilian employees assigned or
detailed to permanent duty in the Defense Agencies and Department of
Defense Field Activities, other than members and employees assigned to
management headquarters activities or management headquarters support
activities, may not exceed the number that is the number of such members
and employees assigned or detailed to such duty on September 30, 1989.
"(c) PROHIBITION AGAINST CERTAIN ACTIONS TO EXCEED LIMITATIONS. --
The limitations in subsections (a) and (b) may not be exceeded by
recategorizing or redefining duties, functions, offices, or
organizations.
"(d) EXCLUSION OF NSA. -- The National Security Agency shall be
excluded in computing and maintaining the limitations required by this
section.
"(e) WAIVER. -- The limitations in this section do not apply --
"(1) in time of war; or
"(2) during a national emergency declared by Congress.
"(f) DEFINITIONS. -- In this section, the terms 'management
headquarters activities' and 'management headquarters support
activities' have the meanings given those terms in Department of Defense
Directive 5100.73, entitled 'Department of Defense Management
Headquarters and Headquarters Support Activities' and dated January 7,
1985.
"Sec.
"201. Unauthorized use of Defense Intelligence Agency name,
initials, or seal.".
(b) CONFORMING AMENDMENTS. -- (1) Section 125 is amended by striking
out subsection (d).
(2) Subsection (c)(2) of section 113 (as redesignated by section
101(a)) is amended by striking out "section 125" and inserting in lieu
thereof "sections 125 and 191".
DEFENSE FIELD ACTIVITY
Section 101 is amended by adding at the end the following new
paragraphs:
"(44) 'Defense Agency' means an organizational entity of the
Department of Defense --
"(A) that is established by the Secretary of Defense under
section 191 of this title (or under the second sentence of section
125(d) of this title (as in effect before the date of the
enactment of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986)) to perform a supply or service
activity common to more than one military department (other than
such an entity that is designated by the Secretary as a Department
of Defense Field Activity); or
"(b) that is designated by the Secretary of Defense as a
Defense Agency.
"(45) 'Department of Defense Field Activity' means an
organizational entity of the Department of Dfense --
"(A) that is established by the Secretary of Defense under
section 191 of this title (or under the second sentence of section
125(d) of this title (as in effect before the date of the
enactment of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986)) to perform a supply or service
activity common to more than one military department; and
"(B) that is designated by the Secretary of Defense as a
Department of Defense Field Activity.".
AGENCIES AND DOD FIELD ACTIVITIES
(a) SECRETARY OF DEFENSE. -- (1) The Secretary of Defense shall
conduct a study of the functions and organizational structure of the
Defense Agencies and Department of Defense Field Activities. The study
shall determine the most effective, economical, or efficient means of
providing supply or service activities common to more than one military
department, after considering the matters set forth in subsection (d)
and the reports submitted under subsection (b).
(2) To the extent that the most effective, economical, or efficient
means of providing those activities is determined under paragraph (1) to
be the existing Defense Agency and Department of Defense Field Activity
structure, the study shall analyze methods to improve the performance
and responsiveness of Defense Agencies and Department of Defense Field
Activities with respect to the entities to which they provide supplies
and services, particularly with regard to the unified and specified
combatant commands.
(b) SERVICE SECRETARIES AND CHAIRMAN OF THE JCS. -- The Secretaries
of the military departments and the Chairman of the Joint Chiefs of
Staff shall each conduct a study of the functions and organizational
structure of the Defense Agencies and Department of Defense Field
Activities. The Secretaries and Chairman shall each submit a report to
the Secretary of Defense on such study at a time specified by the
Secretary. Each such report shall include a discussion of and
recommendations concerning each matter set forth in subsection (d).
(c) NATIONAL SECURITY AGENCY. -- This section shall apply to the
National Security Agency as determined appropriate by the Secretary of
Defense, in consultation with the Director of Central Intelligence. The
Secretary shall establish procedures under which information required
for review of the National Security Agency shall be obtained.
(d) MATTERS CONSIDERED. -- The studies required by subsections (a)
and (b) shall consider the following matters:
(1) Whether the existing allocation of functions to, and
organization structure of, the Defense Agencies and Department of
Defense Field Activities meet the statutory requirement of
providing a supply or service activity common to more than one
military department in a more effective, economical, or efficient
manner.
(2) Alternative allocations of authority and functions assigned
to the Defense Agencies and Department of Defense Field
Activities, including --
(A) various possible redistributions of responsibilities among
those agencies and activities;
(B) transfer of the responsibility for those functions to --
(i) the Secretaries of the military departments;
(ii) the appropriate officers in the Office of the Secretary of
Defense;
(iii) the Chairman of the Joint Chiefs of Staff; or
(iv) the commanders of unified or specified combatant commands;
(C) creation of new Defense Agencies or Department of Defense
Field Activities;
(D) consolidation of two or more such agencies and activities;
(E) elimination of any such agency or activity; and
(F) other organizational changes in the Department of Defense
designed to make the performance of those functions more
effective, economical, or efficient.
(3) Whether the requirements of the amendments made by section
301 will have the effect of ensuring the readiness and
responsiveness of the Defense Agencies in the event of a war or
threat to national security and whether any additional legislation
is necessary to ensure such readiness and responsiveness.
(4) Additional legislative or administrative actions that the
Secretary considers necessary to ensure effective oversight of
Defense Agency and Department of Defense Field Activity resource
management, personnel policies, and budget procedures and to
clarify supervisory responsibilities.
(5) Whether the findings and recommendations of the report of
March 1979 entitled "Report to the Secretary of Defense of the
Defense Agency Reivew" and directed by Major General Theodore
Antonelli, United States Army (Retired), should be the basis for
additional legislative or administrative actions.
(e) REPORT. -- The Secretary of Defense shall submit to Congress a
report that includes the following:
(1) A report on the study required by subsection (a) that
includes --
(A) a discussion of and recommendations concerning each matter
set forth in subsection (d); and
(B) a discussion of the reports required by subsection (b).
(2) A copy of each report required by subsection (b).
(3) A study of the improved application of computer systems to
functions of Defense Agencies and Department of Defense Field
Activities, including a plan for the rapid replacement, where
necessary, of existing automated data processing equipment with
new equipment.
(4) Plans to achieve reductions in the total number of members
of the Armed Forces and civilian employees assigned or detailed to
permanent duty in the Defense Agencies and Department of Defense
Field Activities (other than the National Security Agency) by 5
percent, 10 percent, and 15 percent of the total number of such
members and employees projected to be assigned or detailed to such
duty on September 30, 1988, together with a discussion of the
implications of each such reduction and a draft of any legislation
that would be required to implement each such plan.
(f) DEADLINE FOR SUBMISSION. -- The report required by subsection
(e) shall be submitted not later than one year after the date of the
enactment of this Act.
(a) SECRETARY OF DEFENSE REVIEW OF DEFENSE AGENCIES. "10 USC 192
note" -- The first review under section 192(c) of title 10, United
States Code (as added by section 301(a)), shall be completed not later
than two years after the date that the report under section 303(e) is
required to be submitted to Congress.
(b) REPORT AND OTHER ACTIONS BY CHAIRMAN OF JCS. "10 USC 193 note"
-- The first report under subsection (a) of section 193 of such title
(as added by section 301(a)) shall be submitted, and subsections (b) and
(c) of such section shall be implemented, not later than one year after
the date of the enactment of this Act. The Secretary of Defense shall
provide a report on the implementation of such subsections (b) and (c)
in the report of the Secretary submitted to Congress for 1988 under
section 113(c) of title 10, United States Code (as redesignated by
section 101(a)).
(a) ESTABLISHMENT OF JOINT OFFICER MANAGEMENT POLICIES. -- Part II
of subtitle A "10 USC 501 et seq." is amended by inserting after chapter
37 the following new chapter:
"Sec.
"661. Management policies for joint specialty officers.
"662. Promotion policy objectives for joint officers.
"663. Education.
"664. Length of joint duty assignments.
"665. Procedures for monitoring careers of joint officers.
"666. Reserve officers not on the active-duty list.
"667. Annual report to Congress.
"668. Definitions.
specialty officers
"(a) ESTABLISHMENT. -- The Secretary of Defense shall establish
policies, procedures, and practices for the effective management of
officers of the Army, Navy, Air Force, and Marine Corps on the
active-duty list who are particularly trained in, and oriented toward,
joint matters (as defined in section 668 of this title). Such officers
shall be identified or designated (in addition to their principal
military occupational specialty) in such manner as the Secretary of
Defense directs. For purposes of this chapter, officers to be managed
by such policies, procedures, and practices are referred to as having,
or having been nominated for, the 'joint specialty'.
"(b) NUMBERS AND SELECTION. -- (1) The number of officers with the
joint specialty shall be determined by the Secretary. Such number shall
be large enough to meet the requirements of subsection (d).
"(2) Officers shall be selected for the joint specialty by the
Secretary of Defense with the advice of the Chairman of the Joint Chiefs
of Staff. The Secretaries of the military departments shall nominate
officers for selection for the joint specialty. Nominations shall be
made from among officers --
"(A) who meet qualifications prescribed by the Secretary of
Defense; and
"(B) who --
"(i) are senior captains or, in the case of the Navy, senior
lieutenants; or
"(ii) are serving in the grade of major or lieutenant commander
or a higher grade.
"(c) EDUCATION AND EXPERIENCE REQUIREMENTS. -- (1) An officer who is
nominated for the joint specialty may not be selected for the joint
specialty until the officer --
"(A) successfully completes an appropriate program at a joint
professional military education school; and
"(B) after completing such program of education, successfully
completes a full tour of duty in a joint duty assignment.
"(2) An officer who has a critical occupational specialty involving
combat operations (as designated by the Secretary of Defense) and who is
nominated for the joint specialty may be selected for the joint
specialty after successful completion of a joint duty assignment of not
less than two years and successful completion of a program under
paragraph (1)(A). An officer selected for the joint specialty under
this paragraph shall be required to complete the generally applicable
requirements for selection under paragraph (1)(B) as soon as practicable
after such officer's selection.
"(d) NUMBER OF JOINT DUTY ASSIGNMENTS. -- (1) The Secretary of
Defense shall ensure that approximately one-half of the joint duty
assignment positions in grades above captain or, in the case of the
Navy, lieutenant are filled at any time by officers who have (or have
been nominated for) the joint specialty.
"(2) The Secretary of Defense shall designate not fewer than 1,000
joint duty assignment positions as critical joint duty assignment
positions. Each such position shall be held only by an officer with the
joint specialty.
"(e) CAREER GUIDELINES. -- The Secretary, with the advice of the
Chairman of the Joint Chiefs of Staff, shall establish career guidelines
for officers with the joint specialty. Such guidelines shall include
guidelines for --
"(1) selection;
"(2) military education;
"(3) training;
"(4) types of duty assignments; and
"(5) such other matters as the Secretary considers appropriate.
joint officers
"(a) QUALIFICATIONS. -- The Secretary of Defense shall ensure that
the qualifications of officers assigned to joint duty assignments are
such that --
"(1) officers who are serving on, or have served on, the Joint
Staff are expected, as a group, to be promoted at a rate not less
than the rate for officers of the same armed force in the same
grade and competitive category who are serving on, or have served
on, the headquarters staff of their armed force;
"(2) officers who have the joint specialty are expected, as a
group, to be promoted at a rate not less than the rate for
officers of the same armed force in the same grade and competitive
category who are serving on, or have served on, the headquarters
staff of their armed force; and
"(3) officers who are serving in, or have served in, joint duty
assignments (other than officers covered in paragraphs (1) and
(2)) are expected, as a group, to be promoted at a rate not less
than the rate for all officers of the same armed force in the same
grade and competitive category.
"(b) REPORT. -- The Secretary of Defense shall periodically (and not
less often than every six months) report to Congress on the promotion
rates of officers who are serving in, or have served in, joint duty
assignments, especially with respect to the record of officer selection
boards in meeting the objectives of clauses (1), (2), and (3) of
subsection (a). If such promotion rates fail to meet such objectives,
the Secretary shall immediately notify Congress of such failure and of
what action the Secretary has taken or plans to take to prevent further
failures.
"(a) CAPSTONE COURSE FOR NEW GENERAL AND FLAG OFFICERS. -- (1) Each
officer selected for promotion to the grade of brigadier general or, in
the case of the Navy, rear admiral (lower half) shall be required, after
such selection, to attend a military education course designed
specifically to prepare new general and flag officers to work with the
other armed forces.
"(2) Subject to paragraph (3), the Secretary of Defense may waive
paragraph (1) --
"(A) in the case of an officer whose immediately previous
assignment was in a joint duty assignment and who is thoroughly
familiar with joint matters;
"(B) when necessary for the good of the service;
"(C) in the case of an officer whose proposed selection for
promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist (as
determined under regulations prescribed under section 619(e)(4) of
this title); and
"(D) in the case of a medical officer, dental officer,
veterinary officer, medical service officer, nurse, biomedical
science officer, or chaplain.
"(3) The authority of the Secretary of Defense to grant a waiver
under paragraph (2) may only be delegated to the Deputy Secretary of
Defense, an Under Secretary of Defense, or an Assistant Secretary of
Defense. Such a waiver may be granted only on a case-by-case basis in
the case of an individual officer.
"(b) JOINT MILITARY EDUCATION SCHOOLS. -- The Secretary of Defense,
with the advice and assistance of the Chairman of the Joint Chiefs of
Staff, shall periodically review and revise the curriculum of each
school of the National Defense University (and of any other joint
professional military education school) to enhance the education and
training of officers in joint matters. The Secretary shall require such
schools to maintain rigorous standards for the military education of
officers with the joint specialty.
"(c) OTHER PROFESSIONAL MILITARY EDUCATION SCHOOLS. -- The Secretary
of Defense shall require that each Department of Defense school
concerned with professional military education periodically review and
revise its curriculum for senior and intermediate grade officers in
order to strengthen the focus on --
"(1) joint matters; and
"(2) preparing officers for joint duty assignments.
"(d) POST-EDUCATION DUTY ASSIGNMENTS. -- The Secretary of Defense
shall ensure that --
"(1) unless waived by the Secretary in an individual case, each
officer with the joint specialty who graduates from a joint
professional military education school shall be assigned to a
joint duty assignment for that officer's next duty assignment;
and
"(2) a high proportion (which shall be greater than 50 percent)
of the other officers graduating from a joint professional
military education school also receive assignments to a joint duty
assignment as their next duty assignment.
assignments
"(a) GENERAL RULE. -- The length of a joint duty assignment --
"(1) for general and flag officers shall be not less than three
years; and
"(2) for other officers shall be not less than three and
one-half years.
"(b) WAIVER AUTHORITY. -- The Secretary of Defense may waive
subsection (a) in the case of any officer, but the Secretary shall
ensure that the average length of joint duty assignments meets the
standards prescribed in that subsection.
"(c) CERTAIN OFFICERS WITH CRITICAL COMBAT OPERATIONS SKILLS. --
Joint duty assignments of less than the period prescribed by subsection
(a), but not less than two years, may be authorized for the purposes of
section 661(c)(2) of this title. Such an assignment may not be counted
for the purposes of determining the average length of joint duty
assignments under subsection (b).
"(d) EXCEPTION. -- (1) Subsection (a) does not apply in the case of
an officer who fails to complete a joint duty assignment as the result
of --
"(A) retirement;
"(B) separation from active duty; or
"(C) suspension from duty under section 155(f)(2) or 164(g) of
this title.
"(2) In computing the average length of joint duty assignments for
purposes of this section, the Secretary of Defense shall exclude joint
duty assignments not completed because of a reason specified in
paragraph (1).
officers
"(a) PROCEDURES. -- (1) The Secretary of Defense, with the advice of
the Chairman of the Joint Chiefs of Staff, shall establish procedures
for overseeing the careers of --
"(A) officers with the joint specialty; and
"(B) other officers who serve in joint duty assignments.
"(2) Such oversight shall include monitoring of the implementation of
the career guidelines established under section 661(e) of this title.
"(b) FUNCTION OF JOINT STAFF. -- The Secretary shall take such
action as necessary to enhance the capabilities of the Joint Staff so
that it can --
"(1) monitor the promotions and career assignments of officers
with the joint specialty and of other officers who have served in
joint duty assignments; and
"(2) otherwise advise the Chairman on joint personnel matters.
"The Secretary of Defense shall establish personnel policies
emphasizing education and experience in joint matters for reserve
officers not on the active-duty list. Such policies shall, to the
extent practicable for the reserve components, be similar to the
policies provided by this chapter.
"The Secretary of Defense shall include in the annual report of the
Secretary to Congress under section 113(c) of this title, for the period
covered by the report, the following information (which shall be shown
for the Department of Defense as a whole and separately for the Army,
Navy, Air Force, and Marine Corps):
"(1) The number of officers selected for the joint specialty
and their education and experience.
"(2) The promotion rate for officers considered for promotion
from within the promotion zone who are serving on the Joint Staff
compared with the promotion rate for other officers considered for
promotion from within the promotion zone in the same pay grade and
the same competitive category, shown for all officers of the armed
force and for officers serving on the headquarters staff of the
armed force concerned.
"(3) The promotion rate for officers with the joint specialty,
compared in the same manner as specified in paragraph (2).
"(4) The promotion rate for other officers who are serving in
joint duty assignments, compared in the same manner as specified
in paragraph (2).
"(5) The promotion rate for officers considered for promotion
from below the promotion zone, shown for officers serving on the
Joint Staff, officers with the joint specialty, and other officers
serving in joint duty assignments, compared in the same manner as
specified in paragraph (2).
"(6) An analysis of assignments of officers after selection for
the joint specialty.
"(7) The average length of tours of duty in joint duty
assignments --
"(A) for general and flag officers, shown separately for
assignments to the Joint Staff and other joint duty assignments;
and
"(B) for other officers, shown separately for assignments to
the Joint Staff and other joint duty assignments.
"(8) In any case in which the information under paragraphs (2)
through (5) shows a significant imbalance between officers serving
in joint duty assignments or having the joint specialty and other
officers, a description of what action has been taken (or is
planned to be taken) by the Secretary to correct the imbalance.
"(9) An analysis of the extent to which the Secretary of each
military department is providing officers to fill that
department's share (as determined by law or by the Secretary of
Defense) of Joint Staff and other joint duty assignments,
including the reason for any significant failure by a military
department to fill its share of such positions and a discussion of
the actions being taken to correct the shortfall.
"(10) Such other information and comparative data as the
Secretary of Defense considers appropriate to demonstrate the
performance of the Department of Defense and the performance of
each military department in carrying out this chapter.
"(a) JOINT MATTERS. -- In this chapter, the term 'joint matters'
means matters relating to the integrated employment of land, sea, and
air forces, including matters relating to --
"(1) national military strategy;
"(2) strategic planning and contingency planning; and
"(3) command and control of combat operations under unified
command.
"(b) JOINT DUTY ASSIGNEMNT. -- (1) The Secretary of Defense shall by
regulation define the term 'joint duty assignment' for the purposes of
this chapter. That definition shall be limited to assignments in which
the officer gains significant experience in joint matters and shall
exclude --
"(A) assignments for joint training or joint education; and
"(B) assignments within an officer's own military department.
"(2) The Secretary shall publish a list showing --
"(A) the positions that are joint duty assignment positions
under such regulation and the number of such positions; and
"(B) of the positions listed under subparagraph (A), those that
are critical joint duty assignment positions and the number of
such positions.".
(b) CLERICAL AMENDMENTS. -- The tables of chapters at the beginning
of subtitle A, and at the beginning of part II of subtitle A, are
amended by inserting after the item relating to chapter 37 the following
new item:
"38. Joint Officer Management ....................661".
(a) COMPOSITION OF SELECTION BOARDS. -- Section 612 "10 USC 612" is
amended by adding at the end the following new subsection:
"(c) Each selection board convened under section 611(a) of this title
that will consider officers who are serving in, or have served in, joint
duty assignments shall include at least one officer designated by the
Chairman of the Joint Chiefs of Staff who is currently serving in a
joint duty assignment. The Secretary of Defense may waive the preceding
sentence in the case of any selection board of the Marine Corps.".
(b) GUIDANCE TO SELECTION BOARDS. -- Section 615 is amended --
(1) by inserting "(a)" before "The Secretary of the";
(2) by striking out "and" at the end of clause (4);
(3) by redesignating clause (5) as clause (6);
(4) by inserting after clause (4) the following new clause (5):
"(5) guidelines, based upon guidelines received by the
Secretary from the Secretary of Defense under subsection (b), for
the purpose of ensuring that the board gives appropriate
consideration to the performance in joint duty assignments of
officers who are serving, or have served, in such assignments;
and"; and
(5) by adding at the end the following new subsection:
"(b) The Secretary of Defense, with the advice and assistance of the
Chairman of the Joint Chiefs of Staff, shall furnish to the Secretaries
of the military departments guidelines for the purpose of ensuring that
each selection board convened under section 611(a) of this title gives
appropriate consideration to the performance in joint duty assignments
of officers who are serving, or have served, in such assignments.".
(c) REVIEW OF PROMOTION LISTS BY CHAIRMAN OF JCS. -- Section 618 is
amended --
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
"(b)(1) After completing the requirements of subsection (a), the
Secretary concerned, in the case of the report of a selection board that
considered officers who are serving, or have served, in joint duty
assignments, shall submit the report to the Chairman of the Joint Chiefs
of Staff.
"(2) The Chairman, in accordance with guidelines furnished to the
Chairman by the Secretary of Defense, shall review the report for the
purpose of determining if --
"(A) the selection board acted consistent with the guidelines
of the Secretary of Defense under section 615(b) of this title to
ensure that selection boards give appropriate consideration to the
p4rformance in joint duty assignments of officers who are serving,
or have served, in such assignments; and
"(B) the selection board otherwise gave appropriate
consideration to the performance in joint duty assignments of
officers who are serving, or have served, in such assignments.
"(3) After reviewing the report, the Chairman shall return the
report, with his determinations and comments, to the Secretary
concerned.
"(4) If the Chairman determines that the board acted contrary to the
guidelines of the Secretary of Defense under section 615(b) of this
title or otherwise failed to give appropriate consideration to the
performance of officers in joint duty assignments, the Secretary
concerned may --
"(A) return the report, together with the Chairman's
determinations and comments, to the selection board (or a
subsequent selection board convened under section 611(a) of this
title "10 USC 611" for the same grade and competitive category)
for further proceedings in accordance with subsection (a);
"(B) convene a special selection board in the manner provided
for under section 628 of this title; or
"(C) take other appropriate action to satisfy the concerns of
the Chairman.
"(5) If, after completion of all actions taken under paragraph (4),
the Secretary concerned and the Chairman remain in disagreement with
respect to the report of a selection board, the Secretary concerned
shall indicate such disagreement, and the reasons for such disagreement,
as part of his transmittal of the report of the selection board to the
Secretary of Defense under subsection (c). Such transmittal shall
include any comments submitted by the Chairman."; and
(3) by adding at the end of paragraph (1) of subsection (c) (as
redesignated by paragraph (1)) the following new sentence: "The
Secretary of Defense shall, before transmitting the report of a
selection board to the President, take appropriate action to
resolve any disagreement between the Secretary concerned and the
Chairman transmitted to him under subsection (b)(5).".
AND flag OFFICER APPOINTMENTS AND ADVICE ON
QUALIFICATIONS
Section 601 is amended by adding at the end the following new
subsection:
"(d)(1) When an officer is recommended to the President for an
initial appointment to the grade of lieutenant general or vice admiral,
or for an initial appointment to the grade of general or admiral, the
Chairman of the Joint Chiefs of Staff shall submit to the Secretary of
Defense the Chairman's evaluation of the performance of that officer as
a member of the Joint Staff and in other joint duty assignments. The
Secretary of Defense shall submit the Chairman's evaluation to the
President at the same time the recommendation for the appointment is
submitted to the President.
"(2) Whenever a vacancy occurs in a position within the Department of
Defense that the President has designated as a position of importance
and responsibility to carry the grade of general or admiral or
lieutenant general or vice admiral or in an office that is designated by
law to carry such a grade, the Secretary of Defense shall inform the
President of the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office.".
PROMOTION TO GENERAL OR FLAG OFFICER GRADE
Section 619 "10 USC 619" is amended by adding at the end the
following new subsection:
"(e)(1) An officer may not be selected for promotion to the grade of
brigadier general or rear admiral (lower half) unless the officer has
served in a joint duty assignment.
"(2) Subject to paragraph (3), the Secretary of Defense may waive
paragraph (1) --
"(A) when necessary for the good of the service;
"(B) in the case of an officer whose proposed selection for
promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist;
"(C) in the case of a medical officer, dental officer,
veterinary officer, medical service officer, nurse, biomedical
science officer, chaplain, or judge advocate; and
"(D) until January 1, 1992, in the case of an officer who
served before the date of the enactment of this subsection in an
assignment (other than a joint duty assignment) that involved
significant experience in joint matters (as determined by the
Secretary).
"(3)(A) A waiver may be granted under paragraph (2) only on a
case-by-case basis in the case of an individual officer.
"(B) In the case of a waiver under paragraph (2)(A), the Secretary
shall provide that the first duty assignment as a general or flag
officer of an officer for whom the waiver is granted shall be in a joint
duty assignment.
"(C) The authority of the Secretary of Defense to grant a waiver
under paragraph (2)(B), (2)(C), or (2)(D) may only be delegated to the
Deputy Secretary of Defense, an Under Secretary of Defense, or an
Assistant Secretary of Defense.
"(4) The Secretary of Defense shall prescribe regulations to carry
out this subsection. Such regulations shall specifically identify those
categories of officers for which selection for promotion to brigadier
general or, in the case of the Navy, rear admiral (lower half) is based
primarily upon scientific and technical qualifications for which joint
requirements to not exist.".
IMPLEMENTATION
The Secretary of Defense shall include in the annual report of the
Secretary to Congress under section 113(c) of title 10, United States
Code (as redesignated by section 101(a)), for each year from 1987
through 1991 a detailed report on the implementation of this title and
the amendments made by this title.
(a) JOINT DUTY ASSIGNMENTS. -- (1) Section 661(d) "10 USC 661 note"
of title 10, United States Code (as added by section 401), shall be
implemented as rapidly as possible and not later than two years after
the date of the enactment of this Act.
(2) The list of positions that are joint duty assignment positions,
including identification of those positions that are critical joint duty
assignment positions, required to be published by section 668(b)( 2) of
such title shall be published not later than six months after the date
of the enactment of this Act.
(b) JOINT SPECIALTY. -- "10 USC 661 note"
(1) INITIAL SELECTIONS. -- (A) In making the initial
selections of officers for the joint specialty under section 661
of title 10, United States Code (as added by section 401 of this
Act), the Secretary of Defense may waive the requirement of either
subparagraph (A) or (B) (but not both) of subsection (c)( 1) of
such section in the case of any officer in a grade above captain
or, in the case of the Navy, lieutenant.
(B) In applying such subparagraph (B) to the initial selections
of officers for the joint specialty, the Secretary may in the case
of any officer --
(i) waive the requirement that a joint duty assignment be
served after the officer has completed an appropriate program at a
joint professional military education school;
(ii) waive the requirement for the length of a joint duty
assignment if the officer has served in such an assignment for not
less than two years; and
(iii) consider as a joint duty assignment any tour of duty
served by the officer before the date of the enactment of this Act
(or being served on the date of the enactment of this Act) that
was considered to be a joint duty assignment or a joint equivalent
assignment under the regulations in effect at the time the
assignment began.
(C) A waiver under subparagraph (A) of this paragraph or under
any provision of subparagraph (B) of this paragraph may only be
made on a case-by-case basis.
(D) The authority of the Secretary of Defense to grant a waiver
under subparagraph (A) or (B) of this paragraph may be delegated
only to the Deputy Secretary of Defense.
(2) REQUIREMENT FOR HIGH STANDARDS. -- In exercising the
authority provided by paragraph (1), the Secretary of Defense
shall ensure that the highest standards of performance, education,
and experience are established and maintained for officers
selected for the joint specialty.
(3) SUNSET. -- The authority provided by paragraph (1) shall
expire two years after the date of the enactment of this Act.
(c) CAREER GUIDELINES. "10 USC 661 note" -- The career guidelines
required to be established by section 661(e) of such title, the
procedures required to be established by section 665(a) of such title,
and the personnel policies required to be established by section 666 of
such title (as added by section 401) shall be established not later than
the end of the eight-month period beginning on the date of the enactment
of this Act. The provisions of section 665(b) of such title shall be
implemented not later than the end of such period.
(d) EDUCATION. -- "10 USC 663 note"
(1) CAPSTONE COURSE. -- Subsection (a) of section 663 of such
title (as added by section 401) shall apply with respect to
officers selected in reports of officer selection boards submitted
to the Secretary concerned after the end of the 120-day period
beginning on the date of the enactment of this Act.
(2) REVIEW OF MILITARY EDUCATION SCHOOLS. -- (A) The first
review under subsections (b) and (c) of such section shall be
completed not later than 120 days after the date of the enactment
of this Act. The Secretary of Defense shall submit to Congress a
report on the results of the review at each Department of Defense
school not later than 60 days thereafter.
(B) Such subsections shall be implemented so that the revised
curricula take effect with respect to courses beginning after July
1987.
(3) POST-EDUCATION DUTY ASSIGNMENTS. -- Subsection (d) of such
section shall take effect with respect to classes graduating from
joint professional military education schools after January 1987.
(e) LENGTH OF JOINT DUTY ASSIGNMENTS. "10 USC 664 note" --
Subsection (a) of section 664 of title 10, United States Code (as added
by section 401), shall apply to officers assigned to joint duty
assignments after the end of the 90-day period beginning on the date of
the enactment of this Act. In computing an average under subsection (b)
of such section, only joint duty assignments to which such subsection
applies shall be considered.
(f) PROMOTION POLICY. -- The amendments made by section 402 "10 USC
612 note" shall take effect with respect to selection boards convened
under section 611(a) of title 10, United States Code, after the end of
the 120-day period beginning on the date of the enactment of this Act.
(g) INITIAL REPORT. "10 USC 113 note" -- The first report submitted
by the Secretary of Defense after the date of the enactment of this Act
under section 113(c) of title 10, United States Code (as redesignated by
section 101), shall contain as much of the information required by
section 667 of such title (as added by section 401) as is available to
the Secretary at the time of the preparation of the report.
(a) AMENDMENTS TO CHAPTER 303. -- (1) Section 3015 "10 USC 3010 et
seq." is transferred to the end of chapter 305 and redesignated as
section 3040.
(2) Sections 3010, 3011, 3012, 3013, and 3014 "10 USC 3031 et seq."
are redesignated as sections 3011, 3012, 3013, 3014, and 3015,
respectively.
(3) Section 3016 is transferred within chapter 303 to appear after
section 3017 and is redesignated as section 3018.
(4) Section 3019 is transferred to chapter 305, inserted after
section 3037, and redesignated as section 3038.
(5) Chapter 303 is amended by striking out sections 3013, 3014, and
3015 (as redesignated by paragraph (2)) and inserting in lieu thereof
the following:
"(a)(1) There is a Secretary of the Army, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
The Secretary is the head of the Department of the Army.
"(2) A person may not be appointed as Secretary of the Army within 10
years after relief from active duty as a commissioned officer of a
regular component of an armed force.
"(b) Subject to the authority, direction, and control of the
Secretary of Defense and subject to the provisions of chapter 6 of this
title, the Secretary of the Army is responsible for, and has the
authority necessary to conduct, all affairs of the Department of the
Army, including the following functions:
"(1) Recruiting.
"(2) Organizing.
"(3) Supplying.
"(4) Equipping (including research and development).
"(5) Training.
"(6) Servicing.
"(7) Mobilizing.
"(8) Demobilizing.
"(9) Administering (including the morale and welfare of
personnel).
"(10) Maintaining.
"(11) The construction, outfitting, and repair of military
equipment.
"(12) The construction, maintenance, and repair of buildings,
structures, and utilities and the acquisition of real property and
interests in real property necessary to carry out the
responsibilities specified in this section.
"(c) Subject to the authority, direction, and control of the
Secretary of Defense, the Secretary of the Army is also responsible to
the Secretary of Defense for --
"(1) the functioning and efficiency of the Department of the
Army;
"(2) the formulation of policies and programs by the Department
of the Army that are fully consistent with national security
objectives and policies established by the President or the
Secretary of Defense;
"(3) the effective and timely implementation of policy,
program, and budget decisions and instructions of the President or
the Secretary of Defense relating to the functions of the
Department of the Army;
"(4) carrying out the functions of the Department of the Army
so as to fulfill (to the maximum extent practicable) the current
and future operational requirements of the unified and specified
combatant commands;
"(5) effective cooperation and coordination between the
Department of the Army and the other military departments and
agencies of the Department of Defense to provide for more
effective, efficient, and economical administration and to
eliminate duplication;
"(6) the presentation and justification of the positions of the
Department of the Army on the plans, programs, and policies of the
Department of Defense; and
"(7) the effective supervision and control of the intelligence
activities of the Department of the Army.
"(d) The Secretary of the Army is also responsible for such other
activities as may be prescribed by law or by the President or Secretary
of Defense.
"(e) After first informing the Secretary of Defense, the Secretary of
the Army may make such recommendations to Congress relating to the
Department of Defense as he considers appropriate.
"(f) The Secretary of the Army may assign such of his functions,
powers, and duties as he considers appropriate to the Under Secretary of
the Army and to the Assistant Secretaries of the Army. Officers of the
Army shall, as directed by the Secretary, report on any matter to the
Secretary, the Under Secretary, or any Assistant Secretary.
"(g) The Secretary of the Army may --
"(1) assign, detail, and prescribe the duties of members of the
Army and civilian personnel of the Department of the Army;
"(2) change the title of any officer or activity of the
Department of the Army not prescribed by law; and
"(3) prescribe regulations to carry out his functions, powers,
and duties under this title.
the Army
"(a) There is in the Department of the Army an Office of the
Secretary of the Army. The function of the Office is to assist the
Secretary of the Army in carrying out his responsibilities.
"(b) The Office of the Secretary of the Army is composed of the
following:
"(1) The Under Secretary of the Army.
"(2) The Assistant Secretaries of the Army.
"(3) The Administrative Assistant to the Secretary of the Army.
"(4) The General Counsel of the Department of the Army.
"(5) The Inspector General of the Army.
"(6) The Army Reserve Forces Policy Committee.
"(7) Such other offices and officials as may be established by
law or as the Secretary of the Army may establish or designate.
"(c)(1) The Office of the Secretary of the Army shall have sole
responsibility within the Office of the Secretary and the Army Staff for
the following functions:
"(A) Acquisition.
"(B) Auditing.
"(C) Comptroller (including financial management).
"(D) Information management.
"(E) Inspector General.
"(F) Legislative affairs.
"(G) Public affairs.
"(2) The Secretary of the Army shall establish or designate a single
office or other entity within the Office of the Secretary of the Army to
conduct each function specified in paragraph (1). No office or other
entity may be established or designated within the Army Staff to conduct
any of the functions specified in paragraph (1).
"(3) The Secretary shall prescribe the relationship of each office or
other entity established or designated under paragraph (2) to the Chief
of Staff and to the Army Staff and shall ensure that each such office or
entity provides the Chief of Staff such staff support as the Chief of
Staff considers necessary to perform his duties and responsibilities.
"(4) The vesting in the Office of the Secretary of the Army of the
responsibility for the conduct of a function specified in paragraph (1)
does not preclude other elements of the executive part of the Department
of the Army (including the Army Staff) from providing advice or
assistance to the Chief of Staff or otherwise participating in that
function within the executive part of the Department under the direction
of the office assigned responsibility for that function in the Office of
the Secretary of the Army.
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the
Army shall have sole responsibility within the Office of the Secretary
and the Army Staff for the function of research and development.
"(2) The Secretary of the Army may assign to the Army Staff
responsibility for those aspects of the function of research and
development that relate to military requirements and test and
evaluation.
"(3) The Secretary shall establish or designate a single office or
other entity within the Office of the Secretary of the Army to conduct
the function specified in paragraph (1).
"(4) The Secretary shall prescribe the relationship of the office or
other entity established or designated under paragraph (3) to the Chief
of Staff of the Army and to the Army Staff and shall ensure that each
such office or entity provides the Chief of Staff such staff support as
the Chief of Staff considers necessary to perform his duties and
responsibilities.
"(e) The Secretary of the Army shall ensure that the Office of the
Secretary of the Army and the Army Staff do not duplicate specific
functions for which the Secretary has assigned responsibility to the
other.
"(f)(1) The total number of members of the armed forces and civilian
employees of the Department of the Army assigned or detailed to
permanent duty in the Office of the Secretary of the Army and on the
Army Staff may not exceed 3,105.
"(2) Not more than 1,865 officers of the Army on the active-duty list
may be assigned or detailed to permanent duty in the Office of the
Secretary of the Army and on the Army Staff.
"(3) The total number of general officers assigned or detailed to
permanent duty in the Office of the Secretary of the Army and on the
Army Staff may not exceed the number equal to 85 percent of the number
of general officers assigned or detailed to such duty on the date of the
enactment of this subsection.
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in
time of war or during a national emergency declared by Congress. The
limitation in paragraph (2) does not apply whenever the President
determines that it is in the national interest to increase the number of
officers assigned or detailed to permanent duty in the Office of the
Secretary of the Army or on the Army Staff.
"(5) The limitations in paragraphs (1), (2), and (3) do not apply
before October 1, 1988.
"(a) There is an Under Secretary of the Army, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
"(b) The Under Secretary shall perform such duties and exercise such
powers as the Secretary of the Army may prescribe.
Army
"(a) There are five Assistant Secretaries of the Army. They shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
"(b)(1) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of the Army may prescribe.
"(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Army for Manpower and Reserve Affairs. He shall have
as his principal duty the overall supervision of manpower and reserve
component affairs of the Department of the Army.
"(3) One of the Assistant Secretaries shall be the Assistant
Secretary of the Army for Civil Works. He shall have as his principal
duty the overall supervision of the functions of the Department of the
Army relating to programs for conservation and development of the
national water resources, including flood control, navigation, shore
protection, and related purposes.".
(6) Section 3017 is amended --
(A) by striking out "(a)" at the beginning of the text of such
section;
(B) by striking out clause (2) and inserting in lieu thereof
the following:
"(2) The Assistant Secretaries of the Army, in the order
prescribed by the Secretary of the Army and approved by the
Secretary of Defense."; and
(C) by striking out subsection (b).
(7) Chapter 303 is further amended by adding at the end the following
new sections:
"(a) There is a General Counsel of the Department of the Army,
appointed from civilian life by the President.
"(b) The General Counsel shall perform such functions as the
Secretary of the Army may prescribe.
"(a) There is an Inspector General of the Army who shall be detailed
to such position by the Secretary of the Army from the general officers
of the Army. An officer may not be detailed to such position for a tour
of duty of more than four years, except that the Secretary may extend
such a tour of duty if he makes a special finding that the extension is
necessary in the public interest.
"(b) When directed by the Secretary or the Chief of Staff, the
Inspector General shall --
"(1) inquire into and report upon the discipline, efficiency,
and economy of the Army; and
"(2) perform any other duties prescribed by the Secretary or
the Chief of Staff.
"(c) The Inspector General shall periodically propose programs of
inspections to the Secretary of the Army and shall recommend additional
inspections and investigations as may appear appropriate.
"(d) The Inspector General shall cooperate fully with the Inspector
General of the Department of Defense in connection with the performance
of any duty or function by the Inspector General of the Department of
Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3)
regarding the Department of the Army.
"(e) The Inspector General shall have such deputies and assistants as
the Secretary of the Army may prescribe. Each such deputy and assistant
shall be an officer detailed by the Secretary to that position from the
officers of the Army for a tour of duty of not more than four years,
under a procedure prescribed by the Secretary.".
(8) Section 3033 is transferred to the end of chapter 303 (as amended
by paragraph (7)), redesignated as section 3021, and amended --
(A) in subsection (a) --
(i) by striking out "office" and inserting in lieu thereof
"Office";
(ii) by striking out "Committee which" and inserting in lieu
thereof "Committee. The Committee";
(iii) by inserting "and the mobilization preparedness" after
"reserve components";
(iv) by striking out "Army, and the" and inserting in lieu
thereof "Army. The"; and
(v) by striking out "Chief of Staff and the Assistant Secretary
responsible for reserve affairs" and inserting in lieu thereof
"Secretary of the Army and the Chief of Staff";
(B) in subsection (h), by striking out "General" each place it
appears; and
(C) by striking out the section heading and inserting in lieu
thereof the following:
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 303 is amended to read as follows:
"Sec.
"3011. Organization.
"3012. Department of the Army: seal.
"3013. Secretary of the Army.
"3014. Office of the Secretary of the Army.
"3015. Under Secretary of the Army.
"3016. Assistant Secretaries of the Army.
"3017. Secretary of the Army: successors to duties.
"3018. Administrative Assistant.
"3019. General Counsel.
"3020. Inspector General.
"3021. Army Reserve Forces Policy Committee.".
(a) COMPOSITION OF THE ARMY STAFF. -- Section 3031 is amended to
read as follows:
"(a) There is in the executive part of the Department of the Army an
Army Staff. The function of the Army Staff is to assist the Secretary
of the Army in carrying out his responsibilities.
"(b) The Army Staff is composed of the following:
"(1) The Chief of Staff.
"(2) The Vice Chief of Staff.
"(3) The Deputy Chiefs of Staff.
"(4) The Assistant Chiefs of Staff.
"(5) The Chief of Engineers.
"(6) The Surgeon General of the Army.
"(7) The Judge Advocate General of the Army.
"(8) The Chief of Chaplains of the Army.
"(9) The Chief of Army Reserve.
"(10) Other members of the Army assigned or detailed to the
Army Staff.
"(11) Civilian employees of the Department of the Army assigned
or detailed to the Army Staff.
"(c) Except as otherwise specifically prescribed by law, the Army
Staff shall be organized in such manner, and its members shall perform
such duties and have such titles, as the Secretary may prescribe.".
(b) GENERAL DUTIES. -- (1) Subsection (a) of section 3032 is amended
by inserting "and to the Chief of Staff of the Army" before the period.
(2) Subsection (b) of such section is amended --
(A) by striking out "direction and control of the Secretary" in
the matter preceding clause (1) and inserting in lieu thereof
"authority, direction, and control of the Secretary of the Army";
(B) by inserting "subject to subsections (c) and (d) of section
3014 of this title," before "prepare" in clause (1);
(C) by striking out ", training, serving, mobilizing, and
demobilizing" in clause (1) and inserting in lieu thereof
"(including those aspects of research and development assigned by
the Secretary of the Army), training, servicing, mobilizing,
demobilizing, administering, and maintaining";
(D) by striking out "for military operations" in clause (2) and
inserting in lieu thereof "to support military operations by
combatant commands"; and
(E) by striking out clause (4) and inserting in lieu thereof
the following:
"(4) as directed by the Secretary or the Chief of Staff,
coordinate the action of organizations of the Army; and".
(3) The heading of such section is amended to read as follows:
duties".
(c) CHIEF OF STAFF. -- Section 3034 is redesignated as section 3033
and is amended to read as follows:
"(a)(1) There is a Chief of Staff of the Army, appointed for a period
of four years by the President, by and with the advice and consent of
the Senate, from the general officers of the Army. He serves at the
pleasure of the President. In time of war or during a national
emergency declared by Congress, he may be reappointed for a term of not
more than four years.
"(2) The President may appoint an officer as Chief of Staff only if
--
"(A) the officer has had significant experience in joint duty
assignments; and
"(B) such experience includes at least one joint duty
assignment as a general officer.
"(3) The President may waive paragraph (2) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(b) The Chief of Staff, while so serving, has the grade of general
without vacating his permanent grade.
"(c) Except as otherwise prescribed by law and subject to section
3013(f) of this title, the Chief of Staff performs his duties under the
authority, direction, and control of the Secretary of the Army and is
directly responsible to the Secretary.
"(d) Subject to the authority, direction, and control of the
Secretary of the Army, the Chief of Staff shall --
"(1) preside over the Army Staff;
"(2) transmit the plans and recommendations of the Army Staff
to the Secretary and advise the Secretary with regard to such
plans and recommendations;
"(3) after approval of the plans or recommendations of the Army
Staff by the Secretary, act as the agent of the Secretary in
carrying them into effect;
"(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Army as the Secretary determines;
"(5) perform the duties prescribed for him by section 171 of
this title and other provisions of law; and
"(6) perform such other military duties, not otherwise assigned
by law, as are assigned to him by the President, the Secretary of
Defense, or the Secretary of the Army.
"(e)(1) The Chief of Staff shall also perform the duties prescribed
for him as a member of the Joint Chiefs of Staff under section 151 of
this title.
"(2) To the extent that such action does not impair the independence
of the Chief of Staff in the performance of his duties as a member of
the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary
regarding military advice rendered by members of the Joint Chiefs of
Staff on matters affecting the Department of the Army.
"(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Chief of Staff shall keep the Secretary of the
Army fully informed of significant military operations affecting the
duties and responsibilities of the Secretary.".
(d) VICE CHIEF OF STAFF. -- Section 3035 is redesignated as section
3034 and is amended --
(1) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
"(a) There is a Vice Chief of Staff of the Army, appointed by the
President, by and with the advice and consent of the Senate, from the
general officers of the Army.
"(b) The Vice Chief of Staff of the Army, while so serving, has the
grade of general without vacating his permanent grade.";
(2) by adding at the end the following new subsection:
"(d) When there is a vacancy in the office of Chief of Staff or
during the absence or disability of the Chief of Staff --
"(1) the Vice Chief of Staff shall perform the duties of the
Chief of Staff until a successor is appointed or the absence or
disability ceases; or
"(2) if there is a vacancy in the office of the Vice Chief of
Staff or the Vice Chief of Staff is absent or disabled, unless the
President directs otherwise, the most senior officer of the Army
in the Army Staff who is not absent or disabled and who is not
restricted in performance of duty shall perform the duties of the
Chief of Staff until a successor to the Chief of Staff or the Vice
Chief of Staff is appointed or until the absence or disability of
the Chief of Staff or Vice Chief of Staff ceases, whichever occurs
first."; and
(3) by striking out the section heading and inserting in lieu
thereof the following:
(e) DEPUTY CHIEFS OF STAFF. -- Chapter 305 is further amended by
inserting after section 3034 (as redesignated by subsection (d) of this
section) the following new section:
"Section 3035. "10 USC 3035" Deputy Chiefs of Staff and
Assistant Chiefs of Staff
"(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff
shall be general officers detailed to those positions.
"(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of
Staff shall be prescribed by the Secretary, except that --
"(1) there may not be more than five Deputy Chiefs of Staff;
and
"(2) there may not be more than three Assistant Chiefs of
Staff.".
(f) REPEAL OF SECTION FOR PROVOST MARSHAL GENERAL. -- (1) Section
3039 is repealed.
(2) Section 3040 (relating to Deputy and Assistant Chiefs of
Branches) is redesignated as section 3039 and is amended by striking out
"sections 3036 and 3039" in subsection (a) and inserting in lieu thereof
"section 3036".
(3) Section 3081(a) is amended by striking out "section 3040" and
inserting in lieu thereof "section 3039".
(g) TECHNICAL AND CLERICAL AMENDMENTS. -- (1) Section 3038 (as
redesignated by section 501(a)(4) of this Act) is amended by striking
out "services" in subsection (c) and inserting in lieu thereof
"service".
(2) The table of sections at the beginning of chapter 305 is amended
to read as follows:
"Sec.
"3031. The Army Staff: function; composition.
"3032. The Army Staff: general duties.
"3033. Chief of Staff.
"3034. Vice Chief of Staff.
"3035. Deputy Chiefs of Staff and Assistant Chiefs of Staff.
"3036. Chiefs of branches: appointment; duties.
"3037. Judge Advocate General, Assistant Judge Advocate General, and
general officers of Judge Advocate General's Corps: appointment;
duties.
"3038. Office of Army Reserve: appointment of Chief.
"3039. Deputy and assistant chiefs of branches.
"3040. Chief of National Guard Bureau: appointment; acting
chief.".
FORCES, AND ORGANIZATIONS
Section 3074(a) is amended by inserting "or by the Secretary of
Defense" after "by law".
SEC. 511. THE NAVY SECRETARIAT
(a) REPEAL OF SUPERSEDED CHAPTER. -- Chapter 507 "10 USC 5061 et
seq." is repealed.
(b) TRANSFER OF SECTIONS PROVIDING FOR COMPOSITION OF THE DEPARTMENT
OF THE NAVY. -- (1) Part I of subtitle C "10 USC 5001 et seq." is
amended by inserting after chapter 505 the following new chapter 507:
"Sec.
"5061. Department of the Navy: composition.
"5062. United States Navy: composition; functions.
"5063. United States Marine Corps: composition; functions.
composition
"The Department of the Navy is composed of the following:
"(1) The Office of the Secretary of the Navy.
"(2) The Office of the Chief of Naval Operations.
"(3) The Headquarters, Marine Corps.
"(4) The entire operating forces, including naval aviation, of
the Navy and of the Marine Corps, and the reserve components of
those operating forces.
"(5) All field activities, headquarters, forces, bases,
installations, activities, and functions under the control or
supervision of the Secretary of the Navy.
"(6) The Coast Guard when it is operating as a service in the
Navy.".
(2) Section 5011 is amended by striking out the third and fourth
sentences.
(3) Sections 5012 and 5013 are transferred to the end of chapter 507
(as added by paragraph (1)) and redesignated as sections 5062 and 5063,
respectively.
(4) Section 5062 (as so transferred and redesignated) is amended --
(A) by striking out "assigned and is" in subsection (a) and all
that follows in that subsection and inserting in lieu thereof
"assigned and, in accordance with integrated joint mobilization
plans, for the expansion of the peacetime components of the Navy
to meet the needs of war."; and
(B) by striking out subsection (d).
(c) REVISION OF NAVY SECRETARIAT SECTIONS. -- Chapter 503 (as
amended by subsection (b)) is further amended as follows:
(1) The heading of section 5011 is amended to read as follows:
(2) Such chapter is amended by adding after section 5011 the
following new sections:
"The Secretary of the Navy shall have a seal for the Department of
the Navy. The design of the seal must be approved by the President.
Judicial notice shall be taken of the seal.
"(a)(1) There is a Secretary of the Navy, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
The Secretary is the head of the Department of the Navy.
"(2) A person may not be appointed as Secretary of the Navy within 10
years after relief from active duty as a commissioned officer of a
regular component of an armed force.
"(b) Subject to the authority, direction, and control of the
Secretary of Defense and subject to the provisions of chapter 6 of this
title, the Secretary of the Navy is responsible for, and has the
authority necessary to conduct, all affairs of the Department of the
Navy, including the following functions:
"(1) Recruiting.
"(2) Organizing.
"(3) Supplying.
"(4) Equipping (including research and development).
"(5) Training.
"(6) Servicing.
"(7) Mobilizing.
"(8) Demobilizing.
"(9) Administering (including the morale and welfare of
personnel).
"(10) Maintaining.
"(11) The construction, outfitting, and repair of military
equipment.
"(12) The construction, maintenance, and repair of buildings,
structures, and utilities and the acquisition of real property and
interests in real property necessary to carry out the
responsibilities specified in this section.
"(c) Subject to the authority, direction, and control of the
Secretary of Defense, the Secretary of the Navy is also responsible to
the Secretary of Defense for --
"(1) the functioning and efficiency of the Department of the
Navy;
"(2) the formulation of policies and programs by the Department
of the Navy that are fully consistent with national security
objectives and policies established by the President or the
Secretary of Defense;
"(3) the effective and timely implementation of policy,
program, and budget decisions and instructions of the President or
the Secretary of Defense relating to the functions of the
Department of the Navy;
"(4) carrying out the functions of the Department of the Navy
so as to fulfill (to the maximum extent practicable) the current
and future operational requirements of the unified and specified
combatant commands;
"(5) effective cooperation and coordination between the
Department of the Navy and the other military departments and
agencies of the Department of Defense to provide for more
effective, efficient, and economical administration and to
eliminate duplication;
"(6) the presentation and justification of the positions of the
Department of the Navy on the plans, programs, and policies of the
Department of Defense; and
"(7) the effective supervision and control of the intelligence
activities of the Department of the Navy.
"(d) The Secretary of the Navy is also responsible for such other
activities as may be prescribed by law or by the President or Secretary
of Defense.
"(e) After first informing the Secretary of Defense, the Secretary of
the Navy may make such recommendations to Congress relating to the
Department of Defense as he considers appropriate.
"(f) The Secretary of the Navy may assign such of his functions,
powers, and duties as he considers appropriate to the Under Secretary of
the Navy and to the Assistant Secretaries of the Navy. Officers of the
Navy and the Marine Corps shall, as directed by the Secretary, report on
any matter to the Secretary, the Under Secretary, or any Assistant
Secretary.
"(g) The Secretary of the Navy may --
"(1) assign, detail, and prescribe the duties of members of the
Navy and Marine Corps and civilian personnel of the Department of
the Navy;
"(2) change the title of any officer or activity of the
Department of the Navy not prescribed by law; and
"(3) prescribe regulations to carry out his functions, powers,
and duties under this title.".
(3) Section 5032 is transferred to the end of such chapter and
redesignated as section 5013a.
(4) Such chapter is further amended by adding after section
5013a (as transferred and redesignated by paragraph (3)) the
following new sections:
the Navy
"(a) There is in the Department of the Navy an Office of the
Secretary of the Navy. The function of the Office is to assist the
Secretary of the Navy in carrying out his responsibilities.
"(b) The Office of the Secretary of the Navy is composed of the
following:
"(1) The Under Secretary of the Navy.
"(2) The Assistant Secretaries of the Navy.
"(3) The General Counsel of the Department of the Navy.
"(4) The Judge Advocate General of the Navy.
"(5) The Naval Inspector General.
"(6) The Chief of Naval Research.
"(7) Such other offices and officials as may be established by
law or as the Secretary of the Navy may establish or designate.
"(c)(1) The Office of the Secretary of the Navy shall have the sole
responsibility within the Office of the Secretary of the Navy, the
Office of the Chief of Naval Operations, and the Headquarters, Marine
Corps, for the following functions:
"(A) Acquisition.
"(B) Auditing.
"(C) Comptroller (including financial management).
"(D) Information management.
"(E) Inspector General.
"(F) Legislative affairs.
"(G) Public affairs.
"(2) The Secretary of the Navy shall establish or designate a single
office or other entity within the Office of the Secretary of the Navy to
conduct each function specified in paragraph (1). No office or other
entity may be established or designated within the Office of the Chief
of Naval Operations or the Headquarters, Marine Corps, to conduct any of
the functions specified in paragraph (1).
"(3) The Secretary shall --
"(A) prescribe the relationship of each office or other entity
established or designated under paragraph (2) --
"(i) to the Chief of Naval Operations and the Office of the
Chief of Naval Operations; and
"(ii) to the Commandant of the Marine Corps and the
Headquarters, Marine Corps; and
"(B) ensure that each such office or entity provides the Chief
of Naval Operations and the Commandant of the Marine Corps such
staff support as each considers necessary to perform his duties
and responsibilities.
"(4) The vesting in the Office of the Secretary of the Navy of the
responsibility for the conduct of a function specified in paragraph (1)
does not preclude other elements of the executive part of the Department
of the Navy (including the Office of the Chief of Naval Operations and
the Headquarters, Marine Corps) from providing advice or assistance to
the Chief of Naval Operations and the Commandant of the Marine Corps or
otherwise participating in that function within the executive part of
the Department under the direction of the office assigned responsibility
for that function in the Office of the Secretary of the Navy.
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the
Navy shall have sole responsibility within the Office of the Secretary
of the Navy, the Office of the Chief of Naval Operations, and the
Headquarters, Marine Corps, for the function of research and
development.
"(2) The Secretary of the Navy may assign to the Office of the Chief
of Naval Operations and the Headquarters, Marine Corps, responsibility
for those aspects of the function of research and development relating
to military requirements and test and evaluation.
"(3) The Secretary shall establish or designate a single office or
other entity within the Office of the Secretary of the Navy to conduct
the function specified in paragraph (1).
"(4) The Secretary shall --
"(A) prescribe the relationship of the office or other entity
established or designated under paragraph (3) --
"(i) to the Chief of Naval Operations and the Office of the
Chief of Naval Operations; and
"(ii) to the Commandant of the Marine Corps and the
Headquarters, Marine Corps; and
"(B) ensure that each such office or entity provides the Chief
of Naval Operations and the Commandant of the Marine Corps such
staff support as each considers necessary to perform his duties
and responsibilities.
"(e) The Secretary of the Navy shall ensure that the Office of the
Secretary of the Navy, the Office of the Chief of Naval Operations, and
the Headquarters, Marine Corps, do not duplicate specific functions for
which the Secretary has assigned responsibility to another of such
offices.
"(f)(1) The total number of members of the armed forces and civilian
employees of the Department of the Navy assigned or detailed to
permanent duty in the Office of the Secretary of the Navy, the Office of
Chief of Naval Operations, and the Headquarters, Marine Corps, may not
exceed 2,866.
"(2) Not more than 1,720 officers of the Navy and Marine Corps on the
active-duty list may be assigned or detailed to permanent duty in the
Office of the Secretary of the Navy, the Office of the Chief of Naval
Operations, and the Headquarters, Marine Corps.
"(3) The total number of general and flag officers assigned or
detailed to permanent duty in the Office of the Secretary of the Navy,
the Office of the Chief of Naval Operations, and the Headquarters,
Marine Corps, may not exceed the number equal to 85 percent of the
number of general and flag officers assigned or detailed to such duty on
the date of the enactment of this subsection.
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in
time of war or during a national emergency declared by Congress. The
limitation in paragraph (2) does not apply whenever the President
determines that it is in the national interest to increase the number of
officers assigned or detailed to permanent duty in the Office of the
Secretary of the Navy, the Office of the Chief of Naval Operations, or
the Headquarters, Marine Corps.
"(5) The limitations in paragraphs (1), (2), and (3) do not apply
before October 1, 1988.
"(a) There is an Under Secretary of the Navy, appointed from civilian
life by the President, by and with the advice and consent of the Senate.
"(b) The Under Secretary shall perform such duties and exercise such
powers as the Secretary of the Navy may prescribe.
"(a) There are four Assistant Secretaries of the Navy. They shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
"(b)(1) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of the Navy may prescribe.
"(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Navy for Manpower and Reserve Affairs. He shall have
as his principal duty the overall supervision of manpower and reserve
component affairs of the Department of the Navy.
duties
"If the Secretary of the Navy dies, resigns, is removed from office,
is absent, or is disabled, the person who is highest on the following
list, and who is not absent or disabled, shall perform the duties of the
Secretary until the President, under section 3347 of title 5, directs
another person to perform those duties or until the absence or
disability ceases:
"(1) The Under Secretary of the Navy.
"(2) The Assistant Secretaries of the Navy, in the order
prescribed by the Secretary of the Navy and approved by the
Secretary of Defense.
"(3) The Chief of Naval Operations.
"(4) The Commandant of the Marine Corps.
"The Secretary of the Navy may appoint an Administrative Assistant in
the Office of the Secretary of the Navy. The Administrative Assistant
shall perform such duties as the Secretary may prescribe.
"(a) There is a General Counsel of the Department of the Navy,
appointed from civilian life by the President.
"(b) The General Counsel shall perform such functions as the
Secretary of the Navy may prescribe.".
(5) Section 5088 is transferred to the end of such chapter (as
amended by paragraph (4)), redesignated as section 5020, and
amended --
(A) by striking out "Office of the Chief of Naval Operations"
in subsection (a) and inserting in lieu thereof "Office of the
Secretary of the Navy";
(B) by redesignating subsection (c) as subsection (d) and
striking out "the Chief of Naval Operations" in such subsection
and inserting in lieu thereof "the Secretary of the Navy"; and
(C) by inserting after subsection (b) the following new
subsection (c):
"(c) The Naval Inspector General shall cooperate fully with the
Inspector General of the Department of Defense in connection with the
performance of any duty or function by the Inspector General of the
Department of Defense under the Inspector General Act of 1978 (5 U.S.C.
App. 3) regarding the Department of the Navy."
(d) TRANSFERS FROM CHAPTER 513. -- Sections 5150, 5151, 5152, and
5153 "10 USC 5131 et seq." are transferred to the end of chapter 503 (as
amended by subsection (c)) and redesignated as sections 5021, 5022,
5023, and 5024, respectively.
(e) REPEAL OF SUPERSEDED CHAPTER. -- Chapter 505 "10 USC 5031 et
seq." is repealed.
(f) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 503 is amended to read as follows:
"Sec.
"5011. Organization.
"5012. Department of the Navy: seal.
"5013. Secretary of the Navy.
"5013a. Secretary of the Navy: powers with respect to Coast Guard.
"5014. Office of the Secretary of the Navy.
"5015. Under Secretary of the Navy.
"5016. Assistant Secretaries of the Navy.
"5017. Secretary of the Navy: successors to duties.
"5018. Administrative Assistant.
"5019. General Counsel.
"5020. Naval Inspector General: detail; duties.
"5021. Office of Naval Research: Chief; appointment, term,
emoluments; Assistant Chief; succession to duties.
"5022. Office of Naval Research: duties.
"5023. Office of Naval Research: appropriations; time limit.
"5024. Naval Research Advisory Committee.".
(a) REPEAL OF FORMER CHAPTER ON OFFICE OF CNO. -- Chapter 509 "10
USC 5081 et seq." is repealed.
(b) NEW CHAPTER ON OFFICE OF CNO. -- Part I of subtitle C is amended
by inserting after chapter 503 the following new chapter 505:
"Sec.
"5031. Office of the Chief of Naval Operations: function;
composition.
"5032. Office of the Chief of Naval Operations: general duties.
"5033. Chief of Naval Operations.
"5034. Chief of Naval Operations: retirement.
"5035. Vice Chief of Naval Operations.
"5036. Deputy Chiefs of Naval Operations.
"5037. Assistant Chiefs of Naval Operations
"(a) There is in the executive part of the Department of the Navy an
Office of the Chief of Naval Operations. The function of the Office of
the Chief of Naval Operations is to assist the Secretary of the Navy in
carrying out his responsibilities.
"(b) The Office of the Chief of Naval Operations is composed of the
following:
"(1) The Chief of Naval Operations.
"(2) The Vice Chief of Naval Operations.
"(3) The Deputy Chiefs of Naval Operations.
"(4) The Assistant Chiefs of Naval Operations.
"(5) The Surgeon General of the Navy.
"(6) The Chief of Naval Personnel.
"(7) The Chief of Chaplains of the Navy.
"(8) Other members of the Navy and Marine Corps assigned or
detailed to the Office of the Chief of Naval Operations.
"(9) Civilian employees in the Department of the Navy assigned
or detailed to the Office of the Chief of Naval Operations.
"(c) Except as otherwise specifically prescribed by law, the Office
of the Chief of Naval Operations shall be organized in such manner, and
its members shall perform such duties and have such titles, as the
Secretary may prescribe.
Operations: general duties
"(a) The Office of the Chief of Naval Operations shall furnish
professional assistance to the Secretary, the Under Secretary, and the
Assistant Secretaries of the Navy and to the Chief of Naval Operations.
"(b) Under the authority, direction, and control of the Secretary of
the Navy, the Office of the Chief of Naval Operations shall --
"(1) subject to subsections (c) and (d) of section 5014 of this
title, prepare for such employment of the Navy, and for such
recruiting, organizing, supplying, equipping (including those
aspects of research and development assigned by the Secretary of
the Navy), training, servicing, mobilizing, demobilizing,
administering, and maintaining of the Navy, as will assist in the
execution of any power, duty, or function of the Secretary or the
Chief of Naval Operations;
"(2) investigate and report upon the efficiency of the Navy and
its preparation to support military operations by combatant
commands;
"(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans and
instructions;
"(4) as directed by the Secretary or the Chief of Naval
Operations, coordinate the action of organizations of the Navy;
and
"(5) perform such other duties, not otherwise assigned by law,
as may be prescribed by the Secretary.
"(a)(1) There is a Chief of Naval Operations, appointed by the
President, by and with the advice and consent of the Senate. The Chief
of Naval Operations shall be appointed for a term of four years, from
officers on the active-duty list in the line of the Navy who are
eligible to command at sea and who hold the grade of rear admiral or
above. He serves at the pleasure of the President. In time of war or
during a national emergency declared by Congress, he may be reappointed
for a term of not more than four years.
"(2) The President may appoint an officer as the Chief of Naval
Operations only if --
"(A) the officer has had significant experience in joint duty
assignments; and
"(B) such experience includes at least one joint duty
assignment as a flag officer.
"(3) The President may waive paragraph (2) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(b) The Chief of Naval Operations, while so serving, has the grade
of admiral without vacating his permanent grade. In the performance of
his duties within the Department of the Navy, the Chief of Naval
Operations takes precedence above all other officers of the naval
service.
"(c) Except as otherwise prescribed by law and subject to section
5013(f) of this title, the Chief of Naval Operations performs his duties
under the authority, direction, and control of the Secretary of the Navy
and is directly responsible to the Secretary.
"(d) Subject to the authority, direction, and control of the
Secretary of the Navy, the Chief of Naval Operations shall --
"(1) preside over the Office of the Chief of Naval Operations;
"(2) transmit the plans and recommendations of the Office of
the Chief of Naval Operations to the Secretary and advise the
Secretary with regard to such plans and recommendations;
"(3) after approval of the plans or recommendations of the
Office of the Chief of Naval Operations by the Secretary, act as
the agent of the Secretary in carrying them into effect;
"(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Navy and the Marine Corps as the Secretary
determines;
"(5) perform the duties prescribed for him by section 171 of
this title "10 USC 171" and other provisions of law; and
"(6) perform such other military duties, not otherwise assigned
by law, as are assigned to him by the President, the Secretary of
Defense, or the Secretary of the Navy.
"(e)(1) The Chief of Naval Operations shall also perform the duties
prescribed for him as a member of the Joint Chiefs of Staff under
section 151 of this title.
"(2) To the extent that such action does not impair the independence
of the Chief of Naval Operations in the performance of his duties as a
member of the Joint Chiefs of Staff, the Chief of Naval Operations shall
inform the Secretary regarding military advice rendered by members of
the Joint Chiefs of Staff on matters affecting the Department of the
Navy.
"(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Chief of Naval Operations shall keep the
Secretary of the Navy fully informed of significant military operations
affecting the duties and responsibilities of the Secretary.
"An officer who is retired while serving as Chief of Naval
Operations, or who, after serving at least two and one-half years as
Chief of Naval Operations, is retired after completion of that service
while serving in a lower grade than admiral, may, in the discretion of
the President, be retired with the grade of admiral.
"(a) There is a Vice Chief of Naval Operations, appointed by the
President, by and with the advice and consent of the Senate, from
officers on the active-duty list in the line of the Navy serving in
grades above captain and eligible to command at sea.
"(b) The Vice Chief of Naval Operations, while so serving, has the
grade of admiral without vacating his permanent grade.
"(c) The Vice Chief of Naval Operations has such authority and duties
with respect to the Department of the Navy as the Chief of Naval
Operations, with the approval of the Secretary of the Navy, may delegate
to or prescribe for him. Orders issued by the Vice Chief of Naval
Operations in performing such duties have the same effect as those
issued by the Chief of Naval Operations.
"(d) When there is a vacancy in the office of Chief of Naval
Operations or during the absence or disability of the Chief of Naval
Operations --
"(1) the Vice Chief of Naval Operations shall perform the
duties of the Chief of Naval Operations until a successor is
appointed or the absence or disability ceases; or
"(2) if there is a vacancy in the office of the Vice Chief of
Naval Operations or the Vice Chief of Naval Operations is absent
or disabled, unless the President directs otherwise, the most
senior officer of the Navy in the Office of the Chief of Naval
Operations who is not absent ot disabled and who is not restricted
in performance of duty shall perform the duties of the Chief of
Naval Operations until a successor to the Chief of Naval
Operations or the Vice Chief of Naval Operations is appointed or
until the absence or disability of the Chief of Naval Operations
or Vice Chief of Naval Operations ceases, whichever occurs first.
"(a) There are in the Office of the Chief of Naval Operations not
more than five Deputy Chiefs of Naval Operations, detailed by the
Secretary of the Navy from officers on the active-duty list in the line
of the Navy serving in grades above captain.
"(b) The Dputy Chiefs of Naval Operations are charged, under the
direction of the Chief of Naval Operations, with the execution of the
functions of their respective divisions. Orders issued by the Deputy
Chiefs of Naval Operations in performing the duties assigned them are
considered as coming from the Chief of Naval Operations.
"(a) There are in the Office of the Chief of Naval Operations not
more than three Assistant Chiefs of Naval Operations, detailed by the
Secretary of the Navy from officers on the active-duty list in the line
of the Navy and officers on the active-duty list of the Marine Corps.
"(b) The Assistant Chiefs of Naval Operations shall perform such
duties as the Secretary of the Navy prescribes.".
(a) REPEAL OF FORMER CHAPTER ON HEADQUARTERS, MARINE CORPS. --
Chapter 515 "10 USC 5201 et seq." is repealed.
(b) NEW CHAPTER. -- Part I of subtitle C is amended by inserting
after chapter 505 (as added by section 512 of this Act) the following
new chapter:
"Sec.
"5041. Headquarters, Marine Corps: function; composition.
"5042. Headquarters, Marine Corps: general duties.
"5043. Commandant of the Marine Corps.
"5044. Assistant Commandant of the Marine Corps.
"5045. Chief of Staff; Deputy and Assistant Chiefs of Staff.
function; composition
"(a) There is in the executive part of the Department of the Navy a
Headquarters, Marine Corps. The function of the Headquarters, Marine
Corps, is to assist the Secretary of the Navy in carrying out his
responsibilities.
"(b) The Headquarters, Marine Corps, is composed of the following:
"(1) The Commandant of the Marine Corps.
"(2) The Assistant Commandant of the Marine Corps.
"(3) The Chief of Staff of the Marine Corps.
"(4) The Deputy Chiefs of Staff.
"(5) The Assistant Chiefs of Staff.
"(6) Other members of the Navy and Marine Corps assigned or
detailed to the Headquarters, Marine Corps.
"(7) Civilian employees in the Department of the Navy assigned
or detailed to the Headquarters, Marine Corps.
"(c) Except as otherwise specifically prescribed by law, the
Headquarters, Marine Corps, shall be organized in such manner, and its
members shall perform such duties and have such titles, as the Secretary
may prescribe.
"(a) The Headquarters, Marine Corps, shall furnish professional
assistance to the Secretary, the Under Secretary, and the Assistant
Secretaries of the Navy and to the Commandant of the Marine Corps.
"(b) Under the authority, direction, and control of the Secretary of
the Navy, the Headquarters, Marine Corps, shall --
"(1) subject to subsections (c) and (d) of section 5014 of this
title, prepare for such employment of the Marine Corps, and for
such recruiting, organizing, supplying, equipping (including
research and development), training, servicing, mobilizing,
demobilizing, administering, and maintaining of the Marine Corps,
as will assist in the execution of any power, duty, or function of
the Secretary or the Commandant;
"(2) investigate and report upon the efficiency of the Marine
Corps and its preparation to support military operations by
combatant commanders;
"(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans and
instructions;
"(4) as directed by the Secretary or the Commandant, coordinate
the action of organizations of the Marine Corps; and
"(5) perform such other duties, not otherwise assigned by law,
as may be prescribed by the Secretary.
"(a)(1) There is a Commandant of the Marine Corps, appointed by the
President, by and with the advice and consent of the Senate. The
Commandant shall be appointed for a term of four years from officers on
the active-duty list of the Marine Corps not below the grade of colonel.
He serves at the pleasure of the President. In time of war or during a
national emergency declared by Congress, he may be reappointed for a
term of not more than four years.
"(2) The President may appoint an officer as Commandant of the Marine
Corps only if --
"(A) the officer has had significant experience in joint duty
assignments; and
"(B) such experience includes at least one joint duty
assignment as a general officer.
"(3) The President may waive paragraph (2) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(b) The Commandant of the Marine Corps, while so serving, has the
grade of general without vacating his permanent grade.
"(c) An officer who is retired while serving as Commandant of the
Marine Corps, or who, after serving at least two and one-half years as
Commandant, is retired after completion of that service while serving in
a lower grade than general, may, in the discretion of the President, be
retired with the grade of general.
"(d) Except as otherwise prescribed by law and subject to section
5013(f) of this title, the Commandant performs his duties under the
authority, direction, and control of the Secretary of the Navy and is
directly responsible to the Secretary.
"(e) Subject to the authority, direction, and control of the
Secretary of the Navy, the Commandant shall --
"(1) preside over the Headquarters, Marine Corps;
"(2) transmit the plans and recommendations of the
Headquarters, Marine Corps, to the Secretary and advise the
Secretary with regard to such plans and recommendations;
"(3) after approval of the plans or recommendations of the
Headquarters, Marine Corps, by the Secretary, act as the agent of
the Secretary in carrying them into effect;
"(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Marine Corps and the Navy as the Secretary
determines;
"(5) perform the duties prescribed for him by section 171 of
this title and other provisions of law; and
"(6) perform such other military duties, not otherwise assigned
by law, as are assigned to him by the President, the Secretary of
Defense, or the Secretary of the Navy.
"(f)(1) The Commandant shall also perform the duties prescribed for
him as a member of the Joint Chiefs of Staff under section 151 of this
title.
"(2) To the extent that such action does not impair the independence
of the Commandant in the performance of his duties as a member of the
Joint Chiefs of Staff, the Commandant shall inform the Secretary
regarding military advice rendered by members of the Joint Chiefs of
Staff on matters affecting the Department of the Navy.
"(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Commandant shall keep the Secretary of the
Navy fully informed of significant military operations affecting the
duties and responsibilities of the Secretary.
Marine Corps
"(a) There is an Assistant Commandant of the Marine Corps, appointed
by the President, by and with the advice and consent of the Senate, from
officers on the active-duty list of the Marine Corps not restricted in
the performance of duty.
"(b) The Assistant Commandant of the Marine Corps, while so serving,
has the grade of general without vacating his permanent grade.
"(c) The Assistant Commandant has such authority and duties with
respect to the Marine Corps as the Commandant, with the approval of the
Secretary of the Navy, may delegate to or prescribe for him. Orders
issued by the Assistant Commandant in performing such duties have the
same effect as those issued by the Commandant.
"(d) When there is a vacancy in the office of Commandant of the
Marine Corps, or during the absence or disability of the Commandant --
"(1) the Assistant Commandant of the Marine Corps shall perform
the duties of the Commandant until a successor is appointed or the
absence or disability ceases; or
"(2) if there is a vacancy in the office of the Assistant
Commandant of the Marine Corps or the Assistant Commandant is
absent or disabled, unless the President directs otherwise, the
most senior officer of the Marine Corps in the Headquarters,
Marine Corps, who is not absent or disabled and who is not
restricted in performance of duty shall perform the duties of the
Commandant until a successor to the Commandant or the Assistant
Commandant is appointed or until the absence or disability of the
Commandant or Assistant Commandant ceases, whichever occurs first.
Chiefs
of Staff
"There are in the Headquarters, Marine Corps, a Chief of Staff, not
more than five Deputy Chiefs of Staff, and not more than three Assistant
Chiefs of Staff, detailed by the Secretary of the Navy from officers on
the active-duty list of the Marine Corps.".
(a) CONFORMING AMENDMENTS TO CHAPTER 513. -- (1) The heading of
chapter 513 is amended to read as follows:
GENERAL".
(2) Section 5155 is redesignated as section 5150.
(3) The table of sections at the beginning of such chapter is amended
--
(A) by striking out the items relating to sections 5150, 5151,
5152, and 5153; and
(B) by redesignating the item relating to section 5155 to
conform to the redesignation made by paragraph (2).
(b) TECHNICAL AMENDMENTS TO CHAPTER 661. "10 USC 7861 et seq. --
Chapter 661 is amended --
(1) by redesignating sections 7861 and 7862 as sections 7862
and 7863, respectively; and
(2) by striking out the table of sections at the beginning of
such chapter and inserting in lieu thereof the following:
"Sec.
"7861. Custody of departmental records and property.
"7862. Accounts of paymasters of lost or captured naval vessels.
"7863. Disbursements by order of commanding officer.
records and property
"The Secretary of the Navy has custody and charge of all books,
records, papers, furniture, fixtures, and other property under the
lawful control of the executive part of the Department of the Navy.".
(c) CROSS-REFERENCE AMENDMENTS. -- (1) Section 125(b) is amended by
striking out "5012, 5013" and inserting in lieu thereof "5062, 5063".
(2) Section 5023 (as redesignated by section 511(d) of this Act) is
amended by striking out "section 5151" in subsection (a) and inserting
in lieu thereof "section 5022".
(3) Sections 5589(a) and 6027 are amended by striking out "section
5155(b)" and inserting in lieu thereof "section 5150(b)".
(d) CLERICAL AMENDMENTS. -- (1) The tables of chapters at the
beginning of subtitle C, and at the beginning of part I of such
subtitle, are each amended by striking out the items relating to
chapters 505, 507, 509, 513, and 515 and inserting in lieu thereof the
following:
"505. Office of the Chief of Naval Operations .......... 5031
"506. Headquarters, Marine Corps ....................... 5041
"507. Composition of the Department of the Navy ........ 5061
"513. Bureaus; Office of the Judge Advocate General..... 5131".
(2) Subsection (c) of section 5024 (as redesignated by section 511(
d) of this Act) is amended by striking out "claim proceeding" and
inserting in lieu thereof "claim, proceeding,".
(a) AMENDMENTS TO CHAPTER 803. "10 USC 8010 et seq." (1) Sections
8010, 8011, 8012, 8013, and 8014 are redesignated as sections 8011,
8012, 8013, 8014, and 8015, respectively.
(2) Section 8019 "10 USC 8031 et seq." is transferred to the end of
chapter 805 and is redesignated as section 8038.
(3) Chapter 803 is amended by striking out sections 8013, 8014, and
8015 (as redesignated by paragraph (1)) and inserting in lieu thereof
the following:
"(a)(1) There is a Secretary of the Air Force, appointed from
civilian life by the President, by and with the advice and consent of
the Senate. The Secretary is the head of the Department of the Air
Force.
"(2) A person may not be appointed as Secretary of the Air Force
within 10 years after relief from active duty as a commissioned officer
of a regular component of an armed force.
"(b) Subject to the authority, direction, and control of the
Secretary of Defense and subject to the provisions of chapter 6 of this
title, the Secretary of the Air Force is responsible for, and has the
authority necessary to conduct, all affairs of the Department of the Air
Force, including the following functions:
"(1) Recruiting.
"(2) Organizing.
"(3) Supplying.
"(4) Equipping (including research and development).
"(5) Training.
"(6) Servicing.
"(7) Mobilizing.
"(8) Demobilizing.
"(9) Administering (including the morale and welfare of
personnel).
"(10) Maintaining.
"(11) The construction, outfitting, and repair of military
equipment.
"(12) The construction, maintenance, and repair of buildings,
structures, and utilities and the acquisition of real property and
interests in real property necessary to carry out the
responsibilities specified in this section.
"(c) Subject to the authority, direction, and control of the
Secretary of Defense, the Secretary of the Air Force is also responsible
to the Secretary of Defense for --
"(1) the functioning and efficiency of the Department of the
Air Force;
"(2) the formulation of policies and programs by the Department
of the Air Force that are fully consistent with national security
objectives and policies established by the President or the
Secretary of Defense;
"(3) the effective and timely implementation of policy,
program, and budget decisions and instructions of the President or
the Secretary of Defense relating to the functions of the
Department of the Air Force;
"(4) carrying out the functions of the Department of the Air
Force so as to fulfill (to the maximum extent practicable) the
current and future operational requirements of the unified and
specified combatant commands;
"(5) effective cooperation and coordination between the
Department of the Air Force and the other military departments and
agencies of the Department of Defense to provide for more
effective, efficient, and economical administration and to
eliminate duplication;
"(6) the presentation and justification of the positions of the
Department of the Air Force on the plans, programs, and policies
of the Department of Defense; and
"(7) the effective supervision and control of the intelligence
activities of the Department of the Air Force.
"(d) The Secretary of the Air Force is also responsible for such
other activities as may be prescribed by law or by the President or
Secretary of Defense.
"(e) After first informing the Secretary of Defense, the Secretary of
the Air Force may make such recommendations to Congress relating to the
Department of Defense as he considers appropriate.
"(f) The Secretary of the Air Force may assign such of his functions,
powers, and duties as he considers appropriate to the Under Secretary of
the Air Force and to the Assistant Secretaries of the Air Force.
Officers of the Air Force shall, as directed by the Secretary, report on
any matter to the Secretary, the Under Secretary, or any Assistant
Secretary.
"(g) The Secretary of the Air Force may --
"(1) assign, detail, and prescribe the duties of members of the
Air Force and civilian personnel of the Department of the Air
Force;
"(2) change the title of any officer or activity of the
Department of the Air Force not prescribed by law; and
"(3) prescribe regulations to carry out his functions, powers,
and duties under this title.
the Air Force
"(a) There is in the Department of the Air Force an Office of the
Secretary of the Air Force. The function of the Office is to assist the
Secretary of the Air Force in carrying out his responsibilities.
"(b) The Office of the Secretary of the Air Force is composed of the
following:
"(1) The Under Secretary of the Air Force.
"(2) The Assistant Secretaries of the Air Force.
"(3) The General Counsel of the Department of the Air Force.
"(4) The Inspector General of the Air Force.
"(5) The Air Reserve Forces Policy Committee.
"(6) Such other offices and officials as may be established by
law or as the Secretary of the Air Force may establish or
designate.
"(c)(1) The Office of the Secretary of the Air Force shall have sole
responsibility within the Office of the Secretary and the Air Staff for
the following functions:
"(A) Acquisition.
"(B) Auditing.
"(C) Comptroller (including financial management).
"(D) Information management.
"(E) Inspector General.
"(F) Legislative affairs.
"(G) Public affairs.
"(2) The Secretary of the Air Force shall establish or designate a
single office or other entity within the Office of the Secretary of the
Air Force to conduct each function specified in paragraph (1). No
office or other entity may be established or designated within the Air
Staff to conduct any of the functions specified in paragraph (1).
"(3) The Secretary shall prescribe the relationship of each office or
other entity established or designated under paragraph (2) to the Chief
of Staff and to the Air Staff and shall ensure that each such office or
entity provides the Chief of Staff such staff support as the Chief of
Staff considers necessary to perform his duties and responsibilities.
"(4) The vesting in the Office of the Secretary of the Air Force of
the responsibility for the conduct of a function specified in paragraph
(1) does not preclude other elements of the executive part of the
Department of the Air Force (including the Air Staff) from providing
advice or assistance to the Chief of Staff or otherwise participating in
that function within the executive part of the Department under the
direction of the office assigned responsibility for that function in the
Office of the Secretary of the Air Force.
"(d)(1) Subject to paragraph (2), the Office of the Secretary of the
Air Force shall have sole responsibility within the Office of the
Secretary and the Air Staff for the function of research and
development.
"(2) The Secretary of the Air Force may assign to the Air Staff
responsibility for those aspects of the function of research and
development that relate to military requirements and test and
evaluation.
"(3) The Secretary shall establish or designate a single office or
other entity within the Office of the Secretary of the Air Force to
conduct the function specified in paragraph (1).
"(4) The Secretary shall prescribe the relationship of the office or
other entity established or designated under paragraph (3) to the Chief
of Staff of the Air Force and to the Air Staff and shall ensure that
each such office or entity provides the Chief of Staff such staff
support as the Chief of Staff considers necessary to perform his duties
and responsibilities.
"(e) The Secretary of the Air Force shall ensure that the Office of
the Secretary of the Air Force and the Air Staff do not duplicate
specific functions for which the Secretary has assigned responsibility
to the other.
"(f)(1) The total number of members of the armed forces and civilian
employees of the Department of the Air Force assigned or detailed to
permanent duty in the Office of the Secretary of the Air Force and on
the Air Staff may not exceed 2,639.
"(2) Not more than 1,585 officers of the Air Force on the active-duty
list may be assigned or detailed to permanent duty in the Office of the
Secretary of the Air Force and on the Air Staff.
"(3) The total number of general officers assigned or detailed to
permanent duty in the Office of the Secretary of the Air Force and on
the Air Staff may not exceed the number equal to 85 percent of the
number of general officers assigned or detailed to such duty on the date
of the enactment of this subsection.
"(4) The limitations in paragraphs (1), (2), and (3) do not apply in
time of war or during a national emergency declared by Congress. The
limitation in paragraph (2) does not apply whenever the President
determines that it is in the national interest to increase the number of
officers assigned or detailed to permanent duty in the Office of the
Secretary of the Air Force or on the Air Staff.
"(5) The limitations in paragraphs (1), (2), and (3) do not apply
before October 1, 1988.
Force
"(a) There is an Under Secretary of the Air Force, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
"(b) The Under Secretary shall perform such duties and exercise such
powers as the Secretary of the Air Force may prescribe.
"(a) There are three Assistant Secretaries of the Air Force. They
shall be appointed from civilian life by the President, by and with the
advice and consent of the Senate.
"(b)(1) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of the Air Force may prescribe.
"(2) One of the Assistant Secretaries shall be the Assistant
Secretary of the Air Force for Manpower and Reserve Affairs. He shall
have as his principal duty the overall supervision of manpower and
reserve component affairs of the Department of the Air Force.".
(4) Section 8017 is amended --
(A) by striking out "(a)" at the beginning of the text of such
section;
(B) by striking out clause (2) and inserting in lieu thereof
the following:
"(2) The Assistant Secretaries of the Air Force, in the order
prescribed by the Secretary of the Air Force and approved by the
Secretary of Defense."; and
(C) by striking out subsection (b).
(5) Chapter 803 is further amended by adding at the end the following
new sections:
"The Secretary of the Air Force may appoint an Administrative
Assistant in the Office of the Secretary of the Air Force. The
Administrative Assistant shall perform such duties as the Secretary may
prescribe.
"(a) There is a General Counsel of the Department of the Air Force,
appointed from civilian life by the President.
"(b) The General Counsel shall perform such functions as the
Secretary of the Air Force may prescribe.
"(a) There is an Inspector General of the Air Force who shall be
detailed to such position by the Secretary of the Air Force from the
general officers of the Air Force. An officer may not be detailed to
such position for a tour of duty of more than four years, except that
the Secretary may extend such a tour of duty if he makes a special
finding that the extension is necessary in the public interest.
"(b) When directed by the Secretary or the Chief of Staff, the
Inspector General shall --
"(1) inquire into and report upon the discipline, efficiency,
and economy of the Air Force; and
"(2) perform any other duties prescribed by the Secretary or
the Chief of Staff.
"(c) The Inspector General shall periodically propose programs of
inspections to the Secretary of the Air Force and shall recommend
additional inspections and investigations as may appear appropriate.
"(d) The Inspector General shall cooperate fully with the Inspector
General of the Department of Defense in connection with the performance
of any duty or function by the Inspector General of the Department of
Defense under the Inspector General Act of 1978 (5 U.S.C. App. 3)
regarding the Department of the Air Force.
"(e) The Inspector General shall have such deputies and assistants as
the Secretary of the Air Force may prescribe. Each such deputy and
assistant shall be an officer detailed by the Secretary to that position
from the officers of the Air Force for a tour of duty of not more than
four years, under a procedure prescribed by the Secretary.".
(6) Section 8033 is transferred to the end of chapter 803 (as amended
by paragraph (5)), redesignated as section 8021, and amended --
(A) in subsection (a) --
(i) by striking out "Policy which" and inserting in lieu
thereof "Policy. The Committee";
(ii) by inserting "and the mobilization preparedness" and
"reserve components";
(iii) by striking out "Air Force and the" and inserting in lieu
thereof "Air Force. The"; and
(iv) by striking out "Chief of Staff, and the Assistant
Secretary responsible for reserve affairs" and inserting in lieu
thereof "Secretary of the Air Force and the Chief of Staff";
(B) in subsection (b), by inserting "and" after the semicolon
in clause (2); and
(C) by striking out the section heading and inserting in lieu
thereof the following:
Policy Committee".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 803 is amended to read as follows:
"Sec.
"8011. Organization.
"8012. Department of the Air Force: seal.
"8013. Secretary of the Air Force.
"8014. Office of the Secretary of the Air Force.
"8015. Under Secretary of the Air Force.
"8016. Assistant Secretaries of the Air Force.
"8017. Secretary of the Air Force: successors to duties.
"8018. Administrative Assistant.
"8019. General Counsel.
"8020. Inspector General.
"8021. Air Force Reserve Forces Policy Committee.".
(a) COMPOSITION OF THE AIR STAFF. -- Section 8031 is amended to read
as follows:
"(a) There is in the executive part of the Department of the Air
Force an Air Staff. The function of the Air Staff is to assist the
Secretary of the Air Force in carrying out his responsibilities.
"(b) The Air Staff is composed of the following:
"(1) The Chief of Staff.
"(2) The Vice Chief of Staff.
"(3) The Deputy Chiefs of Staff.
"(4) The Assistant Chiefs of Staff.
"(5) The Surgeon General of the Air Force.
"(6) The Judge Advocate General of the Air Force.
"(7) The Chief of the Air Force Reserve.
"(8) Other members of the Air Force assigned or detailed to the
Air Staff.
"(9) Civilian employees in the Department of the Air Force
assigned or detailed to the Air Staff.
"(c) Except as otherwise specifically prescribed by law, the Air
Staff shall be organized in such manner, and its members shall perform
such duties and have such titles, as the Secretary may prescribe.".
(b) GENERAL DUTIES. -- (1) Subsection (a) of section 8032 is amended
by inserting "of the Air Force" after "chief of Staff".
(2) Subsection (b) of such section is amended --
(A) by striking out "The Air Staff" in the matter preceding
clause (1) and inserting in lieu thereof "Under the authority,
direction, and control of the Secretary of the Air Force, the Air
Staff";
(B) by inserting "subject to subsections (c) and (d) of section
8014 of this title," before "prepare" in clause (1);
(C) by striking out ", training, serving, mobilizing, and
demobilizing" in clause (1) and inserting in lieu thereof
"(including those aspects of research and development assigned by
the Secretary of the Air Force), training, servicing, mobilizing,
demobilizing, administering, and maintaining";
(D) by striking out "for military operations" in clause (2) and
inserting in lieu thereof "to support military operations by
combatant commands"; and
(E) by striking out clause (4) and inserting in lieu thereof
the following:
"(4) as directed by the Secretary or the Chief of Staff,
coordinate the action of organizations of the Air Force; and".
(3) The heading of such section is amended to read as follows:
duties".
(c) CHIEF OF STAFF. -- Section 8034 is redesignated as section 8033
and is amended to read as follows:
"(a)(1) There is a Chief of Staff of the Air Force, appointed for a
period of four years by the President, by and with the advice and
consent of the Senate, from the general officers of the Air Force. He
serves at the pleasure of the President. In time of war or during a
national emergency declared by Congress, he may be reappointed for a
term of not more than four years.
"(2) The President may appoint an officer as Chief of Staff only if
--
"(A) the officer has had significant experience in joint duty
assignments; and
"(B) such experience includes at least one joint duty
assignment as a general officer.
"(3) The President may waive paragraph (2) in the case of an officer
if the President determines such action is necessary in the national
interest.
"(b) The Chief of Staff, while so serving, has the grade of general
without vacating his permanent grade.
"(c) Except as otherwise prescribed by law and subject to section
8013(f) of this title, the Chief of Staff performs his duties under the
authority, direction, and control of the Secretary of the Air Force and
is directly responsible to the Secretary.
"(d) Subject to the authority, direction, and control of the
Secretary of the Air Force, the Chief of Staff shall --
"(1) preside over the Air Staff;
"(2) transmit the plans and recommendations of the Air Staff to
the Secretary and advise the Secretary with regard to such plans
and recommendations;
"(3) after approval of the plans or recommendations of the Air
Staff by the Secretary, act as the agent of the Secretary in
carrying them into effect;
"(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Air Force as the Secretary determines;
"(5) perform the duties prescribed for him by section 171 of
this title and other provisions of law; and
"(6) perform such other military duties, not otherwise assigned
by law, as are assigned to him by the President, the Secretary of
Defense, or the Secretary of the Air Force.
"(e)(1) The Chief of Staff shall also perform the duties prescribed
for him as a member of the Joint Chiefs of Staff under section 151 of
this title.
"(2) To the extent that such action does not impair the independence
of the Chief of Staff in the performance of his duties as a member of
the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary
regarding military advice rendered by members of the Joint Chiefs of
Staff on matters affecting the Department of the Air Force.
"(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Chief of Staff shall keep the Secretary of the
Air Force fully informed of significant military operations affecting
the duties and responsibilities of the Secretary.".
(d) VICE CHIEF OF STAFF. -- Section 8035 is redesignated as section
8034 and is amended --
(1) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
"(a) There is a Vice Chief of Staff of the Air Force, appointed by
the President, by and with the advice and consent of the Senate, from
the general officers of the Air Force.
"(b) The Vice Chief of Staff of the Air Force, while so serving, has
the grade of general without vacating his permanent grade.";
(2) by striking out subsection (c);
(3) by redesignating subsection (d) as subsection (c);
(4) by adding at the end the following new subsection:
"(d) When there is a vacancy in the office of Chief of Staff or
during the absence or disability of the Chief of Staff --
"(1) the Vice Chief of Staff shall perform the duties of the
Chief of Staff until a successor is appointed or the absence or
disability ceases; or
"(2) if there is a vacancy in the office of the Vice Chief of
Staff or the Vice Chief of Staff is absent or disabled, unless the
President directs otherwise, the most senior officer of the Air
Force in the Air Staff who is not absent or disabled and who is
not restricted in performance of duty shall perform the duties of
the Chief of Staff until a successor to the Chief of Staff or the
Vice Chief of Staff is appointed or until the absence or
disability of the Chief of Staff or Vice Chief of Staff ceases,
whichever occurs first."; and
(5) by striking out the section heading and inserting in lieu
thereof the following:
(e) DEPUTY CHIEFS OF STAFF. -- Chapter 805 is further amended by
inserting after section 8034 (as redesignated by subsection (d) of this
section) the following new section:
of Staff
"(a) The Deputy Chiefs of Staff and the Assistant Chiefs of Staff
shall be general officers detailed to those positions.
"(b) The number of Deputy Chiefs of Staff and Assistant Chiefs of
Staff shall be prescribed by the Secretary, except that --
"(1) there may not be more than five Deputy Chiefs of Staff;
and
"(2) there may not be more than three Assistant Chiefs of
Staff.".
(f) JUDGE ADVOCATE GENERAL; DEPUTY JUDGE ADVOCATE GENERAL. --
Section 8072 is transferred to chapter 805, inserted after section 8036,
and redesignated as section 8037.
(g) CLERICAL AMENDMENTS. -- (1) The table of sections at the
beginning of chapter 805 is amended to read as follows:
"Sec.
"8031. The Air Staff: function; composition.
"8032. The Air Staff: general duties.
"8033. Chief of Staff.
"8034. Vice Chief of Staff.
"8035. Deputy Chiefs of Staff and Assistant Chiefs of Staff.
"8036. Surgeon General: appointment; grade.
"8037. Judge Advocate General, Deputy Judge Advocate General:
appointment; duties.
"8038. Office of Air Force Reserve: appointment of Chief.".
(2) The heading of section 8036 "10 USC 8036" is amended by striking
out the comma and inserting in lieu thereof a semicolon.
(3) Section 8038 (as redesignated by section 521(a)(2)) is amended by
striking out the comma in subsection (a) after "Chief of Staff".
(4) The table of sections at the beginning of chapter 807 is amended
by striking out the item relating to section 8072.
ORGANIZATIONS
Section 8074(a) is amended by striking out "The" and inserting in
lieu thereof "Except as otherwise prescribed by law or by the Secretary
of Defense, the".
(a) AMENDMENTS TO TITLE 10. -- (1) Sections 175(d) and 523(b)(1)(B)
are amended by striking out "3033" and "8033" and inserting in lieu
thereof "3021" and "8021", respectively.
(2) Section 641(1)(B) is amended by striking out "3015, 3019, 3033,
3496, 5251, 5252, 8019, 8033," and inserting in lieu thereof "3021,
3038, 3040, 3496, 5251, 5252, 8021, 8038,".
(b) AMENDMENTS TO TITLE 37. -- Section 204(a)(2) of title 37, United
States Code, is amended by striking out "3033" and "8033" and inserting
in lieu thereof "3021" and "8021", respectively.
(a) EFFECTIVE DATE. -- The provisions of subsections (c) and (d) of
each of sections 3014, 5014, and 8014 of title 10, United States Code,
"10 USC 3014 note" as added by sections 501, 511, and 521, respectively,
shall be implemented not later than 180 days after the date of the
enactment of this Act.
(b) REPORT. -- Not later than 210 days after the date of the
enactment of this Act, the Secretary of each military department shall
submit to Congress a report on the actions that have been taken to
implement the provisions referred to in subsection (a) with respect to
that military department.
(c) WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF. "10
USC 3033 note" -- (1) The President may waive, as provided in paragraph
(2), the requirements provided for in section 3033(a)(2), 5033(a)(2),
5043(a)(2), and 8033(a)(2) of title 10, United States Code (as added or
amended by sections 502, 512, 513, and 522, respectively).
(2) In exercising such waiver authority, the President may, in the
case of any officer --
(A) waive the requirement under section 664 of such title (as
added by section 401 of this Act) for the length of a joint duty
assignment if the officer has served in such an assignment for not
less than two years; and
(B) consider as a joint duty assignment any tour of duty served
by the officer as a general or flag officer before the date of the
enactment of this Act (or being served on the date of the
enactment of this Act) that was considered to be a joint duty
assignment or a joint equivalent assignment under regulations in
effect at the time the assignment began.
(3) A waiver under paragraph (2) may not be made in the case of any
officer more than four years after the date of the enactment of this
Act.
(4) A waiver under this subsection may be made only on a case-by-case
basis.
ASSIGNED TO MANAGEMENT HEADQUARTERS ACTIVITIES AND
CERTAIN OTHER ACTIVITIES
(a) MILITARY DEPARTMENTS AND COMBATANT COMMANDS. -- (1) Effective on
October 1, 1988, the total number of members of the Armed Forces and
civilian employees assigned or detailed to duty described in paragraph
(2) may not exceed the number equal to 90 percent of the total number of
such members and employees assigned or detailed to such duty on
September 30, 1986.
(2) Duty referred to in paragraph (1) is permanent duty in the
military departments and in the unified and specified combatant commands
to perform management headquarters activities or management headquarters
support activities.
(3) In computing and implementing the limitation in paragraph (1),
the Secretary of Defense shall exclude members and employees who are
assigned or detailed to permanent duty to perform management
headquarters activities or management headquarters support activities in
the following:
(A) The Office of the Secretary of the Army and the Army Staff.
(B) The Office of the Secretary of the Navy, the Office of the
Chief of Naval Operations, and the Headquarters, Marine Corps.
(C) The Office of the Secretary of the Air Force and the Air
Staff.
(D) The immediate headquarters staff of the commander of each
unified or specified combatant command.
(4) If the Secretary of Defense applies any reduction in personnel
required by the limitation in paragraph (1) to a unified or specified
combatant command, the commander of that command, after consulting with
his directly subordinate commanders, shall determine the manner in which
the reduction shall be accomplished.
(b) DEFENSE AGENCIES AND DOD FIELD ACTIVITIES. -- (1)(A) Not later
than September 30, 1988, the Secretary of Defense shall reduce the total
number of members of the Armed Forces and civilian employees assigned or
detailed to permanent duty in the management headquarters activities and
management headquarters support activities in the Defense Agencies and
Department of Defense Field Activities by a number that is at least 5
percent of the total number of such members and employees assigned or
detailed to such duty on September 30, 1986.
(B) Not later than September 30, 1989, the Secretary shall carry out
an additional reduction in such members and employees of not less than
10 percent of the number of such members and employees assigned or
detailed to such duty on September 30, 1988.
(C) If the number of members and employees reduced under subparagraph
(A) or (B) is in excess of the reduction required to be made by that
subparagraph, such excess number may be applied to the number required
to be reduced under paragraph (2).
(2)(A) Not later than September 30, 1988, the Secretary of Defense
shall reduce the total number of members of the Armed Forces and
civilian employees assigned or detailed to permanent duty in the Defense
Agencies and Department of Defense Field Activities, other than members
and employees assigned or detailed to duty in management headquarters
activities or management headquarters support activities, by a number
that is at least 5 percent of the total number of such members and
employees assigned or detailed to such duty on September 30, 1986.
(B) Not later than September 30, 1989, the Secretary shall carry out
an additional reduction in such members and employees of not less than 5
percent of the number of such members and employees assigned or detailed
to such duty on September 30, 1988.
(3) If after the date of the enactment of this Act and before October
1, 1988, the total number of members and employees described in
paragraph (1)(A) or (2)(A) is reduced by a number that is in excess of
the number required to be reduced under that paragraph, the Secretary
may, in meeting the additional reduction required by paragraph (1)(B) or
(2)(B), as the case may be, offset such additional reduction by that
excess number.
(4) The National Security Agency shall be excluded in computing and
making reductions under this subsection.
(c) PROHIBITION AGAINST CERTAIN ACTIONS TO ACHIEVE REDUCTIONS. --
Compliance with the limitations and reductions required by subsections
(a) and (b) may not be accomplished by recategorizing or redefining
duties, functions, offices, or organizations.
(d) ALLOCATIONS TO BE MADE BY SECRETARY OF DEFENSE. -- (1) The
Secretary of Defense shall allocate the reductions required to comply
with the limitations in subsections (a) and (b) in a manner consistent
with the efficient operation of the Department of Defense. If the
Secretary determines that national security requirements dictate that a
reduction (or any portion of a reduction) required by subsection (b) not
be made from the Defense Agencies and Department of Defense Field
Activities, the Secretary may allocate such reduction (or any portion of
such reduction) (A) to personnel assigned or detailed to permanent duty
in management headquarters activities or management headquarters support
activities, or (B) to personnel assigned or detailed to permanent duty
in other than management headquarters activities or management
headquarters support activities, as the case may be, of the Department
of Defense other than the Defense Agencies and Department of Defense
Field Activities.
(2) Among the actions that are taken to carry out the reductions
required by subsections (a) and (b), the Secretary shall consolidate and
eliminate unnecessary management headquarters activities and management
headquarters support activities.
(e) TOTAL REDUCTIONS. -- Reductions in personnel required to be made
under this section are in addition to any reductions required to be made
under other provisions of this Act or any amendment made by this Act.
(f) DEFINITIONS. -- For purposes of this section, the terms
"management headquarters activities" and "management headquarters
support activities" have the meanings given those terms in Department of
Defense Directive 5100.73, entitled "Department of Defense Management
Headquarters and Headquarters Support Activities" and dated January 7,
1985.
REQUIREMENTS
(a) POLICY. -- It is the policy of Congress to reduce the
administrative burden placed on the Department of Defense by
requirements for reports, studies, and notifications to be submitted to
Congress through the elimination of outdated, redundant, or otherwise
unnecessary reporting requirements.
(b) COMPILATION OF EXISTING REPORTING REQUIREMENTS. -- (1) The
Secretary of Defense shall compile a list of all provisions of law in
effect on the date of the enactment of this Act or enacted after such
date and before February 1, 1987, that require the President, with
respect to national defense functions of the Government, or any official
or employee of the Department of Defense to submit a report,
notification, or study to Congress or any committee of Congress. The
preceding sentence does not apply to a requirement for a report,
notification, or study to be submitted one time.
(2) The Secretary shall submit to Congress the list compiled under
paragraph (1) not later than six months after the date of the enactment
of this Act. The Secretary shall include with such list (with respect
to each report, notification, or study shown on the list) the following:
(A) The date the requirement for such report, notification, or
study was first imposed by law and the current legal citation for
such requirement.
(B) The Secretary's assessment of the continuing utility of
such requirement to Congress and to the executive branch.
(C) The Secretary's assessment of the administrative burden of
such requirement and how such burden relates to the utility of the
report, notification, or study.
(D) The Secretary's recommendation as to whether such
requirement should be retained, modified, or repealed.
(3) The matter submitted under paragraph (2) shall also include --
(A) any recommendation of the Secretary for consolidation of
different requirements for reports, notifications, and studies;
and
(B) a draft of legislation to implement any changes in law
recommended by the Secretary and to conform statutory provisions
to the elimination of reporting requirements under subsection (c).
(c) TERMINATION OF REPORTING REQUIREMENTS. -- Except as provided in
subsection (d), effective on January 1, 1987, each provision of law that
is contained in title 10, 32, or 37, United States Code, or in any Act
authorizing appropriations or making appropriations for military
functions of the Department of Defense (including military construction
and military family housing functions) shall not be effective to the
extent such provision requires the submission of a report, notification,
or study.
(d) EXCEPTIONS. -- Subsection (c) does not apply --
(1) to a requirement for a report, notification, or study to be
submitted one time;
(2) to a provision of law enacted on or after the date of the
enactment of this Act (including any provision enacted by this
Act); or
(3) to a provision of law that requires the submission of the
reports, notifications, and studies described in subsections (e)
through (u).
(e) PROVISIONS OF TITLE 10. -- The exception provided in subsection
(d)(3) applies to the following reports, notifications, and studies
required by title 10, United States Code:
(1) The annual report required by section 113(c) of such title
(as redesignated by section 101(a)), relating to the
accomplishments of the Department of Defense.
(2) The annual report required by section 113(e) of such title
(as redesignated by section 101(a) and amended by section 603),
relating to major military missions and the military force
structure of the United States.
(3) The annual reports required by section 115 of such title
(as designated and amended by section 110(b)) --
(A) under subsection (a)(2) of such section, relating to
equipment of the National Guard and reserve components;
(B) under subsection (b)(3) of such section, relating to
military and civilian personnel and strength levels, certain other
manpower requirements, base structures, and certain requirements
for and information on officers; and
(C) under subsection (c)(2) of such section, relating to
average student training loads.
(4) The annual report required by section 116(a) of such title
(as designated and amended by section 110(b)), relating to
operations and maintenance.
(5) The annual report required by section 117 of such title (as
redesignated by section 101(a)), relating to North Atlantic Treaty
Organization readiness.
(6) The reports required by section 118 of such title (as
redesignated by section 101(a)), relating to sales or transfers of
certain defense articles.
(7) The report required by section 125(c) of such title,
relating to the proposed reduction or elimination of a major
weapon system.
(8) The reports required by subsection (b)(5) of section 138 of
such title (as redesignated by section 101(a)) and the annual
report required by subsection (g) of such section, relating to
operational test and evaluation activities.
(9) Reports required by section 1092(a)(3) of such title,
relating to studies and demonstration projects relating to
delivery of health and medical care.
(10) The reports required by section 1464(c) of such title,
relating to the status of the Department of Defense Military
Retirement Fund.
(11) The report required by section 2137 of such title,
relating to the educational assistance program for members of the
Selected Reserve under chapter 106 of such title. "10 USC 2131 et
seq."
(12) The annual report required by section 2208(k) of such
title, relating to the condition and operation of working-capital
funds.
(13) The notifications required by section 2233a(a)(1) of such
title, relating to expenditures and contributions for acquisition
of facilities for reserve components.
(14) The notifications required by section 2304(c)(7) of such
title, relating to the use of procurement procedures other than
competitive procedures.
(15) The notifications required by section 2306(h)(3) of such
title, relating to cancellation ceilings in certain multiyear
contracts.
(16) The annual report required by section 2313(d)(4) of such
title, relating to subpoenas issued by the Director of the Defense
Contract Audit Agency to obtain contractor records.
(17) The annual report required by section 2349 of such title,
relating to North Atlantic Treaty Organization acquisition and
cross-servicing agreements.
(18) The semiannual report required by section 2357 of such
title, relating to contracts in excess of $50,000 entered into by
the military departments for research and development.
(19) The report required by section 2362(c) of such title,
relating to the testing of wheeled or tracked armored vehicle
programs.
(20) The reports required by section 2391(c) of such title,
relating to military base reuse studies and community planning
assistance.
(21) The notifications required by section 2394(b)(2) of such
title, relating to contracts for energy or fuel.
(22) The annual report required by section 2397(e) of such
title, relating to the names of certain employees and former
employees of defense contractors.
(23) The notifications required by clauses (B) and (C) of
section 2401(b)(1) of such title, the cost analyses required by
section 2401(e)(1) of such title, and the reports required by
section 2401(e)(2) of such title, all relating to the long-term
lease or charter of vessels and aircraft by the military
departments.
(24) The notifications required by subsection (e)(1) of section
2403 of such title and the annual report required by subsection
(e)(2) of such section, relating to waivers of certain
requirements for contractor guarantees.
(25) The notifications required by paragraphs (1) and (2) of
section 2407(d) of such title, relating to certain contracts
awarded by the Department of Defense in connection with North
Atlantic Treaty Organization cooperative agreements.
(26)(A) The annual and supplemental reports required by section
2431 of such title (as redesignated by section 101(a)), relating
to weapons development and procurement schedules, including the
matter required by section 53(b) of the Arms Export Control Act
(22 U.S.C. 2795b(b)) to be included in such annual reports.
(B) The notifications in lieu of such supplemental reports
under subsection (b) of such section.
(27) The Selected Acquisition Reports required by section 2432
of such title (as redesignated by section 101(a)).
(28) The notifications required by subsection (d)(3) of section
2433 of such title (as redesignated by section 101(a)) and reports
required by subsection (e) of such section, relating to increases
in program acquisition unit costs and procurement unit costs of
certain major defense acquisition programs.
(29) The annual report required by section 2457(d) of such
title, relating to the policy to standardize equipment,
ammunition, and fuel procured for the use of United States
military forces stationed in Europe under the North Atlantic
Treaty.
(30) The reports required by subsection (a) or (e) of section
2662 of such title and the annual report required by subsection
(b) of such section, relating to certain real property
transactions.
(31) The notifications required by section 2667a(g)(3) of such
title, relating to expenditures in excess of $300,000 from the DOD
Facilities Replacement Management Account.
(32) The notifications required by section 2672(b) of such
title, relating to acquisitions of interests in land for more than
$100,000.
(33) The notifications required by section 2676(d) of such
title, relating to reductions in scope and increases in cost of a
land acquisition.
(34)(A) The notifications required by section 2687(b) of such
title, relating to base closures and realignments.
(B) The certification provided for in section 2687(c) of such
title, relating to a closure or realignment of a military
installation for reasons of national security.
(35) The annual report required by section 2779(b)(4) of such
title, relating to the use of funds appropriated for the
elimination of certain losses caused by fluctuations in currency
exchange rates of foreign countries.
(36) The reports required by section 2803(b) of such title,
relating to emergency military construction projects carried out
under section 2803 of such title.
(37) The reports required by section 2804(b) of such title,
relating to military construction projects not authorized by law.
(38) The notifications required by paragraphs (2) and (3) of
section 2805(b) of such title, relating to minor construction in
connection with certain relocations of activities from one
installation to another.
(39) The reports required by section 2806(c)(2) of such title,
relating to contributions for North Atlantic Treaty Organization
Infrastructure.
(40) The notifications required by subsection (b) of section
2807 of such title and the reports required by subsection (c) of
such section, relating to architectural and engineering services
and construction design in connection with military construction
or military family housing projects.
(41) The notifications required by section 2808(b) of such
title, relating to military construction projects in the event of
a declaration of war or national emergency.
(42) The justifications and economic analyses required by
section 2809(a)(4) of such title, relating to long-term contracts
for the construction, management, and operation of certain
facilities.
(43) The notifications and justifications required by section
2823(b) of such title, relating to disagreements on the
availability of suitable alternative housing at locations in the
United States where family housing is proposed to be constructed.
(44) The notifications required by section 2827(b) of such
title, relating to relocation of military family housing units.
(45) The notifications and reports of economic analyses
required by section 2828 of such title --
(A) under subsection (b)(3) of such section, relating to
domestic family housing limitations;
(B) under subsection (f) of such section, relating to the
proposed lease of military family housing in excess of authorized
amounts; and
(C) under subsection (g)(6)(A) of such section, relating to
leasing of military family housing facilities.
(46) The notifications required by section 2834(b) of such
title, relating to agreements with the Secretary of State for the
use of Department of State housing and related services by
Department of Defense personnel.
(47) The notifications required by subsections (d) and (e) of
section 2853 of such title, relating to reductions in the scope of
work or increases in the cost of military construction projects.
(48) The notifications required by section 2854(b) of such
title, relating to repair, restoration, or replacement of damaged
or destroyed military facilities.
(49) The notifications required by section 2856(b) of such
title, relating to regulations establishing limitations on
barracks space.
(50) The annual report required by section 2861(a) of such
title, relating to military construction activities and military
family housing activities.
(51) The annual report required by section 7307(b)(2) of such
title, relating to the disposition of naval vessels to foreign
nations.
(52) The quarterly report required by section 7434 of such
title, relating to production from the naval petroleum reserves.
(f) PROVISIONS OF TITLE 37. -- (1) The exception provided in
subsection (d)(3) applies to the report required by section 406(i) of
title 37, United States Code, relating to dependents accompanying
members of the Armed Forces stationed outside the United States.
(2) Such section is amended --
(A) by striking out "quarter" in the matter preceding clause
(1); and
(B) by striking out "quarter" in clauses (1) and (2) and
inserting in lieu thereof "fiscal year".
(g) PUBLIC LAW 91-121. -- Notifications required by subsections
(b)(4) and (c)(1) of section 409 of Public Law 91-121 (50 U.S.C. 1512(
4), 1513(1)), relating to chemical or biological warfare agents.
(h) PUBLIC LAW 91-441. -- Reports required by section 203(c) of
Public Law 91-441 (10 U.S.C. 2358 note), relating to independent
research and development and bid and proposal programs.
(i) PUBLIC LAW 93-365. -- The exception provided in
subsection (d)(3) applies to the statements and quarterly report
required by subsections (c) and (e) of section 709 of the Department of
Defense Appropriation Authorization Act, 1975 "50 USC app. 2403-1" (50
U.S.C. App. 2403-1(e)), relating to the export of certain goods,
technology, and industrial techniques.
(j) PUBLIC LAW 96-342. -- The exception provided in subsection (d)(
3) applies to the notifications, summaries, certifications, and reports
required by subsections (a), (b), and (c) of section 502 of the
Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note),
relating to conversion of performance of commercial and other type
functions from Department of Defense personnel to private contractors.
(k) PUBLIC LAW 98-94. -- The exception provided in subsection (d)(
3) applies to the following:
(1) The notifications required by section 1201(c) of the
Department of Defense Authorization Act, 1984 (97 Stat. 678),
relating to transfers of amounts of authorizations.
(2) The reports and assessments required by section 1231 of
such Act (97 Stat. 693), relating to certain intercontinental
ballistic missile systems.
(3) The reports required by section 1252(d) of such Act (97
Stat. 698), "42 USC 248d" relating to the cost effectiveness of
and the quality of medical care provided by public health service
hospitals.
(l) PUBLIC LAW 98-525. -- The exception provided in subsection (d)(
3) applies to the following:
(1) Reports required by section 105(b)(1) of the Department of
Defense Authorization Act, 1985 (98 Stat. 2503), relating to
government-to-government agreements for acquisition in connection
with certain NATO cooperative programs.
(2) The reports required by section 307(b)(3) of the Department
of Defense Authorization Act, 1985 (10 U.S.C. 2304 note), relating
to waivers of a prohibition on contracting out certain logistics
activities.
(3) The annual report required by section 1002(d)(1) of such
Act (22 U.S.C. 1928 note), relating to the supply of munitions and
certain aircraft facilities in support of the North Atlantic
Treaty Organization.
(4) The annual report required by section 1002(d)(2) of such
Act (22 U.S.C. 1928 note), relating to the status and cost of the
United States commitment to the North Atlantic Treaty Organization
and certain activities of other member nations of the North
Atlantic Treaty Organization.
(5) The annual reports required by subsections (c) and (d) of
section 1003 of such Act (22 U.S.C. 1928 note), relating to allied
contributions to the common defense.
(6) The annual report required by section 1102 of such Act (10
U.S.C. 2872 note (formerly 10 U.S.C. 139 note)), relating to the
Strategic Defense Initiative and any other antiballistic missile
defense program.
(7) The notifications required by section 1501(c) of such Act
(98 Stat. 2626), relating to transfers of amounts of
authorizations.
(8) The notification required by section 1512 of the Department
of Defense Authorization Act, 1985 (98 Stat. 2627), relating to
the use of funds for the B-1B bomber aircraft program beyond 100
aircraft.
(9) The reports required by section 1536(g) of such Act (98
Stat. 2633; 46 U.S.C. 1120 note), "46 USC app. 1120 note"
relating to the Commission on Merchant Marine and Defense.
(m) PUBLIC LAW 99-145. -- The exception provided in subsection (d)(
3) applies to the following:
(1) Reports required by section 106(a)(2) of the Department of
Defense Authorization Act, 1986 (99 Stat. 596), relating to
government-to-government agreements for acquisition in connection
with certain NATO cooperative programs.
(2) The certification required by section 125(a)(1) of the
Department of Defense Authorization Act, 1986 (99 Stat. 601),
relating to any new contract for the procurement of 5-ton trucks.
(3) The legislative environmental impact statement required by
section 209(c) of such Act (99 Stat. 610), relating to full-scale
development of a small intercontinental ballistic missile or the
selection of basing areas for the deployment of such missile.
(4) The certification required by section 222 of such Act (99
Stat. 613), "10 USC 139 note" relating to termination of a
prohibition of deployment of a strategic defense system.
(5) The reports required by section 223 of such Act (99 Stat.
613), relating to the Strategic Defense Initiative.
(6) The quarterly reports required by section 502(c) of such
Act (99 Stat. 621), relating to the obligation of funds
appropriated for civilian personnel.
(7) The report required by section 1002 of such Act "22 USC
2592a" (99 Stat. 705), relating to Soviet compliance with arms
control commitments.
(8) The annual report required by section 1221(d)(2) of such
Act (99 Stat. 727), relating to a research program to support the
polygraph activities of the Department of Defense.
(9) The annual reports required by section 1407 of such Act (99
Stat. 745), "10 USC 133 note" relating to unobligated balances in
appropriation accounts.
(10)(A) The certifications required by subsections (b) and
(c)(2) of section 1411 of such Act (99 Stat. 745), relating to the
procurement or assembly of binary chemical weapons.
(B) The report required by subsection (e) of such section,
relating to consultations among member nations of the North
Atlantic Treaty Organization concerning the chemical deterrent
posture of the North Atlantic Treaty Organization.
(11) The annual report required by section 1412(g) of the
Department of Defense Authorization Act, 1986 "50 USC 1521" (99
Stat. 748), relating to the program for the destruction of the
United States stockpile of lethal chemical agents and munitions.
(n) PUBLIC LAW 98-473. -- The exception provided in subsection (d)(
3) applies to the following:
(1) The notifications required by the proviso in section 8005(
m) of the Department of Defense Appropriations Act, 1985 (as
contained in section 101(h) of Public Law 98-473 (98 Stat.
1923)), relating to unusual cost overruns incident to overhaul,
maintenance, and repair for certain ships.
(2) The annual report required by section 8104(b) of such Act
(98 Stat. 1942), "10 USC 139 note" relating to consultations with
members of common defense alliances concerning Strategic Defense
Initiative research.
(o) PUBLIC LAW 99-190. -- The exception provided in subsection (d)(
3) applies to the following:
(1) The notifications required by section 8020 or 8021 of the
Department of Defense Appropriations Act, 1986 (as contained in
section 101(b) of Public Law 99-190 (99 Stat. 1206)), relating to
transfers of working capital funds.
(2) The notifications required by section 8021 of such Act (99
Stat. 1206), relating to the obligation of working capital funds
to procure war reserve material inventory.
(3) The notifications required by section 8042 of such Act (99
Stat. 1210), relating to the availability of appropriated funds
for intelligence or special activities different from activities
justified to the Congress.
(4) The notification required by section 8075 of such Act (99
Stat. 1214), relating to the acquisition of certain types of
weapons, subsystems, and munitions of European North Atlantic
Treaty Organization manufacture.
(5) The certification required by section 8097 of such Act (99
Stat. 1219), "10 USC 139 note" relating to the obligation or
expenditure of funds to carry out a test of the Space Defense
System (anti-satellite weapon) against an object in space.
(p) MILITARY CONSTRUCTION AUTHORIZATION ACTS. -- (1) The exception
provided in subsection (d)(3) applies to the annual reports required by
section 704 of the Military Construction Authorization Act, 1982 (Public
Law 97-99; 95 Stat. 1377), relating to contracts for construction in
the United States and its possessions.
(2) The exception provided in subsection (d)(3) applies to the
following:
(A) The economic analyses required by section 802(d)(1) of the
Military Construction Authorization Act, 1984 (10 U.S.C. 2821
note), relating to proposed military housing rental guarantee
agreements.
(B) The notifications required by section 803(b)(2) of such Act
(10 U.S.C. 2821 note), relating to waivers of a requirement to use
manufactured or factory-built housing fabricated in the United
States by a United States contractor for military family housing
construction in foreign countries.
(3) The exception provided in subsection (d)(3) applies to the report
required by section 840(d) of the Military Construction Authorization
Act, 1986 (Public Law 99-167; 99 Stat. 998), relating to the sale of
land at Fort Jackson, South Carolina.
(q) MILITARY CONSTRUCTION APPROPRIATION ACTS. -- The exception
provided in subsection (d)(3) applies to the following:
(1) The annual report required by the third proviso in the
undesignated paragraph under the heading "FOREIGN CURRENTY
FLUCTUATION, CONSTRUCTION, DEFENSE" in the Military Construction
Appropriation Act, 1980 (Public Law 96-130; 93 Stat. 1019), "31
USC 628-3" relating to transfers of appropriated funds to
eliminate losses in military construction or expenses of family
housing caused by fluctuations in foreign currency exchange rates
of foreign countries.
(2) The reports required by section 125(a) of the Military
Construction Appropriations Act, 1985 (as contained in section
101(e) of Public Law 98-473; 98 Stat. 1883), relating to
terminations of a prohibition on the availability of appropriated
military construction funds to foreign governments ineligible to
receive such funds by reason of inadequate drug control measures.
(r) The report required by section 1436(a) of title 38, United States
Code, relating to the New GI-Bill Educational Assistance Program under
chapter 30 of such title. "38 USC 1401 et seq."
(s) INSPECTOR GENERAL ACT OF 1978. -- The exception provided in
subsection (d)(3) applies to the following:
(1) The semiannual report required by section 5(b) "5 USC app."
of the Inspector General Act of 1978 (5 U.S.C. App. 3), relating
to activities of the Inspector General of the Department of
Defense.
(2) The reports required by section 5(d) of such Act (5 U.S.C.
App. 3), relating to particular cases of problems, abuses, or
deficiencies which have come to the attention of the Inspector
General of the Department of Defense.
(3) The statements required by paragraphs (3) and (4) of
section 8(b) of such Act "5 USC app." (5 U.S.C. App. 3), relating
to the exercise of certain authority of the Secretary of Defense
with respect to the activities of the Inspector General of the
Department of Defense.
(t) INTELLIGENCE COMMUNITY PROVISIONS. -- The exception provided in
subsection (d)(3) applies to the following:
(1) The requirement to furnish information and to report to
Congress concerning intelligence activities as provided in title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
(2) Reports and information required to be furnished under the
following provisions of law:
(A) Section 1601(e) of title 10, United States Code, relating
to the Defense Intelligence Senior Executive Service.
(B) Section 1604(e) of such title, relating to termination of
certain Defense Intelligence Agency personnel.
(C) Section 1605 of such title, relating to benefits and
allowances for certain Defense Intelligence Agency civilian
personnel.
(3) Reports and information required to be furnished under
section 431 of title 37, United States Code, relating to benefits
and allowances for certain military personnel assigned to the
Defense Intelligence Agency.
(u) ADDITIONAL MISCELLANEOUS EXCEPTIONS. -- The exception provided
in subsection (d)(3) applies to the following:
(1) The reports required by section 673(d) of title 10, United
States Code, relating to the necessity for units of the Ready
Reserve being ordered to active duty.
(2) The reports required by section 673b(f) of such title,
relating to necessity of ordering units or members of the Selected
Reserve to active duty.
(3) The reports required under section 836(b) (article 36(b))
of such title, relating to rules and regulations prescribed by the
President under such section.
(4) The reports required by section 867(g)(1) (article 69(g)(
1) of such title, relating to the operation of the Uniform Code of
Military Justice.
(5) The reports required by subsections (a) and (b) of section
1008 and subsections (e) and (f) of section 1009 of title 37,
United States Code, relating to military compensation.
(a) ANNUAL PRESIDENTIAL REPORT. -- (1) Title I of the National
Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the
end the following new section:
"SEC. 104. "50 USC 404a" (a)(1) The President shall transmit to
Congress each year a comprehensive report on the national security
strategy of the United States (hereinafter in this section referred to
as a 'national security strategy report').
"(2) The national security strategy report for any year shall be
transmitted on the date on which the President submits to Congress the
budget for the next fiscal year under section 1105 of title 31, United
States Code.
"(b) Each national security strategy report shall set forth the
national security strategy of the United States and shall include a
comprehensive description and discussion of the following:
"(1) The worldwide interests, goals, and objectives of the
United States that are vital to the national security of the
United States.
"(2) The foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary to deter
aggression and to implement the national security strategy of the
United States.
"(3) The proposed short-term and long-term uses of the
political, economic, military, and other elements of the national
power of the United States to protect or promote the interests and
achieve the goals and objectives referred to in paragraph (1).
"(4) The adequacy of the capabilities of the United States to
carry out the national security strategy of the United States,
including an evaluation of the balance among the capabilities of
all elements of the national power of the United States to support
the implementation of the national security strategy.
"(5) Such other information as may be necessary to help inform
Congress on matters relating to the national security strategy of
the United States.
"(c) Each national security strategy report shall be transmitted in
both a classified and an unclassified form.".
(2) The table of contents in the first section of such Act is amended
by inserting after the item relating to section 103 the following new
item:
"Sec. 104. Annual national security strategy report.".
(b) REVISION OF ANNUAL SECRETARY OF DEFENSE REPORT. -- Subsection
(e) of section 113 (as redesignated by section 101(a) of this Act) is
amended to read as follows:
"(e)(1) The Secretary shall include in his annual report to Congress
under subsection (c) --
"(A) a description of the major military missions and of the
military force structure of the United States for the next fiscal
year;
"(B) an explanation of the relationship of those military
missions to that force structure; and
"(C) the justification for those military missions and that
force structure.
"(2) In preparing the matter referred to in paragraph (1), the
Secretary shall take into consideration the content of the annual
national security strategy report of the President under section 104 of
the National Security Act of 1947 for the fiscal year concerned.".
CONFORMING CHANGES IN LAW
Not later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a draft of
legislation to make any technical and conforming changes to title 10,
United States Code, and other provisions of law that are required or
should be made by reason of the amendments made by this Act.
(a) The tables of chapters at the beginning of subtitle A, and at the
beginning of part I of such subtitle, are amended by striking out the
items relating to chapters 3 through 8 and inserting in lieu thereof the
following:
"2. Department of Defense ............................ 111
"3. General Powers and Functions ..................... 121
"4. Office of the Secretary of Defense ............... 131
"5. Joint Chiefs of Staff ............................ 151
"6. Combatant Commands ............................... 161
"7. Boards, Councils, and Committees ................. 171
"8. Defense Agencies and Department of Defense Field Activities
......................................... 191".
(b) The tables of chapters at the beginning of subtitle A, and at the
beginning of part IV of such subtitle, are amended by inserting after
the item relating to chapter 143 the following new item:
"144. Oversight of Cost Growth in Major Programs ... 2431".
Approved October 1, 1986.
LEGISLATIVE HISTORY -- H.R. 3622 (S. 2295) (H.R. 4370):
HOUSE REPORTS: No. 99-375 and No. 99-700 accompanying H.R. 4370
(both from Comm. on Armed Services) and No. 99-824 (Comm. of
Conference).
SENATE REPORTS: No. 99-280 accompanying S. 2295 (Comm. on Armed
Services).
CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 20, considered and
passed House. Vol. 132 (1986): May 7, considered and passed Senate,
amended, in lieu of S. 2295. Aug. 11, House concurred in Senate
amendments with amendments. Sept. 16, Senate agreed to conference
report. Sept. 17, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
1, Presidential statement.
Public Law 99-432, 100 Stat. 989
Paragraphs (2), (3), and (4) of section 3 of the Atlantic Striped
Bass Conservation Act (16 U.S.C. 1851 note) are amended to read as
follows:
"(2) The term 'Atlantic striped bass' means members of stocks
or populations of the species Morone saxatilis, which ordinarily
migrate seaward of the waters described in paragraph (3)(A)(i).
"(3) The term 'coastal waters' means --
"(A) for each coastal State referred to in paragraph (4)(A) --
"(i) all waters, whether salt or fresh, of the coastal State
shoreward of the baseline from which the territorial sea of the
United States is measured; and
"(ii) the waters of the coastal State seaward from the baseline
referred to in clause (i) to the inner boundary of the exclusive
economic zone;
"(B) for the District of Columbia, those waters within its
jurisdiction; and
"(C) for the Potomac River Fisheries Commission, those waters
of the Potomac River within the boundaries established by the
Potomac River Compact of 1958.
"(4) The term 'coastal State' means --
"(A) Pennsylvania and each State of the United States bordering
on the Atlantic Ocean north of the State of South Carolina;
"(B) the District of Columbia; and
"(C) the Potomac River Fisheries Commission established by the
Potomac River Compact of 1958.".
Section 4 of the Atlantic Striped Bass Conservation Act (16 U.S.C.
1851 note) is amended by --
(a) striking subsections (a) and (c) and redesignating
subsections (b) and (d) as (a) and (b) respectively;
(b) amending subsection (a), as so redesignated, to read as
follows:
"(a) MONITORING OF IMPLEMENTATION AND ENFORCEMENT. --
"(1) During December of fiscal year 1987, and of each fiscal
year thereafter, the Commission shall determine:
"(A) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
"(B) whether the enforcement of the Plan by each coastal State
is satisfactory. Enforcement by a coastal State shall not be
considered satisfactory by the Commission if, in its view, the
enforcement is being carried out in such a manner that the
implementation of the Plan within its coastal waters is being, or
will likely be, substantially and adversely affected.
"(2) The Commission shall immediately notify the Secretaries of
each negative determination made by it under this subsection.";
(c) amending subsection (b), as so redesignated, to read as
follows:
"(b) SECRETARIAL ACTION AFTER NOTIFICATION. -- Upon receiving notice
from the Commission under subsection (a) that a coastal State has not
taken the actions described in that subsection, the Secretaries shall
determine jointly, within thirty days, whether that coastal State is in
compliance with the Plan and, if the State is not in compliance, the
Secretaries shall declare jointly a moratorium on fishing for Atlantic
striped bass within the coastal waters of that coastal State. In making
such a determination, the Secretaries shall carefully consider and
review the comments of the Commission and that coastal State in
question.".
Section 5 of the Atlantic Striped Bass Conservation Act (16 U.S.C.
1851 note) is amended by --
(a) striking "(4)(d)" and inserting in lieu thereof "(4)(b)";
and
(b) striking "Secretary" and inserting in lieu thereof
"Secretaries".
Section 7 of the Atlantic Striped Bass Conservation Act (16 U.S.C.
1851 note) is amended to read as follows:
"For each of fiscal years 1986, 1987, and 1988, there are authorized
to be appropriated such sums as may be necessary or appropriate to carry
out this Act.".
Section 9 of the Atlantic Striped Bass Conservation Act is amended by
striking "18 months after the date of the enactment of this Act." and
inserting in lieu thereof "at the close of September 30, 1988.".
Section 7(d) of the Anadromous Fish Conservation Act (16 U.S.C.
767g(d)) is amended by striking "and September 30, 1986" and inserting
in lieu thereof "September 30, 1986, September 30, 1987, and September
30, 1988".
NATIONAL FISH HATCHERY.
Notwithstanding any other law, the Secretary of the Interior shall
convey to the State of Montana, without reimbursement to the United
States and no later than thirty days following enactment of this
legislation, all of the rights (including all water rights), title, and
interest of the United States in and to the fish hatchery property
located south of Miles City, Montana, and known as the Miles City
National Fish Hatchery, consisting of 168.22 acres, more or less, of
land, together with any improvements and related personal property
thereon. The property conveyed shall be used by the Montana Department
of Fish, Wildlife and Parks as part of the Montana fishery resources
management program. If the property conveyed is ever used for other
than these purposes, title to such property shall revert to the United
States.
Approved October 1, 1986.
LEGISLATIVE HISTORY -- H.R. 3358 (S. 1813):
HOUSE REPORTS: No. 99-532 (Comm. on Merchant Marine and Fisheries).
SENATE REPORTS: No. 99-287 accompanying S. 1813 (Comm. on
Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, considered and
passed House. June 26, considered and passed Senate, amended in lieu of
S. 1813. Sept. 16, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct.
1, Presidential statement.
Public Law 99-431, 100 Stat. 987
Whereas the labor dispute between the common rail carriers, Maine
Central Railroad Company and Portland Terminal Company, and certain of
the employees of such carriers represented by the Brotherhood of
Maintenance of Way Employees threatens essential transportation services
of the Nation;
Whereas it is essential to the national interest, including the
national health and defense, that essential transportation services be
maintained;
Whereas the Congress finds that emergency measures are essential to
security and continuity of transportation services by such carriers;
Whereas the President by Executive Order Numbered 12557 of May 16,
1986, pursuant to the provisions of section 10 "51 FR 18429" of the
Railway Labor Act (45 U.S.C. 160), created a Presidential Emergency
Board to investigate the dispute and report findings;
Whereas the recommendations of Presidential Emergency Board Numbered
209 for settlement of such dispute have not yet resulted in a
settlement;
Whereas the extension of the provisions of section 10 of the Railway
Labor Act (45 U.S.C. 160) for an additional 60-day period to such
dispute provided by the joint resolution entitled: "Joint resolution to
provide for a temporary prohibition of strikes or lockouts with respect
to the Maine Central Railroad Company and the Portland Terminal Company
labor-management dispute", approved August 21, 1986 (Public Law 99-385),
has not yet resulted in a settlement of such dispute;
Whereas the advisory board established pursuant to section 2 of such
joint resolution recommended that in the event that the parties to the
dispute were unable to reach agreement on the dispute before September
13, 1986, the Congress should enact legislation directing the parties to
accept and apply the recommendations of Emergency Board Numbered 209,
and if such parties are unable to agree as to all necessary details in
applying the recommendations of such Emergency Board, all such unsettled
issues should be submitted to final and binding arbitration;
Whereas all the procedures for resolving such dispute provided for in
the Railway Labor Act "45 USC 151 note" have been exhausted and have not
yet resulted in settlement of the dispute;
Whereas the Congress, under the Commerce Clause of the Constitution,
has the authority and responsibility to ensure the uninterrupted
operation of essential transportation services; and
Whereas the Congress in the past has enacted legislation for such
purposes: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following conditions
shall apply to the dispute referred to in Executive Order Numbered 12557
of May 16, 1986, "51 FR 18429" between the common rail carriers, Maine
Central Railroad Company and Portland Terminal Company (hereafter in
this resolution referred to as the "carriers") and the employees of such
carriers represented by the Brotherhood of Maintenance of Way Employees.
(1) The parties to such dispute shall take all necessary steps to
restore or preserve the conditions out of which such dispute arose as
such conditions existed before 12:01 ante meridiem of March 3, 1986,
except as provided in paragraphs (2) through (4).
(2) The report and recommendations of Presidential Emergency Board
Numbered 209 shall be binding on the parties and shall have the same
effect as though arrived at by agreement of the parties under the
Railway Labor Act (45 U.S.C. 151 et seq.), except that nothing in this
joint resolution shall prevent a mutual written agreement by the parties
to any terms and conditions different from those established by this
joint resolution.
(3)(A) If there are unresolved implementing issues remaining with
respect to the report and recommendations or agreement under paragraph
(2) after ten days after the date of the enactment of this joint
resolution, the parties to the dispute shall enter into binding
arbitration to provide for a resolution of such issues.
(B) The National Mediation Board established by section 4 of the
Railway Labor Act (45 U.S.C. 154) shall appoint an arbitrator to resolve
the issues described in subparagraph (A). Except as provided in this
joint resolution, such arbitration shall be conducted as if it were
under section 7 of such Act, "45 USC 157" and any award of such
arbitration shall be enforceable as if under section 9 of such Act. "45
USC 159"
(4) Within thirty days after the date of the enactment of this joint
resolution, the binding arbitration entered into pursuant to paragraph
(3) shall be completed.
Approved September 30, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 415 (H.J. Res. 728):
HOUSE REPORTS: No. 99-864 accompanying H.J. Res. 728 (Comm. on
Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 17, considered and
passed Senate. Sept. 23, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Sept.
30, Presidential statement.
Public Law 99-430, 100 Stat. 986
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That each provision of law "12
USC 1721 note" amended by Public Law 99-345 is amended by striking out
"September 30, 1986" wherever it appears and inserting in lieu thereof
"September 30, 1987".
Approved September 30, 1986
LEGISLATIVE HISTORY -- S.J. Res. 353 (H.R. 1):
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 26, considered and
passed Senate. Sept. 30, considered and passed House.
Public Law 99-429, 100 Stat. 985
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That effective
immediately before September 30, 1986, section 408(c) of the Act of
November 6, 1978 "28 USC note prec. 581" (Public Law 95-598; 92 Statute
2687), is amended by striking out "September 30, 1986" and inserting in
lieu thereof "November 10, 1986".
Approved September 30, 1986.
LEGISLATIVE HISTORY -- S. 2888:
CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 27, considered and
passed Senate. Sept. 29, considered and passed House.
Public Law 99-428, 100 Stat. 982
This Act may be cited as the "Tribally Controlled Community College
Assistance Amendments of 1986".
APPROPRIATIONS.
(a) GRANT PROGRAMS. -- Subsection (a) of section 110 of the Tribally
Controlled Community College Assistance Act of 1978 (25 U.S.C. 1810(a))
is amended --
(1) by striking out "1985, 1986, and 1987" in paragraph (1) and
inserting in lieu thereof "1987, 1988, 1989, and 1990", and
(2) by striking out "such fiscal years" in paragraphs (2) and
(3) and inserting in lieu thereof "the fiscal years 1987, 1988,
1989, and 1990".
(b) ENDOWMENT PROGRAM. -- Section 306 of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C. 1836) is amended by
striking out "1985, 1986, and 1987" and inserting in lieu thereof "1987,
1988, 1989, and 1990".
(a) SATISFACTORY PROGRESS. -- Subsection (a) of section 2 of the
Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C.
1801(a)) is amended --
(1) by striking out "and" at the end of paragraph (6),
(2) by striking out the period at the end of paragraph (7) and
inserting in lieu thereof "; and", and
(3) by adding at the end thereof the following new paragraph:
"(8) 'satisfactory progress toward a degree or certificate' has
the meaning given to such term by the institution at which the
student is enrolled.".
(b) INDIAN STUDENT COUNT. -- Subsection (b) of section 2 of the
Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C.
1801(b)) is amended --
(1) by striking out ", in accordance with the standards and
practices of the appropriate accrediting agency or the institution
at which the student is in attendance," in paragraph (5),
(2) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively, and
(3) by inserting after paragraph (2) the following new
paragraph:
"(3) Credits earned by any student who has not obtained a high school
degree or its equivalent shall be counted toward the computation of the
Indian student count if the institution at which the student is in
attendance has established criteria for the admission of such student on
the basis of the student's ability to benefit from the education or
training offered. The institution shall be presumed to have established
such criteria if the admission procedures for such studies include
counseling or testing that measures the student's aptitude to
successfully complete the course in which the student has enrolled. No
credits earned by such student for purposes of obtaining a high school
degree or its equivalent shall be counted toward the computation of the
Indian student count.".
Paragraph (2) of section 108(a) of the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1808(a)(2)) is amended to read
as follows:
"(2) $5,820,".
EDUCATION ASSISTANCE ACT.
Subsection (b) of section 109 of the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1809(b)) is amended by adding
at the end thereof the following new paragraph:
"(3) No tribally controlled community college for which a tribe has
designated a portion of the funds appropriated for the tribe from funds
appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.
C. 13) may be denied a contract for such portion under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)
(except as provided in that Act), or denied appropriate contract support
to administer such portion of the appropriated funds.".
(a) IN GENERAL. -- Section 112 of the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1812) is amended --
(1) by striking out "Administrator of General Services" each
place it appears and inserting in lieu thereof "Secretary", and
(2) by striking out "enactment of this subsection" in
subsection (a) and inserting in lieu thereof "enactment of the
Tribally Controlled Community College Assistance Amendments of
1986".
(b) CONFORMING AMENDMENT. -- Section 113(a) of the Tribally
Controlled Community College Assistance Act of 1978 (25 U.S.C. 1813(a))
is amended by striking out "Administrator of General Services" and
inserting in lieu thereof "Secretary".
Section 5 of the Navajo Community College Act (25 U.S.C. 640c-1) is
amended --
(1) by striking out "the fiscal year beginning October 1, 1984,
and for the three succeeding fiscal years" in subsection (a)(1)
and inserting in lieu thereof "each of the fiscal years 1987,
1988, 1989, and 1990", and
(2) by striking out "for any fiscal year" in subsection (b)(1)
and inserting in lieu thereof "for each fiscal year".
Approved September 30, 1986
LEGISLATIVE HISTORY -- S. 2095:
SENATE REPORTS: No. 99-324 (Select Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): June 25, considered and
passed Senate. Sept. 16, considered and passed House.
Public Law 99-427, 100 Stat. 980
(a) CONVEYANCE. -- Subject to valid existing rights and except as
provided in section 3, the Secretary of the Interior (hereafter in this
Act referred to as the "Secretary") is authorized and directed to convey
to the New Mexico Institute of Mining and Technology (hereafter in this
Act referred to as the "Institute"), Socorro, New Mexico, at fair market
value, as determined by the Secretary, all right, title, and interest of
the United States in and to the public lands aggregating approximately
8,501.55 acres in Socorro County, New Mexico, as generally depicted on a
map entitled "New Mexico Institute of Mining and Technology Land
Transfer, Socorro, New Mexico" dated 1985, to be used for research and
education.
(b) SURVEY. -- The conveyance required by subsection (a) shall occur
only after the Institute performs and provides to the Secretary a survey
of the archeological resources of the area which identifies the
mitigation measures, if any, that the Institute, in coordination with
the State of New Mexico Historic Preservation Office, will implement
following the conveyance and shall be conditioned on the implementation
of such mitigation measures.
As soon as practicable after enactment of this Act, the Secretary
shall submit a map and legal description of the public lands designated
in the first section of this Act to the Committee on Energy and Natural
Resources of the Senate and the Committee on Interior and Insular
Affairs of the House of Representatives. Such map and legal description
shall have the same force and effect as if included in this Act, except
that any clerical or typographical errors in such map or legal
description may be corrected. The Secretary shall place such map and
legal description on file, and make them available for public
inspection, in the Office of the Director, New Mexico State Office,
Bureau of Land Management, Santa Fe, New Mexico.
There are reserved to the United States all minerals that may be
found in the lands described in the first section: Provided, however,
That such lands, except for valid existing rights, shall not be
available for location and patent under the United States Mining Law,
Act of May 10, 1872, 17 Stat. 91, 30 U.S.C. 22, 28, 28b.
Approved September 30, 1986.
LEGISLATIVE HISTORY -- S. 1963 (H.R. 4971):
HOUSE REPORTS: No. 99-76 accompanying H.R. 4971 (Comm. on Interior
and Insular Affairs).
SENATE REPORTS: No. 99-341 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, considered and passed
Senate. Aug. 11, considered and passed House, amended, in lieu of H.R.
4971. Sept. 17, Senate concurred in House amendment.
Public Law 99-426, 100 Stat. 979
MARINE AND DEFENSE; EXTENSIONS OF REPORT DEADLINES AND
AVAILABILITY OF APPROPRIATIONS.
(a) STATUS OF COMMISSION MEMBERS. -- Subsection (d) of section 1536
of the Department of Defense Authorization Act, 1985 (Public Law 98-525;
98 Stat. 2633), "46 USC app. 1120 note" is amended --
(1) by inserting "(1)" after "(d)"; and
(2) by adding at the end the following new paragraph:
"(2) A member of the Commission appointed under subsection (c)(1)(C)
(who is not otherwise employed by the Federal Government) shall not be
considered to be a Federal employee, except for the purposes of --
"(A) chapter 81 of title 5, United States Code, "5 USC 8101 et
seq" relating to compensation for work-related injuries; and
"(B) chapter 171 of title 28, United States Code, "28 USC 2671
et seq" relating to tort claims.".
(b) EXTENSIONS. -- Such section is further amended as follows:
(1) The last sentence of subsection (b) and the first sentence
of subsection (g) are each amended by striking out "the date of
the enactment of the law first providing funds for the Commission"
and inserting in lieu thereof "the date on which sufficient
members of the Commission to constitute a quorum have been
appointed".
(2) The second sentence of subsection (g) is amended by
striking out "of enactment" each place it appears.
(3) The last sentence of subsection (i) is amended by striking
out "September 30, 1988" and inserting in lieu thereof "36 months
after the date on which sufficient members of the Commission to
constitute a quorum have been appointed".
Approved September 30, 1986.
LEGISLATIVE HISTORY -- H.R. 4530:
HOUSE REPORTS: No. 99-601 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 132 (1986): May 19, considered and passed
House. Sept. 12, considered and passed Senate.
Public Law 99-425, 100 Stat. 966
Be it enacted by the Senate and the House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Human Services Reauthorization Act of 1986". "42 U.S.C.
9801 note"
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to read
as follows:
"SEC. 639. There are authorized to be appropriated for carrying out
the provisions of this subchapter $1,198,000,000 for fiscal year 1987,
$1,263,000,000 for fiscal year 1988, $1,332,000,000 for fiscal year
1989, and $1,405,000,000 for fiscal year 1990.".
START PROGRAMS.
Subparagraph (A) of section 640(a)(2) of the Head Start Act (42 U.S.
C. 9835(a)(2)(A)) is amended to read as follows:
"(A) Indian and migrant Head Start programs and services for
handicapped children, except that there shall be made available
for use by Indian and migrant Head Start programs, on a nationwide
basis, no less funds for fiscal year 1987 and each subsequent
fiscal year than were obligated for use by Indian and migrant Head
Start programs for fiscal year 1985;".
Section 642(c) of the Head Start Act (42 U.S.C. 9837(c)) is amended
by inserting before "programs" the following: "State and local".
Section 645(a)(2) of the Head Start Act (42 U.S.C. 9840(a)(2)) is
amended by striking out "1986" and inserting in lieu thereof "1990".
(a) AUTHORIZATION OF APPROPRIATIONS. -- Subsection (a) of section
663 of the Follow Through Act (42 U.S.C. 9862(a)) is amended to read as
follows:
"(a) There are authorized to be appropriated for carrying out the
purposes of this subchapter $7,500,000 for fiscal year 1987, $7,800,000
for fiscal year 1988, $8,112,000 for fiscal year 1989, and $8,436,000
for fiscal year 1990.".
(b) REPEALER. -- Section 668 of the Follow Through Act (42 U.S.C.
9867) is amended --
(1) by striking out subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(c) TECHNICAL AMENDMENT. -- Section 670 of the Follow Through Act
(42 U.S.C. 9861 note) is amended by striking out "1986" and inserting in
lieu thereof "1990".
Section 670A of the Omnibus Budget Reconciliation Act of 1981 (42 U.
S.C. 9871) is amended to read as follows:
"SEC. 670A. For the purpose of making allotments to States to carry
out the activities described in section 670D, there is authorized to be
appropriated $20,000,000 for each of the fiscal years 1987, 1988, 1989,
and 1990.".
INFORMATION; LICENSING.
(a) DEPENDENT CARE SERVICES. -- Subsection (a) of section 670D of
the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9874) is
amended --
(1) by inserting "(1)" after the subsection designation;
(2) by striking out "shall" in the second sentence and
inserting in lieu thereof "may";
(3) by redesignating clauses (1), (2), (3), (4), (5), (6), and
(7) in the second sentence as clauses (A), (B), (C), (D), (E),
(F), and (G), respectively; and
(4) by striking out the third sentence and inserting in lieu
thereof the following:
"(2) The State, with respect to the uses of funds described in
paragraph (1) of this subsection shall --
"(A) provide assurances that no information will be included
with respect to any dependent care services which are not provided
in compliance with the laws of the State and localities in which
such services are provided; and
"(B) provide assurances that the information provided will be
the latest information available and will be kept up to date.".
(b) SCHOOL-AGE CHILD CARE SERVICES. -- (1) Section 670D(b)(1) of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9874(b)(1)) is
amended by striking out "where school facilities are not available".
(2) Section 670D(b)(2)(E) of the Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 9874(b)(2)(E)) is amended by inserting before "licensing
laws" the following: "child care".
Section 670G(7) of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9877(7)) is amended by inserting before the semicolon a comma and
the following: "except that in any State which by State law children at
an earlier age are provided free public education, the age provided in
State law shall be substituted for age five".
Subchapter D of chapter 8 of title VI of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9871-9877) is amended by adding at
the end thereof the following new section:
"SEC. 670H. This subchapter may be cited as the 'State Dependent
Care Development Grants Act'.".
Subsection (b) of section 672 of the Community Services Block Grant
Act (42 U.S.C. 9901) is amended to read as follows:
"(b) There is authorized to be appropriated $390,000,000 for fiscal
year 1987, $409,500,000 for fiscal year 1988, $430,000,000 for fiscal
year 1989, and $451,500,000 for fiscal year 1990, to carry out the
provisions of this subtitle.".
The first sentence of section 673(1) of the Community Services Block
Grant Act (42 U.S.C. 9902(1)) is amended by inserting after "1981" a
comma and the following: "or which came into existence during fiscal
year 1982 as a direct successor in interest to such a community action
agency or community action program and meets all the requirements under
section 675(c)(3) of this Act "42 USC 9904" with respect to the
composition of the board".
(a) TERMINATION PROCEDURES. -- (1) Section 675(c)(11) of the
Community Services Block Grant Act (42 U.S.C. 9904(c)(11)) is amended by
inserting "the procedures and" after "subject to".
(2) Section 676A of the Community Services Block Grant Act (42 U.S.
C. 9905a) is amended --
(A) by redesignating the section as subsection (b); and
(B) by inserting before the redesignated subsection (b) the
following:
"SEC. 676A. (a) Whenever a State violates the assurances contained
in section 675(c)(11) and terminates the funding of a community action
agency or migrant and seasonal farmworker organization prior to the
completion of the State's hearing and the Secretary's review as required
in section 679 of this Act, "42 USC 9908" the Secretary shall assume
responsibility for providing financial assistance to the community
action agency or migrant and seasonal farmworker organization affected.
The allotment for the State shall be reduced by an amount equal to the
funds provided under this section by the Secretary to such agency or
organization.".
(3) Section 676A of the Community Services Block Grant Act (42 U.S.
C. 9905a), as amended by this subsection, is amended by adding at the
end thereof the following:
"(c) The Secretary shall conduct the review under subsection (b)
through the Office of Community Services, which shall promptly conduct
such review and issue a written determination together with the reasons
of the Secretary therefor.".
(4) The heading of section 676A of the Community Services Block Grant
Act (42 U.S.C. 9905a) is amended to read as follows:
(b) REPEAL OF EXECUTED PROVISION. -- The last sentence of section
675(c) of the Community Services Block Grant Act (42 U.S.C. 9904(c)) is
repealed.
(a) GENERAL RULE. -- Section 679(b)(1) of the Community Services
Block Grant Act (42 U.S.C. 9908(b)(1)) is amended --
(1) by inserting "evaluations and" after "fiscal year";
(2) by adding before the period at the end thereof a comma and
the following: "and especially with respect to compliance with
subsections (a) and (b) of section 675, and clauses (1) through
(11) of subsection (c) of such section"; and
(3) by adding at the end thereof the following:
"Each such evaluation shall include identifying the impact that
assistance furnished under this subtitle has on children, pregnant
adolescents, homeless families, and the elderly poor. A report of the
evaluation, together with recommendations of improvements designed to
enhance the benefit and impact to people in need, will be sent to each
State evaluated. Upon receiving the report the State will then submit a
plan of action in response to the recommendation contained in the
report. The results of the evaluation shall be submitted annually to
the Chairman of the Committee on Education and Labor of the House of
Representatives and the Chairman of the Committee on Labor and Human
Resources of the Senate.".
(b) CONFORMING AMENDMENT. -- Subsection (i) of section 675 of the
Community Services Block Grant Act (42 U.S.C. 9904(i)) is repealed.
SEC. 405. DISCRETIONARY AUTHORITY.
(a) GENERAL RULE. -- (1) The matter preceding clause (1) of section
681(a) of the Community Services Block Grant Act (42 U.S.C. 9910(a)) is
amended --
(A) by striking out "is authorized, either directly or through"
and inserting in lieu thereof "is authorized to make"; and
(B) by inserting "to enter into" before "contracts".
(2) Section 681(a)(1) of the Community Services Block Grant Act (42
U.S.C. 9910(a)(1)) is amended by inserting before the semicolon a comma
and the following: "including national conferences, newsletters, and
collection and dissemination of data about programs and projects
assisted under this subtitle".
(3) Subclause (A) of section 681(a)(2) of the Community Services
Block Grant Act (42 U.S.C. 9910(a)(2)(A)) is amended to read as follows:
"(A) special programs of assistance, awarded on a competitive
basis, to private, locally initiated, nonprofit community
development corporations, (or affiliates of such corporations)
governed by a board consisting of residents of the community and
business and civic leaders, which sponsor enterprises providing
employment and business development opportunities for low-income
residents of the community designed to increase business and
employment opportunities in the community;".
(4) Section 681(a)(2)(D) of the Community Services Block Grant Act
(42 U.S.C. 9910(a)(2)(D)) is amended by inserting before the semicolon
the following: "(in selecting entities to carry out such programs, the
Secretary shall give priority to private nonprofit organizations that
before the date of the enactment of the Human Services Reauthorization
Act of 1986 carried out such programs under this subparagraph)".
(b) ON PROJECTS. -- Section 681 of the Community Services Block
Grant Act (42 U.S.C. 9910) is amended --
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
"(b)(1) The final reports submitted by recipients of assistance under
this section on projects completed with such assistance shall be
summarized and reported by the Secretary annually to the Chairman of the
Committee on Education and Labor of the House of Representatives and the
Chairman of the Committee on Labor and Human Resources of the Senate.
The report shall contain a list of recipients who have received
assistance under this section outside of the competitive process.
"(2) The Secretary shall, at the end of each fiscal year, prepare and
distribute a catalog listing all the projects assisted under clause (A)
of subsection (a)(2) in such fiscal year. The catalog shall include --
"(A) a description of each project;
"(B) an identification of the agency receiving the award,
including the name and address of the principal investigator;
"(C) a description of the project objectives; and
"(D) a statement of the accomplishments of the project.".
(c) CONFORMING AMENDMENTS. -- (1) Section 674(a)(1)(B) of the
Community Services Block Grant Act (42 U.S.C. 9903(a)(1)(B)) is amended
by striking out "section 681(b)" and inserting in lieu thereof "section
681(c)".
(2) Section 680(a) of the Community Services Block Grant Act (42 U.
S.C. 9909(a)) is amended by striking out "section 681(b)" and inserting
in lieu thereof "section 681(c)".
(3) Section 614 of the Community Economic Development Act of 1981 (42
U.S.C. 9803) is amended by striking out "section 681(b)" and inserting
in lieu thereof "section 681(c)".
FOOD AND NUTRITION.
Section 681A of the Community Services Block Grant Act (42 U.S.C.
9910a) is amended by striking out subsection (b) and inserting in lieu
thereof the following new subsections:
"(b)(1) From 60 percent of the amount appropriated for a fiscal year
to carry out this section, the Secretary shall allot for grants under
subsection (a) to eligible agencies for statewide programs in each State
an amount which bears the same ratio to 60 percent of such appropriation
as the low-income and unemployed populations of such State bear to the
low-income and unemployed populations of all the States.
"(2) Forty percent of the amount appropriated in a fiscal year to
carry out this section shall be available for grants under subsection
(a) to be awarded on a competitive basis to eligible agencies for local
and statewide programs. In any fiscal year no agency may receive funds
awarded in accordance with this paragraph in excess of $50,000.
"(c) There is authorized to be appropriated $3,000,000 for each of
the fiscal years 1987, 1988, 1989, and 1990 to carry out this section.".
DEVELOPMENT LOANS; ASSIGNMENT OF LOAN CONTRACTS.
(a) MODIFICATION OF INTEREST RATES. "42 USC 9812a" --
Notwithstanding any other provision of law --
(1) any outstanding loan made after December 31, 1982, by the
Secretary of Health and Human Services; or
(2) any loan made after the date of the enactment of this Act;
with moneys from the Rural Development Loan Fund established by section
623(c)(1) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C.
9812(c)(1)) or with funds available under section 681(a) of the
Community Services Block Grant Act (42 U.S.C. 9910(a)) to an
intermediary borrower shall bear interest at a fixed rate equal to the
rate of interest that was in effect on the date of issuance for loans
made in 1980 with such moneys or such funds if the weighted average rate
of interest for all loans made after December 31, 1982, by such
intermediary borrower with such moneys or such funds does not exceed the
sum of 6 percent and the rate of interest payable under this subsection
by such intermediary borrower.
(b) ASSIGNMENT OF CERTAIN LOAN CONTRACTS. -- Any contract for a loan
made during the period beginning on December 31, 1982, and ending on the
date of the enactment of this Act "42 USC 9812a" with --
(1) moneys from the Rural Development Loan Fund established by
section 623(c)(1) of the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9812(c)(1)); or
(2) funds available under section 681(a) of the Community
Services Block Grant Act (42 U.S.C. 9910(a));
to an intermediary borrower that is a county government may be assigned
by such borrower to an entity to which such loan could have been made
for the purpose for which such contract was made. Any entity to which
such contract is so assigned shall be substituted as a party to such
contract and shall be obligated to carry out such contract and the
purpose for which such contract was made.
(c) TECHNICAL AMENDMENT. -- Section 1323(b)(2) of the Food Security
Act of 1985 "7 USC 1932 note" (7 U.S.C. 1631(b)(2)) is amended --
(1) by striking out "authorized under" and inserting in lieu
thereof "in, appropriated to, or repaid to";
(2) in subparagraph (A) by striking out "and" at the end
thereof;
(3) in subparagraph (B) by striking out the period at the end
thereof and inserting in lieu thereof "; and"; and
(4) by adding at the end thereof the following new
subparagraph:
"(C) notwithstanding paragraph (1), all funds other than funds
to which subparagraph (A) applies shall be used by the Secretary
to make loans --
"(i) to the entities;
"(ii) for the purposes; and
"(iii) subject to the terms and conditions; specified in the
first, second, and last sentences of section 623(a) of the
Community Economic Development Act of 1981 (42 U.S.C. 9812(a)).
For purposes of this subparagraph, any reference in such sentences
to the Secretary shall be deemed to be a reference to the
Secretary of Agriculture.".
AGREEMENTS ADDRESSING THE NEEDS OF THE POOR.
(a) GENERAL AUTHORITY. -- (1) In order to provide for the
self-sufficiency of the Nation's poor, the Secretary may make grants
from funds appropriated under subsection (e) to eligible entities for
the development and implementation of new and innovative approaches to
deal with particularly critical needs or problems of the poor which are
common to a number of communities. Grants may be made only with respect
to applications which --
(A) involve activities which can be incorporated into or be
closely coordinated with eligible entities' ongoing programs;
(B) involve significant new combinations of resources or new
and innovative approaches involving partnership agreements; or
(C) are structured in a way that will, within the limits of the
type of assistance or activities contemplated, most fully and
effectively promote the purposes of the Community Services Block
Grant Act. "42 USC 9901 note"
(2) No grant may be made under this section unless an application is
submitted to the Secretary at such time, in such manner, and containing
or accompanied by such information, as the Secretary may require.
(b) FEDERAL SHARE; LIMITATIONS. -- (1) Grants awarded pursuant to
this section shall be used for new programs and shall not exceed 50 per
centum of the cost of such new programs.
(2) Non-Federal contributions may be in cash or in kind, fairly
evaluated, including but not limited to plant, equipment, or services.
(3) Not more than one grant may be made to any eligible entity, and
no grant may exceed $250,000.
(4) No application may be approved for assistance under this section
unless the Secretary is satisfied that --
(A) the activities to be carried out under the application will
be in addition to, and not in substitution for, activities
previously carried on without Federal assistance; and
(B) funds or other resources devoted to programs designed to
meet the needs of the poor within the community, area, or State
will not be diminished in order to provide the matching
contributions required under this section.
(c) DISSEMINATION OF RESULTS. -- As soon as practicable, but no
later than 90 days after the expiration of the fiscal year for which any
grant is awarded under this section, the Secretary shall prepare and
make available upon request to each State and eligible entity
descriptions of the demonstration programs assisted under this section,
and any relevant information developed and results achieved, so as to
provide models for innovative programs to other eligible entities.
(d) DEFINITIONS. -- As used in this section --
(1) the term "eligible entity" has the same meaning given such
term by section 673(1) of the Community Services Block Grant Act
(42 U.S.C. 9902(1)); and
(2) the term "Secretary" means the Secretary of Health and
Human Services.
(e) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $5,000,000 for each of the fiscal years 1987, 1988, and
1989, to carry out this section.
Subsection (b) of section 2602 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended to read as
follows:
"(b) There are authorized to be appropriated to carry out the
provisions of this title $2,050,000,000 for fiscal year 1987,
$2,132,000,000 for fiscal year 1988, $2,218,000,000 for fiscal year
1989, and $2,307,000,000 for fiscal year 1990.".
PROGRAM.
(a) ENERGY CRISIS INTERVENTION. -- Section 2604(c) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(c)) is amended --
(1) in the last sentence --
(A) by striking out "and the capacity" and inserting in lieu
thereof "the capacity"; and
(B) by inserting ", and the ability to carry out the program in
local communities" before the period at the end thereof; and
(2) by adding at the end thereof the following:
"The program for which funds are reserved under this subsection shall --
"(1) not later than 48 hours after a household applies for
energy crisis benefits, provide some form of assistance that will
resolve the energy crisis if such household is eligible to receive
such benefits;
"(2) not later than 18 hours after a household applies for
crisis benefits, provide some form of assistance that will resolve
the energy crisis if such household is eligible to receive such
benefits and is in a life-threatening situation; and
"(3) require each entity that administers such program --
"(A) to accept applications for energy crisis benefits at sites
that are geographically accessible to all households in the area
to be served by such entity; and
"(B) to provide to low-income individuals who are physically
infirm the means --
"(i) to submit applications for energy crisis benefits without
leaving their residences; or
"(ii) to travel to the sites at which such application are
accepted by such entity.
The preceding sentence shall not apply to a program in a geographical
area affected by a natural disaster in the United States designated by
the Secretary, or by a major disaster or emergency designated by the
President under the Disaster Relief Act of 1974, "42 USC 5121 note" for
so long as such designation remains in effect, if the Secretary
determines that such disaster or such emergency makes compliance with
such sentence impracticable.".
(b) ISSUANCE OF RULES. -- Not later than 60 days after the date of
the enactment of this Act, "42 USC 8623 note" the Secretary of Health
and Human Services shall issue rules to carry out the amendments made by
subsection (a).
Section 2604(d)(2) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8623(d)(2)) is amended --
(1) by striking out "in such State with respect to which a
determination under this subsection is made" and inserting in lieu
thereof "and residing within the State on the reservation of the
tribes or on trust lands adjacent to such reservation";
(2) by inserting before the period at the end of such section a
comma and the following: "or such greater amount as the Indian
tribe and the State may agree upon"; and
(3) by adding at the end thereof the following:
"In cases where a tribe has no reservation, the Secretary, in
consultation with the tribe and the State, shall define the number of
Indian households for the determination under this paragraph."
(a) STATE PROCEDURES. -- Section 2605(b)(5) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(5)) is amended by
striking out "in a manner consistent with the efficient and timely
payment of benefits" and inserting in lieu thereof "in a timely manner".
(b) CONFORMING AMENDMENTS. -- Section 2605(b) of the Low-Income Home
Energy Act of 1981 (42 U.S.C. 8624(b)) is amended --
(1) by striking out clauses (14), (15), and (16);
(2) by inserting "and" at the end of clause (13); and
(3) by redesignating clause (17) as clause (14).
(c) CONTENTS OF STATE PLAN. -- Section 2605(c)(1) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)(1)) is amended by
striking out clauses (A) through (E) and inserting in lieu thereof the
following:
"(A) describes the eligibility requirements to be used by the
State for each type of assistance to be provided under this title,
including criteria for designating an emergency under section
2604(c);
"(B) describes the benefit levels to be used by the States for
each type of assistance including assistance to be provided for
emergency crisis intervention and for weatherization and other
energy-related home repair;
"(C) contains estimates of the amount of funds the State will
use for each of the programs under such plan and describes the
alternative use of funds reserved under section 2604(c) in the
event any portion of the amount so reserved is not expended for
emergencies;
"(D) describes weatherization and other energy-related home
repair the State will provide under subsection (k);
"(E) describes how the State will carry out assurances in
clauses (3), (4), (5), (6), (7), (8), (10), (12), and (13) of
subsection (b); and
"(F) contains any other information determined by the Secretary
to be appropriate for purposes of this title.".
(d) MODEL STATE PLAN FORMAT. -- Section 2605(c) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)) is amended by
adding at the end thereof the following new paragraph:
"(3) Not later than April 1 of each fiscal year the Secretary shall
make available to the States a model State plan format that may be used,
at the option of each State, to prepare the plan required under
paragraph (1) for the next fiscal year.".
(e) CONSISTENT TREATMENT OF ENERGY ASSISTANCE PAYMENTS. -- Section
2605(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)) is amended --
(1) by inserting "(1)" after the subsection designation;
(2) by striking out "provided to" and inserting in lieu thereof
"provided directly to, or indirectly for the benefit of,"; and
(3) by adding at the end thereof the following:
"(2) For purposes of paragraph (1) of this subsection and for
purposes of determining any excess shelter expense deduction under
section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) --
"(A) the full amount of such payments or allowances shall be
deemed to be expended by such household for heating or cooling
expenses, without regard to whether such payments or allowances
are provided directly to, or indirectly for the benefit of, such
household; and
"(B) no distinction may be made among households on the basis
of whether such payments or allowances are provided directly to,
or indirectly for the benefit of, any of such households.".
AND TRAINING.
(a) AUTHORITY TO MAKE GRANTS AND CONTRACTS. -- The Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) is amended by
inserting after section 2609 the following new section:
"SEC. 2609A. "42 USC 8628a" (a) Of the amounts appropriated under
section 2602(b) for any fiscal year, not more than $500,000 of such
amounts may be reserved by the Secretary --
"(1) to make grants to State and public agencies and private
nonprofit organizations; or
"(2) to enter into contracts or jointly financed cooperative
arrangements with States and public agencies and private nonprofit
organizations;
to provide for training and technical assistance related to the purposes
of this subtitle, including collection and dissemination of information
about programs and projects assisted under this subtitle, and ongoing
matters of regional or national significance that the Secretary finds
would assist in the more effective provision of services under this
title.
"(b) No provision of this section shall be construed to prevent the
Secretary from making a grant pursuant to subsection (a) to one or more
private nonprofit organizations that apply jointly with a business
concern to receive such grant.".
(b) TECHNICAL AMENDMENTS. -- Section 2604(a)(1) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)(1)) is amended --
(1) in subparagraph (A) by inserting "after reserving any
amount permitted to be reserved under section 2609A and" after
"remaining"; and
(2) in subparagraph (B) by inserting "after reserving any
amount permitted to be reserved under section 2609A" after
"therefor".
Section 2610(b) of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8629(b)) is amended by inserting before the period at the end
thereof the following: ", and a report that describes for the prior
fiscal year --
"(1) the manner in which States carry out the requirements of
clauses (2), (5), (8), and (15) of section 2605(b); and
"(2) the impact of each State's program on recipient and
eligible households".
This title may be cited as the "Child Development Associate
Scholarship Assistance Act of 1985". "42 USC 10901"
The Secretary is authorized to make a grant for any fiscal year to
any State receiving a grant under title XX of the Social Security Act
for such fiscal year to enable such State to award scholarships to
eligible individuals within the State who are candidates for the Child
Development Associate credential.
(a) APPLICATION REQUIRED. -- A State desiring to participate in the
grant program established by this title shall submit an application to
the Secretary in such form as the Secretary may require.
(b) CONTENTS OF APPLICATIONS. -- A State's application shall contain
appropriate assurances that --
(1) scholarship assistance made available with funds provided
under this title will be awarded --
(A) only to eligible individuals;
(B) on the basis of the financial need of such individuals;
and
(C) in amounts sufficient to cover the cost of application,
assessment, and credentialing for the Child Development Associate
credential for such individuals; and
(2) not more than 10 percent of the funds received by the State
under this title will be used for the costs of administering the
program established in such State to award such assistance.
(c) EQUITABLE DISTRIBUTION. -- In making grants under this title,
the Secretary shall --
(1) distribute such grants equitably among States; and
(2) ensure that the needs of rural and urban areas are
appropriately addressed. "42 USC 10903"
For purposes of this title --
(1) the term "eligible individual" means a candidate for the
Child Development Associate credential whose income does not
exceed the poverty line, as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)), by more
than 50 percent;
(2) the term "Secretary" means the Secretary of Health and
Human Services; and
(3) the term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, and Palau.
(a) REPORTING. -- Each State receiving grants under this title shall
annually submit to the Secretary information on the number of eligible
individuals assisted under the grant program, and their positions and
salaries before and after receiving the Child Development Associate
credential.
(b) PAYMENTS. -- Payments pursuant to grants made under this title
may be made in installments, and in advance or by way of reimbursement,
with necessary adjustments on account of overpayments or underpayments,
as the Secretary may determine.
There is authorized to be appropriated $1,500,000 for each of the
fiscal years 1987, 1988, 1989, and 1990 for carrying out this title.
SEC. 701. TECHNICAL AMENDMENTS.
Section 604(b) of the Excellence in Education Act (20 U.S.C. 4033(
b)) is amended --
(1) in paragraph (2) by inserting after "fiscal year" the
second place it appears the following: "in which the
appropriations for that year exceed $15,000,000"; and
(2) in paragraph (3) by inserting after "fiscal year" the
second place it appears the following: "in which the
appropriations for that year exceed $15,000,000".
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Labor shall --
(1) determine whether a change in the permissible hours of
employment for batboys and batgirls would be detrimental to their
well-being and whether any such change should be proposed to the
Congress; and
(2) submit a report to the President pro tempore of the Senate
and the Speaker of the House of Representatives describing the
results of such determination.
(a) STUDY. -- The Secretary of Education (hereinafter in this title
referred to as the "Secretary") shall conduct a study in order to
compile a complete list, by name, of beginning reading instruction
programs and methods, including phonics, indicating --
(1) the average cost per pupil of such programs and methods;
and
(2) whether such programs and methods do or do not present
well-designed instruction as recommended in the report of the
Commission on Reading entitled "Becoming a Nation of Readers".
The listing required by this section shall be written in such a way as
to be understandable to the general public.
(b) PUBLIC COMMENT. -- In carrying out the study required by this
section, the Secretary shall solicit public comments on beginning
reading programs and methods.
(c) REPORTS. -- The Secretary shall prepare and submit to the
Congress such interim reports of the study and listing as the Secretary
deems advisable. The Secretary shall prepare and submit a final report
containing the listing required by this subsection to the Congress not
later than 12 months after the date of the enactment of this Act. The
Secretary shall publicize and disseminate nationally the listing
required by this section to the education community, parents, and other
interested persons.
APPLICATION
OF AMENDMENTS.
(a) GENERAL EFFECTIVE DATE. -- Except as provided in subsections (b)
and (c), this Act and the amendments made by this Act shall take effect
on October 1, 1986, or the date of the enactment of this Act, whichever
occurs later.
(b) EFFECTIVE DATE FOR ENERGY CRISIS INTERVENTION AMENDMENTS. -- The
amendments made by section 502(a) shall take effect on December 1, 1986,
or 60 days after the date of the enactment of this Act, whichever occurs
later.
(c) APPLICATION OF CERTAIN OTHER AMENDMENTS RELATING TO ENERGY
ASSISTANCE. -- The amendments made by subsections (a), (b), (c), and
(d) of section 504 shall not apply with respect to any fiscal year
beginning in or before the 60-day period ending on the effective date of
this Act.
Approved September 30, 1986.
LEGISLATIVE HISTORY -- H.R. 4421 (S. 2444):
HOUSE REPORTS: No. 99-545 (Comm. on Education and Labor) and No.
99-815 (Comm. of Conference).
SENATE REPORTS: No. 99-327 accompanying S. 2444 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, considered and
passed House. July 14, considered and passed Senate, amended, in lieu
of S. 2444. Sept. 16, House agreed to conference report. Sept. 17,
Senate agreed to conference report.
Public Law 99-424, 100 Stat. 964
This Act may be cited as the "Executive Exchange Program Voluntary
Services Act of 1986".
For the purposes of this Act --
(1) the term "Government" means the Government of the United
States;
(2) the term "participant in an executive exchange program"
means an executive, manager, or other individual from the private
sector participating in an executive exchange program administered
by the President's Commission on Executive Exchange (described in
Executive Order 12493, dated December 5, 1984) "5 USC 4103 note"
or by a successor entity in function;
(3) the term "agency" means an Executive agency (as defined by
section 105 of title 5, United States Code), the United States
Postal Service, and the Postal Rate Commission; and
(4) the term "employee of the Government" means an individual
employed in or under an agency.
(a) The President may establish an experimental program, to be
conducted during fiscal years 1987 through 1989, under which voluntary
services may be accepted by the Government, without regard to section
1342 of title 31, United States Code.
(b) Under the program, the voluntary services of an individual may be
accepted if --
(1) such individual is a participant in an executive exchange
program;
(2) the acceptance of such services will not result in the
displacement of any employee of the Government; and
(3) the voluntary services will be performed in or under an
agency.
(c)(1) An individual performing voluntary services under the
experimental program shall, for purposes of any laws, rules, and
regulations of the United States (including those relating to conflicts
of interest, financial disclosure, and standards of conduct) be
considered an individual employed in or under the agency to which
assigned, except that such individual shall not be covered by chapter
51, 53, 63, 83, 87, or 89 of title 5, United States Code, "5 USC 5101 et
seq., 5301 et seq., 6301 et seq., 8301 et seq., 8701 et seq., 8901 et
seq" or any comparable provision relating to pay, leave, retirement,
life insurance, or health benefits for employees of the Government.
(d) Not more than ten individuals may commence participation in the
experimental program during any fiscal year.
(e)(1) Nothing in this Act shall prevent --
(A) the continuation of pay and other benefits from the
private-sector employer, or
(B) continued participation in a bona fide pension, retirement,
group life, health or accident insurance, profit-sharing, stock
bonus, or other employee welfare or benefit plan maintained by the
private-sector employer,
for an individual performing voluntary services in the experimental
program.
(2) For the purpose of this section, the term "private-sector
employer", as used with respect to an individual, means the corporation
or other person by which such individual was employed immediately before
beginning to perform voluntary services in the experimental program.
Not later than March 31, 1989, the General Accounting Office shall
transmit to the Congress a report on the experimental program under this
Act. The report shall include a description of the administration of
the program, the findings of the General Accounting Office relating to
the advantages and disadvantages of accepting voluntary services from
participants in an executive exchange program, and recommendations for
legislation (if any) relating to the continuation of the program.
Approved September 30, 1986.
LEGISLATIVE HISTORY -- H.R. 3002:
HOUSE REPORTS: No. 99-505 (Comm. on Post Office and Civil Service).
SENATE REPORTS: No. 99-409 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 8, considered and passed
House. Sept. 11, considered and passed Senate, amended. Sept. 16,
House concurred in Senate amendment.
Public Law 99-423, 100 Stat. 963
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Board of
Regents of the Smithsonian Institution is authorized to plan and
construct facilities for the Smithsonian Astrophysical Observatory and
the Smithsonian Tropical Research Institute.
SEC. 2. Effective October 1, 1986, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution:
(a) $4,500,000 for the Smithsonian Astrophysical Observatory;
and
(b) $11,100,000 for the Smithsonian Tropical Research
Institute.
SEC. 3. Any portion of the sums appropriated to carry out the
purposes of this Act may be transferred to the General Services
Administration which, in consultation with the Smithsonian Institution,
is authorized to enter into contracts and take such other action, to the
extent of the sums so transferred to it, as may be necessary to carry
out such purposes.
Approved September 30, 1986.
LEGISLATIVE HISTORY -- H.R. 1483:
SENATE REPORTS: No. 99-189 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 7, considered and
passed House. Vol. 132 (1986): June 24, considered and passed Senate,
amended. Sept. 18, House concurred in Senate amendments.
Public Law 99-422, 100 Stat. 962
Whereas there are one hundred and one Historically Black Colleges and
Universities in the United States;
Whereas such colleges and universities provide the quality education
so essential to full participation in a complex, highly technological
society;
Whereas black colleges and universities have a rich heritage and have
played a prominent role in American history;
Whereas such institutions have allowed many underprivileged students
to attain their full potential through higher education; and
Whereas the achievements and goals of the Historically Black Colleges
are deserving of national recognition: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of September 15,
1986, through September 21, 1986, is designated as "National
Historically Black Colleges Week" and the President of the United States
is authorized and requested to issue a proclamation calling upon the
people of the United States and interested groups to observe such week
with appropriate ceremonies, activities, and programs, thereby
demonstrating support for Historically Black Colleges and Universities
in the United States.
Approved September 25, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 357:
CONGRESSIONAL RECORD, Vol. 132 (1986): June 13, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-421, 100 Stat. 961
Whereas the American Business Women's Association is a national
educational association that promotes professional and educational
advancement for women;
Whereas the American Business Women's Association awarded $2,900,000
in scholarships to over six thousand women in 1984, and has awarded more
than $18,000,000 in scholarships since 1949;
Whereas the American Business Women's Association has more than one
hundred and ten thousand members and two thousand one hundred chapters
throughout the United States and its territories;
Whereas the American Business Women's Association encourages women to
expand horizons, diversify skills, and set higher personal and career
goals; and
Whereas Congress recognizes the important contributions of American
businesswomen to our Nation's continuing vitality: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That September 22, 1986, is
designated "American Business Women's Day". The President is authorized
and requested to issue a proclamation calling upon the people of the
United States to observe that day with appropriate ceremonies and
activities.
Approved Spetember 25, 1986.
LEGISLATIVE HISTORY -- S.J. Res. 196:
CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and
passed Senate. Sept. 18, considered and passed House.
Public Law 99-420, 100 Stat. 955
In order to protect and conserve the land and water resources of
Acadia National Park in the State of Maine (hereinafter in this title
"16 USC 341 note" referred to as "the Park"), and to facilitate the
administration of the Park, the boundary depicted on the map entitled
"Acadia National Park Boundary Map", numbered 123-80011, and dated May
1986 (hereinafter in this title referred to as "the map") is hereby
established as the permanent boundary for the Park. The map shall be on
file and available for public inspection in the offices of the National
Park Service, Department of the Interior, and it shall be made available
to the Registry of Deeds for Hancock and Knox Counties, Maine.
(a) The Secretary of the Interior (hereinafter in this title "16 USC
341 note" referred to as "the Secretary") is authorized to acquire lands
and interests therein within the boundaries of the Park by donation,
exchange (in accordance with this section), or purchase with donated or
appropriated funds, except that --
(1) any lands or interests therein owned by the State of Maine
or any political subdivision thereof may be acquired only by
donation or exchange; and
(2) privately owned lands or interests therein may be acquired
only with the consent of the owner thereof unless the Secretary
determines that the property is being developed or proposed to be
developed in a manner which is detrimental to the scenic,
historical, cultural, and other values for which the Park was
established.
(b)(1) Not later than 6 months after the enactment of this Act, the
Secretary shall publish specific guidelines under which determinations
shall be made under subsection (a)(2). The Secretary shall provide
adequate opportunity for public comment on such guidelines. The
guidelines shall provide for notice to the Secretary prior to
commencement of any proposed development within the boundaries of the
Park. The Secretary shall provide written notice to the owner of the
property of any determination proposed to be made under subsection (a)(
2) and shall provide the owner a reasonable opportunity to comment on
such proposal.
(2) For purposes of this section, except as provided in paragraph
(3), development or proposed development of private property within the
boundaries of the Park that is significantly different from, or a
significant expansion of, development existing as of November 1, 1985,
shall be considered by the Secretary as detrimental to the values for
which the Park was established.
(3) Reconstruction or expansion of a private or commercial building
shall not be treated as detrimental to the Park or as an incompatible
development within the meaning of this section if such reconstruction or
expansion is limited to one or more of the following:
(A) Reconstruction of an existing building.
(B) Construction of attached or accessory structural additions,
which do not exceed 25 per centum of the square footage of the
principal structure.
(C) Construction of reasonable support development such as
roads, parking facilities, water and sewage systems, and dock
facilities.
(c)(1) The owners of any private property within the Park may, on the
date of its acquisition by the Secretary and as a condition of such
acquisition, retain for himself and his successors or assigns a right to
use and occupancy for a definite term of not more than 25 years, or
ending at the death of the owner, or his spouse, whichever is later.
The owners shall elect the term to be reserved. The Secretary shall pay
to the owner the fair market value of the property on the date of such
acquisition, less the fair market value, of the right retained by the
owner.
(2) Any such right retained pursuant to this subsection shall be
subject to such terms and conditions as the Secretary may prescribe and
may be terminated by the Secretary upon his determination and after
reasonable notice to the owner thereof that such property is being used
for any purpose which is incompatible with the administration of the
Park or with the preservation of the resources therein. Such right
shall terminate by operation of law upon notification to the owner by
the Secretary and tendering to the owner the amount equal to the fair
market value of that portion which remains unexpired.
(d)(1) In exercising his authority to acquire lands by exchange
pursuant to this title, the Secretary may accept title to non-Federal
property located within the boundary of the Park and may convey to the
grantor of such property any federally owned property under the
jurisdiction of the Secretary which lies outside said boundary and
depicted on the map. Properties so exchanged shall be approximately
equal in value, as determined by the Secretary, except that the
Secretary may accept cash from or pay cash to the grantor in such an
exchange in order to equalize the value of the properties exchanged.
(2) Federally owned property under jurisdiction of the Secretary
referred to in paragraph (1) of this subsection which is not exchanged
within 10 years after enactment of this Act, shall be conveyed to the
towns in which the property is located without emcumbrance and without
monetary consideration, except that no town shall be eligible to receive
such lands unless, within 10 years after enactment of this Act, lands
within the Park boundary and owned by the town have been acquired by the
Secretary.
(e) Notwithstanding any other provision of this section, lands
depicted on the map referenced in section 101 and identified as 10DBH
and 11DBH known as the "Bar Harbor Sewage Treatment Plant"; 14DBH known
as the "New Park Street Ballfield"; and 15DBH known as the "Former Park
Headquarters"; shall be conveyed by the Secretary, without monetary
consideration, to the town of Bar Harbor, Maine, within 180 days
following the enactment of this Act. The real property conveyed
pursuant to this subsection shall be used and retained by the town for
municipal and public purposes. Title to the properties conveyed
pursuant to this subsection shall revert to the United States if such
property or any portion thereof is conveyed by the town to another party
or used for purposes other than those specified in this subsection.
(f) Notwithstanding any other provision of this section, land
depicted on the map identified as 4DBH, located in the village of Town
Hill, Maine, shall be conveyed by the Secretary without monetary
consideration, to the town of Bar Harbor, Maine, as soon as practicable
following the enactment of this Act, subject to such terms and
conditions, including appropriate reversionary provisions, as will in
the judgment of the Secretary provide for the development and use of
such property by any town which so desires as a solid waste transfer
station in accordance with a plan that is satisfactory to the town and
the Secretary. The Secretary shall (subject to the availability of
prior appropriations) contribute toward the cost of constructing such
transfer station the lesser of --
(1) $350,000, or
(2) 50 per centum of the cost of such construction.
(g) Notwithstanding any other provision of this section, the
Secretary is authorized to acquire by donation or exchange lands or
interests therein in the area identified on the map as "Schooner Head",
which is outside the boundary of the park. The Secretary is further
authorized to acquire conservation easements on such lands by purchase
with donated or appropriated funds if he determines after written notice
to the owner and after providing a reasonable opportunity to comment on
such notice, that the property is being developed or proposed to be
developed in a manner which is significantly different from or a
significant expansion of development existing as of November 1, 1985, as
defined in subsection (b) of this section.
(h)(1) The Secretary is authorized to acquire conservation easements
by purchase from a willing seller or by donation on parcels of land
adjacent to the Park on Schoodic Peninsula, the islands of Hancock
County, and the islands of Knox County east and south of the Penobscot
Ship Channel, except such islands as lie within the town of Isle au
Haut, Knox County. Parcels subject to conservation easements acquired
or accepted by the Secretary under this subsection must possess one or
more of the following characteristics:
(A) important scenic, ecological, historic, archeological, or
cultural resources;
(B) shorefront property; or
(C) largely undeveloped entire islands.
(2) Conservation easements acquired pursuant to this subsection shall
--
(A) protect the respective scenic, ecological, historic,
archeological, or cultural resources existing on the parcels;
(B) preserve, through setback requirements or other appropriate
restrictions, the open, natural, or traditional appearance of the
shorefront when viewed from the water or from other public
viewpoints; or
(C) limit year-round and seasonal residential and commercial
development to activities consistent with the preservation of the
islands' natural qualities and to traditional resource-based land
use including, but not limited to, fishing, farming, silviculture,
and grazing.
(3) In determining whether to accept or acquire conservation
easements pursuant to this subsection, the Secretary shall consider the
following factors:
(A) the resource protection benefits that would be provided by
the conservation easement;
(B) the public benefit that would be provided by the
conservation easement;
(C) the significance of the easement in relation to the land
planning objectives of local government and regional and State
agencies;
(D) the economic impact of the conservation easement on local
livelihoods, activities, and government revenues; and
(E) the proximity of the parcel to the boundary of the Park and
to other parcels on which the Secretary maintains conservation
easements.
(4) For purposes of this subsection, the term "conservation easement"
means a less-than-fee interest in land or a conservation restriction as
defined in section 476 through 479-B inclusive, as amended, of title 33
of the Maine Revised Statutes of 1964, as in effect on the date of the
enactment of this Act.
(5) No easement may be acquired by the Secretary under this
subsection without first consulting with, and providing written
notification to, the town in which the land is located and the Acadia
National Park Advisory Commission established by section 103 of this
title. In providing such notification, the Secretary shall indicate the
manner and degree to which the easement meets the criteria provided in
this subsection.
(i) Nothing in this section shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title, free
of any and all encumbrances.
(j)(1) Notwithstanding any other provision of this section, the
Secretary shall accept an offer of the following from the Jackson
Laboratory (a not-for-profit corporation organized under the laws of
Maine):
(A) Lands depicted on the map as 55 A ABH which are held in fee
by the Jackson Laboratory.
(B) A conservation easement on lands depicted on the map
identified as 55 ABH (the developed property known as "Highseas").
The easement shall prohibit subdivsion of such land or any
further significant development on such lands, except as permitted
by the guidelines published under section 102(b)(1).
(2) Upon receipt of the lands and easement described in paragraph
(1), the Secretary shall transfer to the Jackson Laboratory the lands
depicted on the map as 8 DBH and 9 DBH. Any disparity in the fair
market value of the lands and easement referred to in paragraph (1) and
the lands described in the preceding sentence shall be equalized as
provided in section 102(d)(1).
(k) For purposes of subsection (a)(2), the construction of one single
family residence on Burnt Porcupine Island by the owner of the Island
shall not be treated as detrimental to the scenic, historic, cultural,
or other values for which the park was established if, before such
construction commences, the Secretary has reviewed and approved plans
for the size, location and architectural design of the structure.
(a) There is hereby established an Acadia National Park Advisory
Commission (hereinafter referred to as "the "Commission"). The
Commission shall be composed of 16 members appointed by the Secretary as
follows:
(1) 3 members at large.
(2) 3 members appointed from among individuals recommended by
the Governor of Maine.
(3) 4 members, appointed from among individuals recommended by
each of the four towns on the island of Mount Desert.
(4) 3 members appointed from among individuals recommended by
each of the three Hancock County mainland communities of
Gouldsboro, Winter Harbor, and Trenton.
(5) 3 members, appointed from among individuals recommended by
each of the three island towns of Cranberry Isles, Swans Island,
and Frenchboro.
(b) The terms of the Commission members shall be 3 years except that,
for initial appointments under each paragraph, one member shall serve
for a term of one year, and one member shall serve for a term of 2
years.
(c) The Commission shall elect its own chairman and adopt its own
bylaws. Any vacancy on the Commission shall be filled in the same
manner in which the original appointment was made.
(d) Members of the Commission shall serve without compensation as
such, except that the Secretary is authorized to pay the expenses
reasonably incurred by the Commission in carrying out its
responsibilities under this title.
(e) The Secretary shall consult with the Commission on matters
relating to the management and development of the Park, including but
not limited to each of the following:
(1) The acquisition of lands and interests in lands (including
conservation easements on islands).
(2) Termination of rights of use and occupancy.
(f) The Commission established under this section shall terminate 20
years after the enactment of this Act.
(a) Notwithstanding any other provision of law, Federal property
located on Bear Island in the town of Cranberry Isle shall, with the
concurrence of the agency having custody thereof, be transferred without
consideration to the administrative jurisdiction of the Secretary for
use by him in carrying out the provisions of the title. Such Federal
property shall not be developed by the Secretary in a manner which would
provide for or encourage intensive visitor use.
(b) The Secretary is authorized to make improvements to the Federal
property on Bear Island as he deems appropriate for the protection of
adjacent private property.
The provisions of this title shall not apply to those portions of the
Park lying within the Town of Isle au Haut, Maine, which lands shall
continue to be governed by the provisions of Public Law 97-335. "16 USC
341 note"
APPROPRIATIONS.
(a) Effective October 1, 1986, there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this title, but not to exceed $9,100,000 for acquisition of lands and
interests therein.
(b) For the purposes of paragraph 7(a)(3) of the Land and Water
Conservation Fund Act of 1965 as amended (16 U.S.C. 4601-9), the
statutory ceiling provided in subsection (a) shall be deemed to have
been enacted prior to the convening of the Ninety-fifth Congress.
(a) Notwithstanding the limitation in subsection 3(d) of the Act of
October 20, 1976 "31 USC 6904" (90 Stat. 2662) payments in the manner
provided in section 3 of that Act shall be made to the appropriate units
of local government having jurisdiction over lands with the boundary of
the Park. Such payments shall be made only for a period of 12 years.
(b) Payments received by the units of local government pursuant to
this section shall be used only for fire protection, police protection,
solid waste management, and road maintenance and improvement.
(c) Payments pursuant to this section may be made only from funds
appropriated therefor. Such payments shall be in addition to and not in
place of any other funds or form of Federal assistance to which the
units of local government are entitled.
Section 8(a) of the Act of August 7, 1961 (Public Law 87-126; 75
Stat. 292) "16 USC 459b-7" is amended by striking out "ten years" and
substituting "30 years".
Approved September 25, 1986.
LEGISLATIVE HISTORY -- S. 720:
HOUSE REPORTS: No. 99-572 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-198 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and
passed Senate. Vol. 132 (1986): May 5, considered and passed House,
amended. June 6, Senate concurred in House amendment with amendments.
July 24, House concurred in certain Senate amendments, in another with
an amendment. Sept. 11, Senate receded from its amendment.
Public Law 99-419, 100 Stat. 954
Whereas the Federal Government and the housing industry have worked
together to enable a substantial majority of Americans to live in
adequate housing;
Whereas living in adequate housing strengthens the family and the
community;
Whereas, following every economic recession since World War II, the
housing industry has helped the United States to achieve economic
recovery by creating millions of jobs for the unemployed, creating
demand for goods and services, and generating billions of dollars in tax
revenues;
Whereas adequate housing is one of the basic needs of all
individuals, and providing for the availability of affordable housing is
an important policy of the Federal Government and the governments of the
States; and
Whereas it is appropriate to reaffirm the historic national
commitment to providing for the availability of adequate housing and the
opportunity to own a home, and to recognize the economic benefits
resulting from the activities of the housing industry: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of October 19,
1986, through October 26, 1986, is designated "National Housing Week",
and the President of the United States is authorized and requested to
issue a proclamation calling upon the people of the United States to
observe such week with appropriate ceremonies and activities.
Approved September 25, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 692:
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 13, considered and
passed House. Sept. 12, considered and passed Senate.
Public Law 99-418, 100 Stat. 952
POLICY.
(a) FINDINGS. -- The Congress finds that --
(1) Aaron Copland has contributed to American music as a
composer, a pianist, a lecturer, an author, and an organizer of
various musical societies;
(2) Aaron Copland has composed patriotic musical works, such as
"Lincoln Portrait", which was composed during World War II as a
patriotic tribute to the United States and distributed worldwide;
(3) Aaron Copland has enjoyed great popularity and critical
acclaim as evidenced by his receiving many awards, including a
Guggenheim Fellowship, a Pulitzer Prize, an Academy Award, and the
Presidential Medal of Freedom; and
(4) Aaron Copland is referred to as the "dean" of American
musical composition as the result of his contributions to American
music.
(b) STATEMENT OF POLICY. -- The incomparable contributions of Aaron
Copland to American musical composition should be recognized by awarding
him a special congressional gold medal.
MEDAL.
The President is authorized to present on behalf of the Congress 1
gold medal of appropriate design to Aaron Copland.
PRODUCTION AND SALE OF BRONZE MEDALS.
(a) PRODUCTION OF GOLD MEDAL. -- The Secretary of the Treasury shall
coin 1 gold medal and shall deliver the medal to the President for
presentation under section 2. The gold medal shall contain suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(b) PRODUCTION AND SALE OF BRONZE DUPLICATE MEDALS. -- The Secretary
of the Treasury may coin and sell bronze medals which are duplicates of
the gold medal coined pursuant to subsection (a) under such regulations
as the Secretary may prescribe, at a price sufficient to cover the cost
of the gold medal and such duplicates, including the cost of labor,
materials, dies, use of machinery, and overhead.
APPROPRIATIONS.
There are authorized to be appropriated for any fiscal year beginning
on or after October 1, 1986, not to exceed $20,000 to carry out the
purposes of this Act.
The medals provided for in this Act are national medals for the
purpose of section 5111 of title 31, United States Code.
Approved September 23, 1986.
LEGISLATIVE HISTORY -- S. 2462 (H.R. 3041):
CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and
passed Senate. Sept. 9, H.R. 3041 considered and passed House;
proceedings vacated and S. 2462 passed in lieu.
Public Law 99-417, 100 Stat. 951
Whereas more than half of the children in the United States are in
families in which both parents are in the work force;
Whereas more than one in five children in the United States are in a
one-parent family;
Whereas changes in the composition of American families and the
American work force have resulted in an increased demand for child care
for children of all ages;
Whereas the demand for child care for school-age children has
increased at a greater rate than the availability of school-age child
care;
Whereas estimates show that millions of school-age children between
the ages of six and thirteen, often referred to as latchkey children,
may return alone after school to an empty house or in the supervision of
a slightly older brother or sister;
Whereas research studies have indicated that children in self and
sibling care run greater physical and psychological risks, including
accidents and feelings of fear and loneliness, than children who are
cared for by an adult;
Whereas the Congress has begun to examine the issue of child care and
the role of Federal and State government, the private sector, and
parents in providing child care;
Whereas the parents, communities, employers, and agencies serving
youth that have recognized the shortage of adequate and affordable
school-age child care have developed after school programs for children
in their communities; and
Whereas many more parents, communities, employers, and agencies
serving youth need to address the problems facing these children and to
maximize the use of State and Federal resources in collaboration with
these efforts: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
September 15, 1986, is hereby designated as "National School-Age Child
Care Awareness Week" and the President is hereby authorized and
requested to issue a proclamation calling upon the people of the United
States to observe such week with appropriate programs and activities.
Approved September 23, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 60:
CONGRESSIONAL RECORD: Vol. 131 (1985): Aug. 1, considered and
passed House. Vol. 132 (1986): Sept. 12, considered and passed Senate,
amended. Sept. 18, House concurred in Senate amendments.
Public Law 99-416, 100 Stat. 950
AS THE "FRANKLIN EDDY CANAL."
The Closed Basin Conveyance Channel of the Closed Basin Division, San
Luis Valley Project, Colorado, constructed, operated, and maintained
under Public Law 92-514, "86 Stat. 964" as amended, hereafter shall be
known and designated as the "Franklin Eddy Canal.".
Any reference in any law, regulation, document, record, map, or other
paper of the United States to the channel referred to in section 1 is
hereby deemed to be a reference to the "Franklin Eddy Canal.".
Approved September 23, 1986.
LEGISLATIVE HISTORY -- H.R. 3443:
HOUSE REPORTS: No. 99-297 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 99-233 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 9, considered and
passed House. Vol. 132 (1986): Sept. 10, considered and passed Senate.
Public Law 99-415, 100 Stat. 947
This Act may be cited as the "Anglo-Irish Agreement Support Act of
1986".
(a) FINDINGS. -- The Congress finds that the Anglo-Irish Agreement
is a clear demonstration of the determination of the Government of the
United Kingdom and the Government of Ireland to make progress concerning
the complex situation in Northern Ireland. The Congress strongly
supports the Anglo-Irish Agreement and is particularly encouraged that
these two neighboring countries, long-standing friends of the United
States, have joined together to rebuild a land that has too often been
the scene of economic hardship and where many have suffered severely
from the consequences of violence in recent years. In recognition of our
ties of kinship, history, and commitment to democratic values, the
Congress believes the United States should participate in this renewed
commitment to social and economic progress in Northern Ireland and
affected areas of Ireland.
(b) PURPOSES. -- It is, therefore, the purpose of this Act to
provide for United States contributions in support of the Anglo-Irish
Agreement, such contributions to consist of economic support fund
assistance for payment to the International Fund established pursuant to
the Anglo-Irish Agreement, as well as other assistance to serve as an
incentive for economic development and reconciliation in Ireland and
Northern Ireland. The purpose of these United States contributions
shall be to support the Anglo-Irish Agreement in promoting
reconciliation in Northern Ireland and the establishment of a society in
Northern Ireland in which all may live in peace, free from
discrimination, terrorism, and intolerance, and with the opportunity for
both communities to participate fully in the structures and processes of
government.
FUND.
(a) FISCAL YEAR 1986. -- Of the amounts made available for the
fiscal year 1986 to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 "22 USC 2346" (relating to the economic support
fund), $50,000,000 shall be used for United States contributions to the
International Fund. Pending the formal establishment of the
International Fund and submission of the certification required by
section 5(c) of this Act, these funds may, pursuant to an agreement with
the Government of the United Kingdom and the Government of Ireland, be
disbursed into and maintained in a separate account.
(b) FISCAL YEARS 1987 AND 1988. -- Of the amounts made available for
each of the fiscal years 1987 and 1988 to carry out that chapter,
$35,000,000 shall be used for United States contributions to the
International Fund; and that amount is hereby authorized to be
appropriated for each of those fiscal years to carry out that chapter
(in addition to amounts otherwise authorized to be appropriated).
Amounts appropriated pursuant to this subsection are authorized to
remain available until expended.
(a) AVAILABLE AUTHORITIES. -- In addition to other available
authorities, the following authorities may be used to provide assistance
or other support to carry out the purposes of section 2 of this Act:
(1) Section 108 of the Foreign Assistance Act of 1961 "22 USC
2151f" (relating to the Private Sector Revolving Fund).
(2) Sections 221 through 223 of that Act "22 USC 2181-2183"
(relating to the Housing Guaranty Program).
(3) Title IV of chapter 2 of part I of that Act "22 USC 2191"
(relating to the Overseas Private Investment Corporation), without
regard to the limitation contained in paragraph (2) of the second
undesignated paragraph of section 231 of that Act.
(4) Section 661 of that Act "22 USC 2421" (relating to the
Trade and Development Program).
(b) OTHER LAWS. -- Assistance under this Act may be provided without
regard to any other provision of law.
UNITED STATES CONTRIBUTIONS.
(a) PROMOTING ECONOMIC AND SOCIAL RECONSTRUCTION AND DEVELOPMENT. --
The United States contributions provided for in this Act may be used
only to support and promote economic and social reconstruction and
development in Ireland and Northern Ireland. The restrictions contained
in sections 531(e) and 660(a) of the Foreign Assistance Act of 1961 "22
USC 2346-2420" apply with respect to any such contributions.
(b) UNITED STATES REPRESENTATION ON THE BOARD OF THE FUND. -- The
President shall make every effort, in consultation with the Government
of the United Kingdom and the Government of Ireland, to ensure that
there is United States representation on the Board of the International
Fund.
(c) PRIOR CERTIFICATIONS. -- Each fiscal year, the United States may
make contributions to the International Fund only if the President
certifies to the Congress that he is satisfied that --
(1) the Board of the International Fund, as a whole, is broadly
representative of the interests of the communities in Ireland and
Northern Ireland; and
(2) disbursements from the International Fund --
(A) will be distributed in accordance with the principle of
equality of opportunity and nondiscrimination in employment,
without regard to religious affiliation; and
(B) will address the needs of both communities in Northern
Ireland.
Each such certification shall include a detailed explanation of the
basis for the President's decision.
At the end of each fiscal year in which the United States Government
makes any contribution to the International Fund, the President shall
report to the Congress on the degree to which --
(1) the International Fund has contributed to reconciliation
between the communities in Northern Ireland;
(2) the United States contribution to the International Fund is
meeting its objectives of encouraging new investment, job
creation, and economic reconstruction on the basis of strict
equality of opportunity; and
(3) the International Fund has increased respect for the human
rights and fundamental freedoms of all people in Northern Ireland.
ORGANIZATIONS AND CONFERENCES".
(a) DISBURSEMENTS, AUDITS, AND REPORTS. -- The provisions relating
to disbursements on vouchers, audits, and submission of reports with
respect to expenditures pursuant to the Joint Resolution of July 11,
1956 (Public Law 689), "22 USC 1928a" shall also apply with respect to
expenditures pursuant to section 109(c) of the Act of November 22, 1983
(Public Law 98-164) "97 Stat. 1019."
(b) FUNDS SUBJECT TO REQUIREMENTS. -- That section is amended --
(1) by striking out "In addition to" and inserting in lieu
thereof "Of";
(2) by striking out "by section 102(2)" and all that follows
through "1985" and inserting in lieu thereof "for each fiscal
year";
(3) by inserting "may be used" before "for expenses"; and
(4) by striking out all that follows "participation in" through
"such as".
As used in this Act --
(1) the term "Anglo-Irish Agreement" means the Agreement
Between the Government of Ireland and the Government of the United
Kingdom dated November 15, 1985; and
(2) the term "International Fund" means the international fund
for economic development projects in Northern Ireland and Ireland,
established pursuant to Article 10 of the Anglo-Irish Agrement.
Approved September 19, 1986.
LEGISLATIVE HISTORY -- H.R. 4329:
CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 11, considered and
passed House. Aug. 13, considered and passed Senate, amended. Aug. 14,
House concurred in Senate amendments.
Public Law 99-414, 100 Stat. 946
Whereas a fundamental principle of the American system of government
is that the people of the United States should participate in the
governing process;
Whereas the people of the United States, in order to participate
effectively in the governing process, require free access to information
about the activities and decisions of Federal agencies;
Whereas section 552 of title 5, United States Code, commonly known as
the Freedom of Information Act, helps provide the people of the United
States with free access to such information;
Whereas the Freedom of Information Act became law in 1966, and 1986
is the 20th anniversary of the Act;
Whereas the commemoration of the Freedom of Information Act should
include efforts to educate the people of the United States with respect
to the substance and principles of the Act;
Whereas such efforts should be made by schools in the United States;
and
Whereas the week beginning September 7 is the week in which many
students begin the academic year: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
September 7, 1986, is designated "National Freedom of Information Act
Awareness Week", and the President of the United States is authorized
and requested to issue a proclamation calling upon Federal, State, and
local government officials and the people of the United States to
observe such week with appropriate ceremonies and activities.
Approved September 16, 1986.
LEGISLATIVE HISTORY -- H.J. Res. 580:
CONGRESSIONAL RECORD, Vol. 132 (1986): June 11, considered and
passed House, Sept. 10, considered and passed Senate.
Public Law 99-413, 100 Stat. 944
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
PETROLEUM RESERVES.
(a) RATE OF PRODUCTION. -- (1) Section 7422(c)(1) of title 10,
United States Code, is amended by striking out subparagraph (B) and
inserting in lieu thereof the following:
"(B) to produce, during any extension of a period under
paragraph (2), such reserves --
"(i) at the maximum efficient rate consistent with sound
engineering practices; or
"(ii) at a lesser rate consistent with sound engineering
practices and the protection, conservation, maintenance, and
testing of such reserves if the Secretary determines that the
minimum price described in section 7430(b)(2) of this title cannot
be attained for the United States share of petroleum produced from
such Reserves;".
(2) Section 7422(c) of such title is amended by striking out
paragraph (3).
(b) MINIMUM PRICE. -- Section 7430(b) of such title is amended --
(1) by striking out "(b) Notwithstanding" and inserting in lieu
thereof "(b)(1) Subject to paragraph (2) and notwithstanding";
and
(2) by adding at the end the following paragraph:
"(2) The Secretary may not sell any part of the United States share
of petroleum produced from Naval Petroleum Reserves Numbered 1, 2, and 3
at a price less than the higher of --
"(A) 90 percent of the current sales price, as estimated by the
Secretary, of comparable petroleum in the same area; or
"(B) the price of petroleum being purchased for the Strategic
Petroleum Reserve, minus the cost of transporting petroleum from
the naval petroleum reserve concerned to the nearest storage area
of the Strategic Petroleum Reserve, with adjustments for the
difference in the quality of the petroleum being purchased for the
Strategic Petroleum Reserve and petroleum being purchased from the
naval petroleum reserve concerned.".
(c) NOTICE PERIOD. -- Section 7430(g)(2) of such title is amended by
striking out "30 days" and "30-day" and inserting in lieu thereof "15
days" and "15-day", respectively.
Public Law 99-412, 100 Stat. 932
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the "Conservation Service Reform Act of
1986".
Section 102(a) of the National Energy Conservation Policy Act (42 U.
S.C. 8201(a)) (relating to findings) is amended to read as follows:
"(a) FINDINGS. -- The Congress finds that --
"(1) the United States has survived a period of energy shortage
and has made significant progress toward improving energy
efficiency in all sectors of the economy;
"(2) effective measures must continue to be taken by the
Federal Government and other users and suppliers of energy to
control the rate of growth of demand for energy and the efficiency
of its use;
"(3) the continuation of this effort will permit the United
States to become increasingly independent of the world oil market,
less vulnerable to interruption of foreign oil supplies, and more
able to provide energy to meet future needs; and
"(4) all sectors of the economy of the United States should
continue to reduce significantly the demand for nonrenewable
energy resources such as oil and natural gas by implementing and
maintaining effective conservation measures for the efficient use
of these and other energy sources.".
(a) INFORMATION REQUIREMENTS MADE APPLICABLE UNTIL JUNE 30, 1989. --
(1) Section 215(a) and section 217(a)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8216(a) and 42 U.S.C. 8218(a)(1))
relating to utility programs and home heating supplier programs) are
amended by striking out "January 1, 1985" each place it appears and
inserting in lieu thereof "June 30, 1989 (but not more often than once
during the period beginning on the date of the enactment of the
Conservation Service Reform Act of 1986 and ending on June 30, 1989)".
(2)(A) Section 215(d) of such Act (42 U.S.C. 8216(d)) is amended by
striking out "January 1, 1985" and inserting in lieu thereof "June 30,
1989".
(B) The amendment made by subparagraph (A) shall apply only with
respect to persons who become customers of a utility after the date of
the enactment of this Act.
(b) ELIMINATION OF REQUIREMENTS THAT PUBLIC UTILITIES ARRANGE FOR
INSTALLATION OF SUGGESTED MEASURES AND FOR RELATED LOANS; ELIMINATION
OF LISTING REQUIREMENTS. --
(1) Section 215(b) of such Act (42 U.S.C. 8216(b)) (relating to
project manager requirements) is amended --
(A) by striking out "Each utility program shall include"
through "procedures" and inserting in lieu thereof "Each utility
program shall include procedures";
(B) by striking out "to" through "inspect" and inserting in
lieu thereof "to inspect"; and
(C) by striking out "inspection;" and all that follows and
inserting in lieu thereof "inspection.".
(2) Section 217(a)(2) of such Act (42 U.S.C. 8218(a)(2))
(relating to home heating supplier programs) is amended --
(A) by striking out "will -- " through "inspect" and inserting
in lieu thereof "will inspect"; and
(B) by striking out "installing, suggested measures;" and all
that follows and inserting in lieu thereof "installing, suggested
measures.".
(3) Section 213(a) of such Act (42 U.S.C. 8214(a)) (relating to
general plan requirements) is amended --
(A) by striking out paragraphs (2) and (3); and
(B) by redesignating paragraphs (4) through (9) as paragraphs
(2) through (7), respectively.
(c) RULES. -- Section 212(b)(2) of such Act (42 U.S.C. 8213(b)(2))
(relating to rules of the Secretary) is amended --
(1) by striking out subparagraphs (E) and (F), and
(2) by inserting "and" at the end of subparagraph (C).
(d) DEFINITIONS. -- (1) Section 210(9) of such Act (42 U.S.C. 8211(
9)) (relating to definitions) is amended to read as follows:
"(9) The term 'residential building' means any building used
for residential occupancy which is not a new building to which
final standards under section 304(a) of the Energy Conservation
and Production Act apply and which has a system for heating or
cooling, or both.".
(2) Section 212(c)(4) of such Act (42 U.S.C. 8213(c)(4)) (relating to
TVA) is amended to read as follows:
"(4) In the case of the Tennessee Valley Authority or any public
utility with respect to which the Tennessee Valley Authority has
ratemaking authority, the authority otherwise vested in a Governor, a
State regulatory authority, a State agency, or an agency or
instrumentality of a State under this part shall be vested in the
Tennessee Valley Authority.".
(e) EXEMPTION. -- Section 215 of such Act (42 U.S.C. 8216) (relating
to utility programs), as amended by subsection (h)(7) of this section,
is amended by adding at the end the following new subsection:
"(g) EXEMPTION OF CERTAIN MULTIFAMILY BUILDINGS. -- The provisions
of this section shall not apply to any building which has five or more
dwelling units and which does not contain individual meters for the
dwelling units therein.".
(f) EFFECT OF 1986 AMENDMENTS ON APPROVED PLANS FOR PURPOSES OF
FEDERAL STANDBY AUTHORITY. -- Section 219 of such Act (42 U.S.C. 8220)
(relating to Federal standby authority) is amended by adding at the end
thereof the following new subsection:
"(e) PLANS APPROVED BEFORE 1986 AMENDMENTS. -- For purposes of this
section, any residential energy conservation plan which was approved by
the Secretary before the effective date of the Conservation Service
Reform Act of 1986 shall be treated as an approved plan which is
adequately implemented if such plan is adequately implemented in
accordance with the requirements of this Act as amended by the
Conservation Service Reform Act of 1986.".
(g) TEMPORARY EXEMPTIONS. -- Section 218(a) of such Act (42 U.S.C.
8219(a)) (relating to temporary exemptions) is amended by striking out
the last sentence and inserting in lieu thereof the following: "Such
temporary exemption may be granted or renewed until such date as
determined by the Secretary.".
(h) CONFORMING AMENDMENTS. --
(1) Section 210(16) of such Act (42 U.S.C. 8211(16)) is amended
by striking out "215(b)(1)(A)" and inserting in lieu thereof
"215(b)".
(2) Section 212(b)(2)(C) of such Act (42 U.S.C. 8213(b)(2)(C))
is amended by striking out "213(a)(4)" and inserting in lieu
thereof "214(a)(2)".
(3) Section 213(b)(2)(A) of such Act (42 U.S.C. 8214(b)(2)(A))
is amended by striking out "215(b)(1)" and inserting in lieu
thereof "215(b)".
(4) Section 214(b) of such Act (42 U.S.C. 8215(b)) is amended
by striking out "(8)" and inserting in lieu thereof "(6)".
(5) Section 215(a)(3) of such Act (42 U.S.C. 8216(a)(3)) is
amended by striking out "and the lists referred to in section
213(a)(2) and (3)".
(6) Section 215(d) of such Act (42 U.S.C. 8216(d)) is amended
by striking out", the offer required under subsection (b)(1)(A)"
and all that follows and by inserting in lieu thereof "and the
offer required under subsection (b).".
(7) Section 215 of such Act (42 U.S.C. 8216) is amended by
striking out subsection (f) and by redesignating subsection (g) as
subsection (f).
(8) Section 216(c)(1) of such Act (42 U.S.C. 8217(c)(1)) is
amended by striking out subparagraph (A) and by redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively.
(9) Section 216(c)(2)(C) of such Act (42 U.S.C. 8217(c)(2)(C))
is amended by striking out "on the lists referred to in section
213(a)(2)".
(i) STATUTORY CONSTRUCTION. -- Nothing in the amendments made by
subsections (b), (c), (g), and (h) shall prevent implementation of a
plan or program pursuant to the National Energy Conservation Policy Act
as in effect before the date of the enactment of this Act.
(j) EFFECTIVE DATE AND OTHER REQUIREMENTS. --
(1) IN GENERAL. -- The amendments made by this section shall
take effect one hundred and eighty days after the date of the
enactment of this Act.
(2) RULES. -- The Secretary of Energy shall, within the one
hundred and eighty-day period referred to in paragraph (1), amend
the rules promulgated under section 212 of the National Energy
Conservation Policy Act to carry out the amendments made by this
Act.
(3) SPECIAL REQUIREMENT FOR PLANS APPROVED BEFORE 1986
AMENDMENTS. -- The Secretary of Energy shall, with respect to any
residential energy conservation plan approved by the Secretary of
Energy before the effective date (as described in paragraph (1))
of the amendments made by this section, require the appropriate
official in charge of such plan to notify the Secretary of Energy,
within one hundred and twenty days of the date of enactment of
this Act, that the amendments made by subsections (a), (d), and
(e) of this section shall be implemented for the duration of such
plan. The Secretary may not impose any other notice or approval
requirement on a Governor or agency or instrumentality of a State
with respect to such amendments.
SEC. 103. ALTERNATIVE PLANS FOR RESIDENTIAL BUILDINGS.
(a) IN GENERAL. -- The National Energy Conservation Policy Act (42
U.S.C. 8201 et seq.) is amended by inserting the following new sections
after section 225:
"SEC. 226. ALTERNATIVE STATE PLANS.
"(a) IN GENERAL. -- A Governor of any State, any State regulatory
authority, or any agency or instrumentality of a State may elect, to the
extent authorized under State law, to formulate and certify an
alternative State plan for residential buildings under this section.
"(b) CONSEQUENCES OF CERTIFICATION. -- (1) Beginning with the date
on which the certification of a plan is made with respect to a State
under subsection (d) and ending with the date on which a plan is no
longer in effect under this section with respect to such State --
"(A) subsections (a) through (c)(3) of section 212, sections
213 through 215 and sections 217 and 218 shall not apply with
respect to --
"(i) regulated utilities in such State, and
"(ii) nonregulated utilities which are included in the plan;
"(B) section 219 shall apply to utilities described in
subparagraph (A) only to the extent provided for in subsection
(f); and
"(C) sections 212 through 219 shall apply to nonregulated
utilities which are not included in the plan or which have not
received an exemption under section 227.
"(2) Except as provided in subsection (f), any State for which a plan
is certified under subsection (d) shall continue to have such plan in
effect until June 30, 1989.
"(c) CONTENT OF PLAN. -- A plan certified pursuant to this section
shall --
"(1) be designed to result in annual residential energy
conservation savings of 2 percent or more;
"(2) contain the goals established for the plan and an analysis
of the data and rationale used by the entity in charge of
formulating the plan to determine that the plan is likely to
achieve such goals;
"(3) contain adequate procedures to assure that, if a public
utility supplies or installs residential energy conservation
measures, such actions shall be consistent with section 216 and
prices and rates of interest charged shall be fair and reasonable;
and
"(4) contain adequate procedures for preventing unfair,
deceptive, or anticompetitive acts or practices affecting commerce
which relate to the implementation of such plan.
"(d) CERTIFICATION. -- (1) The entity which elects to certify a plan
under this section shall certify, pursuant to a form to be prescribed by
the Secretary (except as provided by paragraph (2)), to the Secretary
that --
"(A) the plan meets the requirements of subsection (c);
"(B) the plan is likely to achieve the goals established for
the plan if it is adequately implemented; and
"(C) the plan will be adequately implemented.
"(2) If a form is not made available by the Secretary within 90 days
after the date of the enactment of this section, the entity in charge of
certifying the plan may make such certification on a form prescribed by
such entity.
"(3) Any certification under this subsection shall include a detailed
explanation of the manner in which the contents of the plan will be
implemented.
"(e) ANNUAL REPORT. -- (1) The entity which certifies a plan under
subsection (d) shall submit an annual report to the Secretary, within 60
days after the end of the 1-year period to which the report relates,
describing the implementation of the plan and the results thereof.
"(2) Such report shall include --
"(A) a statement of the number of residential buildings
receiving benefits under the plan,
"(B) an estimate of the actual energy savings resulting from
the plan and a description of the sources of such savings,
"(C) a statement of the percentage of individuals with low and
moderate incomes who receive benefits under the plan,
"(D) a detailed description of the benefits provided under the
plan and of how the plan is implemented, and
"(E) the names of the entities carrying out the plan.
"(3) The first such report shall be made by an entity within the
14-month period that begins with the date that such entity certified a
plan under this section.
"(f) ADMINISTRATION AND JUDICIAL ENFORCEMENT PROCEEDINGS. -- (1)(A)
At any time more than 1 year after an alternative State plan has been
certified under subsection (d) with respect to a State, any customer of
a utility subject to such alternative State plan may petition the
Secretary of Energy to conduct a public hearing to determine if the
alternative State plan has been adequately implemented. A copy of such
petition shall be transmitted to the entity in charge of the plan on the
same date it is transmitted to the Secretary.
"(B) Within 60 days after the date on which a petition is received
under subparagraph (A), the Secretary shall --
"(i) conduct the hearing requested in such petition; or
"(ii) notify in writing the customer submitting such petition
of the Secretary's reasons for determining that such a hearing is
not justified in the public interest.
"(C) The Secretary shall provide advance notice to the public of any
hearing carried out as a result of a petition submitted under
subparagraph (A). Any determination by the Secretary concerning the
adequacy of the implementation of any alternative State plan shall be on
the record and shall be published in the Federal Register within 60 days
after such determination is made.
"(D) Any person alleging that he is likely to be injured as a result
of a determination by the Secretary under this paragraph may, within 60
days after publication or notification of such determination, institute
an action appealing the determination in the United States Court of
Appeals for the appropriate judicial circuit. The Court shall review
the determination of the Secretary in accordance with the Administrative
Procedures Act, and shall have jurisdiction to affirm, modify, set
aside, in whole or in part, or to remand such determination to the
Secretary for such other action as the Court may direct.
"(2) Except as provided in paragraph (3), if any determination by the
Secretary that the alternative State plan has not been adequately
implemented becomes final and may not be appealed, the Secretary shall,
within 30 days of the date on which the determination may no longer be
appealed, initiate standby authority under section 219 with respect to
such State.
"(3) If a State which had an approved plan in effect under section
212 on the day before the date on which certification was made under
this section informs the Secretary in writing, within 30 days after
receiving a copy of the petition described in paragraph (1), that it
will no longer implement a plan certified under this section and that it
will implement the approved plan which was in effect in the State on the
day before certification of the alternative plan under this section,
then --
"(A) the determinations and actions described in paragraph (1)
may not be carried out; and
"(B) sections 212 through 219 shall apply in such State except
to the extent that waivers are provided for utilities under
section 227 in such State.
"(g) COVERAGE. -- A plan certified under this section shall not
apply to utilities other than utilities covered under section 211(a).
"(h) INCLUSION OF NONREGULATED UTILITIES. -- A nonregulated utility
may not be included in a plan under this section unless such inclusion
is authorized under State law or the nonregulated utility agrees to such
inclusion.
"(i) INCENTIVES. -- The entity in charge of a plan under this
section, or a State regulatory authority, may, to the extent permitted
under State law, provide incentives for utilities to meet the goals
contained in the State's alternative plan, including providing such
utilities that meet or exceed such goals with a rate of return on
expenditures made for the purpose of accomplishing such goals.
"(j) UTILITIES WITH RETAIL SERVICE TERRITORIES IN MORE THAN 1 STATE.
-- For purposes of this section, any utility with a retail service
territory in more than one State shall be considered to be a separate
utility with respect to each State in which its retail service territory
is located.
"(k) AMENDMENT OF A PLAN. -- (1) Except as provided by paragraph
(2), a plan certified under this section may be amended by any amendment
--
"(A) consistent with the requirements of subsection (c); and
"(B) certified to the Secretary of Energy in a manner
consistent with the requirements applicable to the certification
of a plan under subsection (d).
"(2) A plan certified under this section may not be amended --
"(A) during the first year after it is certified; or
"(B) more than once a year thereafter.
UTILITIES.
"(a) WAIVER. -- Any utility subject to this part may, upon request,
receive a waiver from the Secretary from any provision of this part or
from any provision of a State residential energy conservation plan under
this part if the utility shows in appropriate State proceedings and the
appropriate State officials find that --
"(1) the existing and planned residential energy conservation
programs that will be implemented by the utility if a waiver from
such provision is approved will result in savings in petroleum,
natural gas or electric energy consumed in residential buildings
served by the utility that are equal to or greater than the
savings that would be achieved in connection with a properly
implemented State residential conservation service plan under this
part; and
"(2) adequate procedures are in effect that prevent unfair,
deceptive or anticompetitive acts or practices affecting commerce
that relate to the implementation of such residential energy
conservation programs, including provisions to assure that any
person who alleges any injury resulting from unfair, deceptive or
anticompetitive acts or practices in connection with such programs
shall be entitled to redress under such procedures as may be
established by the Governor in the State in which the utility
provides utility service.
"(b) DEFINITION. -- For purposes of this section the term
'residential energy conservation program' means any program carried out
by a utility that has as its purpose --
"(1) increasing the efficiency with which petroleum, natural
gas or electric energy is consumed in residential buildings served
by such utility; or
"(2) utilizing solar or other forms of renewable energy in
residential buildings served by such utility.
"(c) APPROVAL. -- The Secretary shall approve a request of a utility
for a waiver under subsection (a) if the Secretary determines that --
"(1) opportunity for a hearing on the request for a waiver has
been provided in the State in which the utility provides utility
service; and
"(2) in the case of a regulated utility, the Governor of the
State in which the utility provides utility service and the State
regulatory authority that has ratemaking authority with respect to
such utility both --
"(A) find that the showings under subsections (a)(1) and (2)
are sufficient; and
"(B) support the request by the utility for the waiver; or
"(3) in the case of a nonregulated utility for the waiver; or
residential energy conservation plan under section 212(c)(2), the
Governor of the State in which the utility provides utility
service --
"(A) finds that the showings under subsections (a)(1) and (2)
are sufficient; and
"(B) supports the request by the utility for the waiver.
"(d) ANNUAL REVIEW AND REVOCATION OF WAIVER. -- (1) The provisions
of this subsection do not apply to a nonregulated utility unless such
utility is subject to a State residential energy conservation plan under
section 212(c)(2).
"(2) Any utility that receives a waiver under this section shall
provide the Governor of the State in which that utility provides utility
service with an annual report describing the performance of its
residential energy conservation programs in relation to the showings of
such utility under subsections (a)(1) and (2).
"(3) The Secretary shall revoke any waiver received by a utility
under this section upon a request under this subsection by the Governor
of the State in which the utility provides utility service. Such a
request shall be made upon a finding --
"(A) in the case of a regulated utility, by such Governor with
the concurrence of the State regulatory authority that has
ratemaking authority with respect to such utility; or
"(B) in the case of a nonregulated utility subject to a State
residential energy conservation plan under section 212(c)(2), by
such Governor,
that the savings described in subsection (a)(1) on an annual basis
are less than the savings in the year prior to the approval of the
waiver or that the procedures referred to in subsection (a)(2) are no
longer adequate.
"(4) A request under paragraph (3) with respect to any utility may be
submitted to the Secretary by a Governor only after review and
opportunity for a hearing on the performance of the residential energy
conservation programs of such utility. In order to facilitate such
review and hearing, the utility shall provide to the Governor such
information as the Governor requests about such residential energy
conservation programs.".
(b) The table of contents for the National Energy Conservation Policy
Act is amended by adding at the end of the table of contents for part 1
of title II the following:
"Sec. 226. Alternative State plans.".
"Sec. 227. Waiver for regulated and nonregulated utilities.".
(a) IN GENERAL. -- Section 225 of the National Energy Conservation
Policy Act (42 U.S.C. 8226) (relating to a Federal Trade Commission
study and report submitted before January 1, 1982) is amended to read as
follows:
"(a) GENERAL REPORT. -- (1) No later than December 31, 1987, and
December 31, 1989, the Secretary shall submit a report to the Chairman
of the Committee on Energy and Commerce of the House of Representatives
and the Chairman of the Committee on Energy and Natural Resources of the
Senate relating to the operation of this part.
"(2) Each such report shall include --
"(A) a comparison of estimated actual and predicted energy
savings resulting from plans under this part,
"(B) identification of the most effective plans (or portions
thereof),
"(C) an analysis, based on completed audits and other relevant
data, of the energy saving potential of the installation of
additional residential conservation measures, and
"(D) an analysis of economic, technical, behavioral, and other
factors considered relevant to energy consumption by the
Secretary.
Nothing in this paragraph shall require a survey of each residential
building in which a residential energy conservation measure has been
installed under this part.
"(b) SUMMARY OF ALTERNATIVE PLAN AND UTILITY WAIVER REPORTS. -- No
later than December 31, 1987, and December 31, 1989, the Secretary shall
submit a report to the Chairman of the Committee on Energy and Commerce
of the House of Representatives and the Chairman of the Committee on
Energy and Natural Resources of the Senate summarizing the annual
reports the Secretary received under section 226(e).
"(c) DISSEMINATION OF INFORMATION. -- (1)(A) The Secretary shall at
least annually, in fiscal years beginning after September 30, 1986,
disseminate to the States and public utilities information providing
technical assistance and relating to the most cost-effective energy
conservation procedures and devices (including residential energy
conservation measures) and the most successful plans (or portions
thereof) under this part.
"(B) The Secretary shall make the information described in
subparagraph (A) available to the public.
"(2) The Secretary shall conduct seminars in various regions of the
United States to disseminate information described in paragraph (1).".
(b) CLERICAL AMENDMENT. -- The table of contents of such Act is
amended by striking out the item relating to section 225 and inserting
in lieu thereof the following:
"Sec. 225. Reports and dissemination of information.".
(c) REPORT BY COMPTROLLER GENERAL. -- (1) The Comptroller General
shall prepare and transmit to Congress before December 31, 1986, a
report evaluating the utility and home heating supplier plans
implemented under part 1 of title II of the National Energy Conservation
Policy Act.
(2) The Secretary of Energy shall conduct a survey in consultation
with the Comptroller General to collect the information the Comptroller
General determines is necessary for the preparation of such report.
(3) The report referred to in paragraph (1) shall examine and assess
--
(A) the potential for achievable energy savings through
installation of residential energy conservation measures in
residential dwellings in the United States and the importance of
the programs carried out by the Residential Conservation Service
of the Department of Energy in achieving these savings;
(B) the costs of Residential Conservation Service programs in a
representative sample of States, taking into consideration the
costs to the taxpayer and ratepayers of affected ueilities;
(C) the benefits of Residential Conservation Service programs
in a representative sample of States, taking into consideration
the value of energy conservation and the value of deferral of
investment in new capacity to provide energy;
(D) efforts of utilities to encourage the implementation of
residential energy conservation measures by their customers and
the relationship between these efforts and Residential
Conservation Service programs;
(E) measured energy savings achieved in residential dwellings
in which residential energy conservation measures have been
installed under such programs;
(F) the extent to which utilities have adopted programs
voluntarily or under State law that offer more potential for
encouraging energy efficiency than do the programs carried out by
the Residential Conservation Service;
(G) the extent to which modifications in the regulations
implementing the programs carried out by the Residential
Conservation Service could improve the cost effectiveness of the
programs;
(H) legislative changes that are necessary to improve the cost
effectiveness of residential energy conservation programs;
(I) the extent of unfair, deceptive, or anticompetitive acts or
practices affecting commerce that relate to the implementation of
such residential energy conservation programs, and the adequacy of
procedures which are in effect to prevent such unfair, deceptive,
or anticompetitive acts or practices; and
(J) such other matters as the Comptroller General considers
appropriate in order to assist the Congress in deciding the future
of the programs carried out by the Residential Conservation
Service.
(a) IN GENERAL. -- Part I of title II of the National Energy
Conservation Policy Act (42 U.S.C. 8211 and following), as amended by
section 103, is amended by adding at the end the following new section:
"Effective June 30, 1989, all authority, including the authority to
enforce any prohibitions, under this part shall terminate, except that
such expiration shall not affect any action or proceeding based upon an
act committed prior to midnight June 30, 1989, and not finally
determined by such date.".
(b) CLERICAL AMENDMENT. -- The table of contents of such Act, as
amended by section 103(c) of this Act, is amended by inserting after the
item relating to section 227 the following new item:
"Sec. 228. Termination.".
(a) GENERAL EXEMPTION. -- Section 216(d) of the National Energy
Conservation Policy Act (42 U.S.C. 8217(d)) (relating to general
exemptions from prohibitions on supply and installation) is amended --
(1) by striking out "The" and inserting in lieu thereof:
"(1) Except as provided in paragraph (2), the";
(2) by redesignating paragraphs (1), (2), and (3), as
subparagraphs (A), (B), and (C), respectively; and
(3) by adding at the end thereof the following new paragraph:
"(2) Effective July 1, 1987, subparagraphs (A) and (B) of paragraph
(1) shall not apply to the supply or installation of residential energy
conservation measures other than measures which the Secretary determines
were being installed or supplied by a public utility during the 12-month
period ending June 1, 1985.".
(b) PROHIBITION ENFORCEMENT. -- (1) Section 216 of such Act (42 U.
S.C. 8217) (relating to prohibitions on supply and installations) is
amended by striking out subsection (g)(2) and subsection (h) and
inserting in lieu thereof the following:
"(2) No public utility that has an exemption or waiver under this
section may carry out under this Part and pursuant to an exemption or
waiver any activity if the Federal Trade Commission, pursuant to
subsection (h), or a State regulatory authority, pursuant to State law,
has determined that such activity involves --
"(A) charging unfair or unreasonable prices or rates of
interest with respect to the supply and installation of
residential energy conservation measures; or
"(B) engaging in unfair methods of competition or unfair or
deceptive acts or practices with respect to such supply and
installation.
"(h) ENFORCEMENT. -- (1) For the purpose of determining whether a
public utility which has an exemption or waiver under this section is
engaging in any activity described in subsection (g)(2), a person
alleging injury from any such activity may request --
"(A) to the extent authorized under State law, a State
regulatory authority; or
"(B) in any case described in paragraph (2), the Federal Trade
Commission,
to review an activity being carried out by such a public utility in
whole or in part in such State. Such request shall contain a
description of the actions of the utility alleged to constitute an
activity described in subsection (g)(2); an allegation that an injury
has been incurred by the person requesting the review; and an
allegation that such injury resulted from an activity described in
subsection (g)(2).
"(2) The Federal Trade Commission may review an activity of a public
utility as a result of a request made under paragraph (1) only if --
"(A) a State regulatory authority has --
"(i) informed the resident making the request that it will not
review such activity for the purpose described in paragraph (1);
or
"(ii) within the 90-day period beginning on the date on which
the request to review such activity was made to the State
regulatory authority by the resident, failed to inform the
resident that it will review such activity for such purpose; or
"(B) a State regulatory authority has informed the resident
that it will review such activity for such purpose but has failed
to initiate a proceeding for such purpose during the 6-month
period beginning on the date on which the request to review such
activity was made to the State regulatory authority by the
resident.
"(3) If a request for review is made to the Commission in any case
described in paragraph (2), and the Commission determines, on the basis
of the information provided, that there is reason to believe that the
public utility is carrying out an activity described in subsection (g)(
2), the Commission shall issue and serve upon such utility a complaint
and a notice of hearing and conduct a proceeding in accordance with
section 5(b) of the Federal Trade Commission Act to determine if such an
activity is being carried out by the utility.
"(4) If the Commission makes a determination pursuant to a proceeding
described in paragraph (3) that a public utility is carrying out an
activity described in subsection (g)(2) of this section, the Commission
shall, utilizing the authority of the Commission to enforce prohibitions
made by section 5 of the Federal Trade Commission Act, take appropriate
action to enforce the prohibition in subsection (g)(2) of this section.
"(5) Any violation of a prohibition contained in this section other
than a violation of subsection (g)(2) shall be treated, for purposes of
section 219(d), as a violation of a plan promulgated under section 219(
a).".
(c) CONFORMING AMENDMENTS. -- (1) Section 216(c)(2)(A) of such Act
(42 U.S.C. 8217(c)(2)(A)) (relating to an exemption from the prohibition
on supply and installation by a public utility) is amended by inserting
the following before the semicolon at the end: "or other activities
described in subsection (g)(2)".
(2) Section 216(f) of such Act (42 U.S.C. 8217(f)) (relating to the
applicability of section 215) is amended by striking out "(d)(2)",
"(d)(1)", and "(d)(3)" and inserting in lieu thereof "(D)(1)(B)", "(d)(
1)(A)", and "(d)(1)(C)", respectively.
(3) The heading of subsection (g) of section 216 is amended to read
as follows: "Authority to Monitor and Terminate Certain Activities by
Utilities. -- ".
(d) EFFECTIVE DATE. -- The amendments made by this section shall
become effective 180 days after the date of the enactment of this Act.
CONSERVATION POLICY ACT.
(a) IN GENERAL. -- Title VII of the National Energy Conservation
Policy Act (42 U.S.C. 8281 and following) (relating to energy
conservation for commercial buildings and multifamily dwellings) is
hereby repealed.
(b) CLERICAL AMENDMENT. -- The table of contents for such Act is
amended by striking out the items relating to such title VII.
(c) AUTHORITY TO CONTINUE CERTAIN STATE ENERGY CONSERVATION PLANS.
-- Notwithstanding subsection (a), any State energy conservation plan
for commercial buildings and multifamily dwellings approved under
section 721 of the National Energy Conservation Policy Act before August
1, 1984, may, with respect to regulated utilities, continue in effect
until January 1, 1990.
COMMERCIAL BUILDINGS.
The Secretary of Energy shall, using funds appropriated for energy
conservation activities of the Department of Energy, carry out
demonstration projects by sharing the cost of the construction and
development by nongovernmental entities of facilities which demonstrate
innovative technologies for utility applications that increase energy
efficiency in commercial buildings.
Public Law 99-411, 100 Stat. 931
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That language under the heading
"Environmental Protection Agency, Hazardous Substance Response Trust
Fund" in Public Law 99-160, as amended by Public Law 99-270, is further
amended by deleting "$750,000,000 shall be derived from the Hazardous
Substance Response Trust Fund and $150,000,000 shall be derived from an
advance from the general fund of the Treasury to the Hazardous Substance
Response Trust Fund to be repaid in accordance with section 223(c)(3) of
Public Law 96-510 and notwithstanding section 223( c)(2)(D) of Public
Law 96-510: Provided, That none of the $150,000,000 shall be available
for obligation after May 31, 1986, to remain available until expended:
Provided," and inserting in lieu thereof "$702,000,000 shall be derived
from the Hazardous Substance Response Trust Fund and $198,000,000 shall
be derived from advances from the general fund of the Treasury to the
Hazardous Substance Response Trust Fund to be repaid in accordance with
section 223(c)(3) of Public Law 96-510 and notwithstanding section
223(c)(2)(D) of Public Law 96-510: Provided, That none of the
$150,000,000 made available by Public Law 99-270 shall be available for
obligation after May 31, 1986: Provided further, That of the additional
$48,000,000 made immediately available, $15,000,000 shall be obligated
by September 30, 1986, for continuation of ongoing remedial and removal
site work and $19,000,000 shall be used only to continue ongoing
contracts and to replace contracts for essential services: Provided
further, That all funds appropriated shall remain available until
expended, except as specified above: Provided further,".
Public Law 99-410, 100 Stat. 924
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the "Uniformed and Overseas Citizens
Absentee Voting Act".
(a) PRESIDENTIAL DESIGNEE. -- The President shall designate the head
of an executive department to have primary responsibility for Federal
functions under this title.
(b) DUTIES OF PRESIDENTIAL DESIGNEE. -- The Presidential designee
shall --
(1) consult State and local election officials in carrying out
this title;
(2) prescribe an official post card form, containing both an
absentee voter registration application and an absentee ballot
application, for use by the States as recommended in section 104;
(3) carry out section 103 with respect to the Federal write-in
absentee ballot for overseas voters in general elections for
Federal office;
(4) prescribe a suggested design for absentee ballot mailing
envelopes for use by the States as recommended in section 104;
(5) compile and distribute (A) descriptive material on State
absentee registration and voting procedures, and (B) to the extent
practicable, facts relating to specific elections, including
dates, offices involved, and the text of ballot questions; and
(6) not later than the end of each year after a Presidential
election year, transmit to the President and the Congress a report
on the effectiveness of assistance under this title, including a
statistical analysis of voter participation and a description of
State-Federal cooperation.
(c) DUTIES OF OTHER FEDERAL OFFICIALS. --
(1) IN GENERAL. -- The head of each Government department,
agency, or other entity shall, upon request of the Presidential
designee, distribute balloting materials and otherwise cooperate
in carrying out this title.
(2) ADMINISTRATOR OF GENERAL SERVICES. -- As directed by the
Presidential designee, the Administrator of General Services shall
furnish official post card forms (prescribed under subsection (b))
and Federal write-in absentee ballots (prescribed under section
103).
Each State shall --
(1) permit absent uniformed services voters and overseas voters
to use absentee registration procedures and to vote by absentee
ballot in general, special, primary, and runoff elections for
Federal office;
(2) accept and process, with respect to any general, special,
primary, or runoff election for Federal office, any otherwise
valid voter registration application from an absent uniformed
services voter or overseas voter, if the application is received
by the appropriate State election official not less than 30 days
before the election; and
(3) permit overseas voters to use Federal write-in absentee
ballots (in accordance with section 103) in general elections for
Federal office.
VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICE.
(a) IN GENERAL. -- The Presidential designee shall prescribe a
Federal write-in absentee ballot (including a secrecy envelope and
mailing envelope for such ballot) for use in general elections for
Federal office by overseas voters who make timely application for, and
do not receive, States, absentee ballots.
(b) SUBMISSION AND PROCESSING. -- Except as otherwise provided in
this title, a Federal write-in absentee ballot shall be submitted and
processed in the manner provided by law for absentee ballots in the
State involved. A Federal write-in absentee ballot of an overseas voter
shall not be counted --
(1) if the ballot is submitted from any location in the United
States;
(2) if the application of the overseas voter for a State
absentee ballot is received by the appropriate State election
official less than 30 days before the general election; or
(3) if a State absentee ballot of the overseas voter is
received by the appropriate State election official not later than
the deadline for receipt of the State absentee ballot under State
law.
(c) SPECIAL RULES. -- The following rules shall apply with respect
to Federal write-in absentee ballots:
(1) In completing the ballot, the overseas voter may designate
a candidate by writing in the name of the candidate or by writing
in the name of a political party (in which case the ballot shall
be counted for the candidate of that political party).
(2) In the case of the offices of President and Vice President,
a vote for a named candidate or a vote by writing in the name of a
political party shall be counted as a vote for the electors
supporting the candidate involved.
(3) Any abbreviation, misspelling, or other minor variation in
the form of the name of a candidate or a political party shall be
disregarded in determining the validity of the ballot, if the
intention of the voter can be ascertained.
(d) SECOND BALLOT SUBMISSION; INSTRUCTION TO OVERSEAS VOTER. -- An
overseas voter who submits a Federal write-in absentee ballot and later
receives a State absentee ballot, may submit the State absentee ballot.
The Presidential designee shall assure that the instructions for each
Federal write-in absentee ballot clearly state that an overseas voter
who submits a Federal write-in absentee ballot and later receives and
submits a State absentee ballot should make every reasonable effort to
inform the appropriate State election official that the voter has
submitted more than one ballot.
(e) USE OF APPROVED STATE ABSENTEE BALLOT IN PLACE OF FEDERAL
WRITE-IN ABSENTEE BALLOT. -- The Federal write-in absentee ballot shall
not be valid for use in a general election if the State involved
provides a State absentee ballot that --
(1) at the request of the State, is approved by the
Presidential designee for use in place of the Federal write-in
absentee ballot; and
(2) is made available to overseas voters at least 60 days
before the deadline for receipt of the State ballot under State
law.
(f) CERTAIN STATES EXEMPTED. -- A State is not required to permit
use of the Federal write-in absentee ballot, if, on and after the date
of the enactment of this title, the State has in effect a law providing
that --
(1) a State absentee ballot is required to be available to any
voter described in section 107(5)(A) at least 90 days before the
general election involved; and
(2) a State absentee ballot is required to be available to any
voter described in section 107(5)(B) or (C), as soon as the
official list of candidates in the general election is complete.
TO THE POLLS BY ABSENT UNIFORMED SERVICES VOTERS AND
OVERSEAS VOTERS.
To afford maximum access to the polls by absent uniformed services
voters and overseas voters, it is recommended that the States --
(1) use the official post card form (prescribed under section
101) for simultaneous voter registration application and absentee
ballot application;
(2) adopt the suggested design for absentee ballot mailing
envelopes prescribed under section 101;
(3) waive registration requirements for absent uniformed
services voters and overseas voters who, by reason of service or
residence, do not have an opportunity to register;
(4) if an application other than an official post card form
(prescribed under section 101) is required for absentee
registration, provide that registration forms be sent with the
absentee ballot and may be returned with it;
(5) expedite processing of balloting materials with respect to
absent uniformed services voters and overseas voters;
(6) permit any oath required for a document under this title to
be administered by a commissioned officer of the Armed Forces or
any official authorized to administer oaths under Federal law or
the law of the State or other place where the oath is
administered;
(7) assure that absentee ballots are mailed to absent uniformed
services voters and overseas voters at the earliest opportunity;
(8) assist the Presidential designee in compiling statistical
and other information relating to this title; and
(9) provide late registration procedures for persons recently
separated from the Armed Forces.
The Attorney General may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as may be
necessary to carry out this title.
The exercise of any right under this title shall not affect, for
purposes of any Federal, State, or local tax, the residence or domicile
of a person exercising such right.
As used in this title, the term --
(1) "absent uniformed services voter" means --
(A) a member of a uniformed service on active duty who, by
reason of such active duty, is absent from the place of residence
where the member is otherwise qualified to vote;
(B) a member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote; and
(C) a spouse or dependent of a member referred to in
subparagraph (A) or (B) who, by reason of the active duty or
service of the member, is absent from the place of residence where
the spouse or dependent is otherwise qualified to vote;
(2) "balloting materials" means official post card forms
prescribed under section 101), Federal write-in absentee ballots
(prescribed under section 103), and any State balloting materials
that, as determined by the Presidential designee, are essential to
the carrying out of this title;
(3) "Federal office" means the office of President or Vice
President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress;
(4) "member of the merchant marine" means an individual (other
than a member of a uniformed service or an individual employed,
enrolled, or maintained on the Great Lakes or the inland
waterways) --
(A) employed as an officer or crew member of a vessel
documented under the laws of the United States, or a vessel owned
by the United States, or a vessel of foreign-flag registry under
charter to or control of the United States; or
(B) enrolled with the United States for employment or training
for employment, or maintained by the United States for emergency
relief service, as an officer or crew member of any such vessel;
(5) "overseas voter" means --
(A) an absent uniformed services voter who, by reason of active
duty or service is absent from the United States on the date of
the election involved;
(B) a person who resides outside the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States; or
(C) a person who resides outside the United States and (but for
such residence) would be qualified to vote in the last place in
which the person was domiciled before leaving the United States.
(6) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and American Samoa;
(7) "uniformed services" means the Army, Navy, Air Force,
Marine Corps, and Coast Guard, the commissioned corps of the
Public Health Service, and the commissioned corps of the National
Oceanic and Atmospheric Administration; and
(8) "United States", where used in the territorial sense, means
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the Virgin Islands, and American Samoa.
(a) IN GENERAL. -- Chapter 34 of title 39, United States Code, is
amended by adding at the end the following new section:
"Section 3406. Balloting materials under the Uniformed and Overseas
Citizens Absentee Voting Act
"(a) Balloting materials under the Uniformed and Overseas Citizens
Absentee Voting Act (individually or in bulk) --
"(1) shall be carried expeditiously and free of postage; and
"(2) may be mailed at a post office established outside the
United States under section 406 of this title, unless such mailing
is prohibited by treaty or other international agreement of the
United States.
"(b) As used in this section, the term 'balloting materials' has the
meaning given that term in section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act.".
(b) TECHNICAL AMENDMENTS. --
(1) The table of sections for chapter 34 of title 39, United
States Code, is amended by adding at the end the following new
item:
"3406. Balloting materials under the Uniformed and Overseas Citizens
Absentee Voting Act.".
(2) The first sentence of section 2401(c) of title 39, United
States Code, is amended --
(A) by striking out "3405" and inserting in lieu thereof
"3406"; and
(B) by striking out "the Overseas Citizens Voting Rights Act of
1975, and the Federal Voting Assistance Act of 1955".
(3) Section 3627 of title 39, United States Code, is amended --
(A) by striking out "3405" and inserting in lieu thereof
"3406"; and
(B) by striking out "under the Federal Voting Assistance Act of
1955, or under the Overseas Citizens Voting Rights Act of 1975".
(4) Section 3684 of title 39, United States Code, is amended by
striking out ", or of the Federal Voting Assistance Act of 1955".
(a) IN GENERAL. -- Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new sections:
"Section 608. Absent uniformed services voters and overseas voters
"(a) Whoever knowingly deprives or attempts to deprive any person of
a right under the Uniformed and Overseas Citizens Absentee Voting Act
shall be fined in accordance with this title or imprisoned not more than
five years, or both.
"(b) Whoever knowingly gives false information for the purpose of
establishing the eligibility of any person to register or vote under the
Uniformed and Overseas Citizens Absentee Voting Act, or pays or offers
to pay, or accepts payment for registering or voting under such Act
shall be fined in accordance with this title or imprisoned not more than
five years, or both.
"Section 609. Use of military authority to influence vote of member
of Armed Forces
"Whoever, being a commissioned, noncommissioned, warrant, or petty
officer of an Armed Force, uses military authority to influence the vote
of a member of the Armed Forces or to require a member of the Armed
Forces to march to a polling place, or attempts to do so, shall be fined
in accordance with this title or imprisoned not more than five years, or
both. Nothing in this section shall prohibit free discussion of
political issues or candidates for public office.".
(b) TECHNICAL AMENDMENT. -- The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following:
"608. Absent uniformed services voters and overseas voters.
"609. Use of military authority to influence vote of member of Armed
Forces.".
The Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc et seq.)
and the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd et
seq.) are repealed.
The amendments and repeals made by this Act shall apply with respect
to elections taking place after December 31, 1987.
Public Law 99-409, 100 Stat. 923
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. That this Act may be cited as the "Rural Industrial
Assistance Act of 1986".
SEC. 2. Section 310B of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932) is amended by --
(1) adding at the end of subsection (a) the following: No loan
may be made, insured, or guaranteed under this subsection that
exceeds $25,000,000 in principal amount."; and
(2) effective on October 1, 1986, adding at the end thereof the
following:
"(f)(1) The Secretary may make grants under this subsection to public
and nonprofit private institutions for the purpose of enabling them to
establish and operate centers of rural technology development that have,
as a primary objective, the improvement of the economic condition of
rural areas by promoting the development (through technological
innovation and adaptation of existing technology) and commercialization
of (A) new products that can be produced in rural areas, and (B) new
processes that can be used in such production.
"(2) Grants under this subsection may be made on a competitive basis.
In making grants, the Secretary shall give preference to applicants
that will establish centers for rural technology in areas that have (A)
few industries and agribusinesses, (B) high levels of unemployment, (C)
high rates of out-migration of people, business, and industries, and (D)
low levels of per capita income.
"(3) If grants are to be made under this subsection, the Secretary
shall issue regulations implementing this subsection that shall include
provisions for the monitoring and evaluation of the rural technology
development activities carried out by institutions that receive grants
under this subsection.".
Public Law 99-408, 100 Stat. 920
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 921(a)(17)
of title 18 of the United States Code is redesignated as section 921(
a)(17)(A), and a new subparagraph (B) is added to section 921(a)(17) to
read as follows:
"(B) The term 'armor piercing ammunition' means a projectile or
projectile core which may be used in a handgun and which is constructed
entirely (excluding the presence of traces of other substances) from one
or a combination of tungsten alloys, steel, iron, brass, bronze,
beryllium copper, or depleted uranium. Such term does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile designed for
target shooting, a projectile which the Secretary finds is primarily
intended to be used for sporting purposes, or any other projectile or
projectile core which the Secretary finds is intended to be used for
industrial purposes, including a charge used in an oil and gas well
perforating device.".
SEC. 2. Section 922(a) of title 18 of the United States Code is
amended --
(a) by striking out "and" at the end of paragraph (5);
(b) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof a semicolon; and
(c) by adding after paragraph (6) the following:
"(7) for any person to manufacture or import armor piercing
ammunition, except that this paragraph shall not apply to --
"(A) the manufacture or importation of such ammunition for the
use of the United States or any department or agency thereof or
any State or any department, agency, or political subdivision
thereof;
"(B) the manufacture of such ammunition for the purpose of
exportation; and
"(C) any manufacture or importation for the purposes of testing
or experimentation authorized by the Secretary; and
"(8) for any manufacturer or importer to sell or deliver armor
piercing ammunition, except that this paragraph shall not apply to
--
"(A) the sale or delivery by a manufacturer or importer of such
ammunition for use of the United States or any department or
agency thereof or any State or any department, agency, or
political subdivision thereof;
"(B) the sale or delivery by a manufacturer or importer of such
ammunition for the purpose of exportation;
"(C) the sale or delivery by a manufacturer or importer of such
ammunition for the purposes of testing or experimenting authorized
by the Secretary.".
SEC. 3. Subparagraph (A) of section 923(a)(1) of title 18 of the
United States Code is amended to read as follows:
"(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year;".
SEC. 4. Subparagraph (C) of section 923(a)(1) of title 18 of the
United States Code is amended to read as follows:
"(C) of ammunition for firearms, other than ammunition for
destructive devices or armor piercing ammunition, a fee of $10 per
year.".
SEC. 5. Subparagraphs (A) and (B) of section 923(a)(2) of title 18
of the United States Code are amended to read as follows:
"(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year; or
"(B) of firearms other than destructive devices or ammunition
for firearms other than destructive devices, or ammunition other
than armor piercing ammunition, a fee of $50 per year.".
SEC. 6. Section 923(e) of title 18, United States Code, is amended
by inserting after the first sentence the following: "The Secretary
may, after notice and opportunity for hearing, revoke the license of a
dealer who willfully transfers armor piercing ammunition.".
SEC. 7. Section 923 of title 18, United States Code, is amended by
adding at the end thereof the following:
"(k) Licensed importers and licensed manufacturers shall mark
all armor piercing projectiles and packages containing such
projectiles for distribution in the manner prescribed by the
Secretary by regulation. The Secretary shall furnish information
to each dealer licensed under this chapter defining which
projectiles are considered armor piercing ammunition as defined in
section 921(a)(17)(B).".
SEC. 8. Section 929 of title 18 of the United States Code is amended
--
(1) in subsection (a) --
(A) by striking out "violence including" and inserting
"violence (including" in lieu thereof;
(B) by striking out "device for" and inserting "device) for" in
lieu thereof;
(C) by striking out "uses or carries any handgun" and all that
follows through "subsection (b)" and inserting in lieu thereof
"uses or carries a firearm and is in possession of armor piercing
ammunition capable of being fired in that firearm";
(D) by striking out "nor more than ten"; and
(E) by striking out the last two sentences; and
(2) so that subsection (b) reads as follows:
"(b) Notwithstanding any other provision of law, the court shall not
suspend the sentence of any person convicted of a violation of this
section, nor place the person on probation, nor shall the terms of
imprisonment run concurrently with any other terms of imprisonment,
including that imposed for the crime in which the armor piercing
ammunition was used or possessed. No person sentenced under this
section shall be eligible for parole during the term of imprisonment
imposed herein.".
SEC. 9. The amendments made by this Act shall take effect on the
date of enactment of this Act, except that sections 3, 4, and 5 shall
take effect on the first day of the first calendar month which begins
more than ninety days after the date of the enactment of this Act.
SEC. 10. For purposes of section 921(a)(17)(B) of title 18, United
States Code, as added by the first section of this Act, "handgun" means
any firearm including a pistol or revolver designed to be fired by the
use of a single hand. The term also includes any combination of parts
from which a handgun can be assembled.
Public Law 99-407, 100 Stat. 919
Whereas drug abuse in the United States is a major health problem
that damages our social institutions and threatens our most valuable
human resource -- our young people;
Whereas the 1984 National Strategy for Prevention of Drug Abuse and
Drug Trafficking stated that "prevention has come to the forefront as
the essential element in the long-range goal of eliminating drug abuse";
and
Whereas President Reagan has called drug abuse one of the gravest
problems facing the Nation and has further warned that if we, as a
Nation, fail to act we run the risk of losing a great part of a whole
generation: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) October 6, 1986, the
first school day of Drug Abuse Awareness Week as established in Senate
Joint Resolution 354, is designated as National Drug Abuse Education
Day. The purpose of National Drug Abuse Education Day is to focus
national attention on the rapidly escalating threat that drug abuse
poses to the Nation's health, by calling on the President of the United
States to proclaim a national day.
(b) As a part of National Drug Abuse Education Day, the President
shall --
(1) call upon every elementary and secondary school, and all
institutions of higher education to devote the day's curriculum to
instruction on the physiological, psychological, social, and legal
consequences of drug use and abuse; and
(2) call upon students, parents, community groups, and local
law enforcement agencies to actively participate in programs
sponsored in conjunction with National Drug Abuse Education Day.
SEC. 2. For purposes of this Act, the term "drug" shall include --
(1) any substance listed in section 102(17) of the Controlled
Substances Act (21 U.S.C. 802(17)); and
(2) alcohol.
Public Law 99-406, 100 Stat. 917
Whereas the incidence of illiteracy and functional illiteracy among
the Nation's adult population has critical effects on our economy, our
social institutions, and our security; and unquantifiable personal
implications and limitations for millions of Americans;
Whereas estimates of illiterate or functionally illiterate Americans
range from twenty-three million to over fifty million individuals
lacking effective communication skills;
Whereas adult illiteracy has not been the focus of general awareness
and understanding;
Whereas illiteracy is not limited to any region of the Nation, nor to
any social, economic, or ethnic group, but is widespread and present in
every community;
Whereas adult illiterates are family members, providers, and citizens
of a community, and are motivated to improve their skills and lives by
seeking remediation when it is provided;
Whereas Americans traditionally have responded to the call to aid
their fellow citizens when they are aware of and understand a problem,
and can help resolve the problem of adult illiteracy by volunteering to
serve as tutors, providing in-kind services, and supporting in numerous
ways efforts to combat illiteracy;
Whereas the problem of adult illiteracy is amendable to solution if
there is maximum private initiative, public-private cooperation, and
community action to provide assistance to those in need;
Whereas the Federal Government is beginning to recognize the critical
need to address adult illiteracy and the private sector is beginning to
address the problem through a number of initiatives;
Whereas one thousand four hundred newspapers will focus on the
problem of adult literacy beginning the month of September 1986; and a
major broadcast network and public broadcasting have joined together in
an awareness and information campaign called Project Literacy US (PLUS)
which will begin on-air programming in September 1986;
Whereas more than seventy major national organizations including
those involved in education, veterans, service clubs, trade and
professional associations have pledged to support PLUS at the local
level and among their membership; and
Whereas others in communications -- television, magazine publishers,
book publishers, broadcasters, and advertising agencies -- will support
and encourage efforts to raise awareness of the problem of adult
illiteracy in September of 1986 and beyond: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of September
1986 is designated as "Adult Literacy Awareness Month" and the President
of the United States is authorized and requested to issue a
proclamationto that effect, calling on the American people and
organizations of every kind to observe the month with activities to
increase awareness of the problem of adult illiteracy and engage in
programs to address the need to remediate illiteracy and functional
illiteracy among adults in our Nation.
Public Law 99-405, 100 Stat. 916
Whereas public education is a community enterprise, and everyone in
the community has a stake in the mission of educating adults as well as
the community's children;
Whereas local citizens have a right and a responsibility to be
involved in deciding how the educational resources of the community
should be used;
Whereas education reform should, in the words of A Nation at Risk,
"focus on the goal of creating a Learning Society";
Whereas education is a lifelong process;
Whereas each community should promote the use of community resources
in schools and colleges, citizen involvement in educational
decisionmaking, the use of community resources to provide educational
opportunities for learners of all ages and educational backgrounds, and
interagency cooperation to assure effective use of limited resources;
and
Whereas the goal of community education is a sharing, learning
society: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That November 18, 1986, is
designated as "National Community Education Day", and the President is
requested to issue a proclamation calling upon the people of the United
States to observe such day with appropriate ceremonies and activities.
Public Law 99-404, 100 Stat. 914
Whereas mental illness is a problem of grave concern and consequence
in American society, though one widely but unnecessarily feared and
misunderstood;
Whereas thirty-one to forty-one million Americans annually suffer
from clearly diagnosable mental disorders involving significant
disability with respect to employment, attendance at school, or
independent living;
Whereas more than ten million Americans are disabled for long periods
of time by schizophrenia, manic depressive disorder, and major
depression;
Whereas between 30 and 50 per centum of the homeless suffer serious,
chronic forms of mental illness;
Whereas alcohol, drug, and mental disorders affect almost 19 per
centum of American adults in any six-month period;
Whereas mental illness in at least twelve million children interferes
with vital development and maturational processes;
Whereas mental disorder-related deaths are estimated to be
thirty-three thousand, with suicide accounting for at least twenty-nine
thousand, although the real number is thought to be at least three times
higher;
Whereas our growing population of the elderly is particularly
vulnerable to mental illness;
Whereas mental disorders result in staggering costs to society,
totalling an estimated $106,200,000,000 in direct treatment and support
and indirect costs to society, including lost productivity;
Whereas mental illness is increasingly a treatable disability with
excellent prospects for amelioration and recovery when properly
recognized;
Whereas families of mentally ill citizens and those persons
themselves have begun to join self-help groups seeking to combat the
unfair stigma of the diseases, to support greater national investment in
research, and to advocate for an adequate continuum of care from
hospital to community;
Whereas in recent years there have been unprecedented major research
developments bringing new methods and technology to the sophisticated
and objective study of the functioning of the brain and its linkages to
both normal and abnormal behavior;
Whereas research in recent decades has led to a wide array of new and
more effective modalities of treatment (both somatic and psychosocial)
for some of the most incapacitating forms of mental illness (including
schizophrenia, major affective disorders, phobias, and phobic
disorders);
Whereas appropriate treatment of mental illness has been demonstrated
to be cost effective in terms of restored productivity, reduced
utilization of other health services, and lessened social dependence;
and
Whereas recent and unparalleled growth in scientific knowledge about
mental illness has generated the current emergence of a new threshold of
opportunity for future research advances and fruitful application to
specific clinical problems: 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 on
October 5, 1986, is designated as "Mental Illness Awareness Week", and
the President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe such week with
appropriate ceremonies and activities.
Public Law 99-403, 100 Stat. 913
Whereas the problem of terrorism has become an international concern
that knows no boundaries -- religious, racial, political, or national;
Whereas thousands of men, women, and children have died at the hands
of terrorists in nations around the world, and today terrorism continues
to claim the lives of many peace-loving individuals;
Whereas October 23, 1983, is the date on which the largest number of
Americans were killed in a single act of terrorism -- the bombing of the
United States compound in Beirut, Lebanon, in which two hundred and
forty-one United States servicemen lost their lives;
Whereas many of these victims died defending ideals of peace and
freedom; and
Whereas it is appropriate to honor all victims of terrorism, and in
America to console the families of victims, and to cherish the freedom
that their sacrifices make possible for all Americans: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 23, 1986, be
proclaimed as "A Time of Remembrance", to urge all Americans to take
time to reflect on the sacrifices that have been made in the pursuit of
peace and freedom, and to promote active participation by the American
people through the wearing of a purple ribbon, a symbol of patriotism,
dignity, loyalty, and martyrdom. The President is authorized and
requested to issue a proclamation calling upon the departments and
agencies of the United States and interested organizations, groups, and
individuals to fly United States flags at half staff throughout the
world in the hope that the desire for peace and freedom take firm root
in every person and every nation.
Public Law 99-402, 100 Stat. 910
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. This Act may be cited as the "Federal Lands Cleanup Act
of 1985".
SEC. 2. Congress finds that --
(1) Federal lands, parks, recreation areas, and waterways
provide recreational opportunities for millions of Americans each
year;
(2) the Federal lands administered by the several Federal land
management agencies contain valuable wildlife, scenery, natural
and historic features, and other resources which may be damaged by
litter and misuse;
(3) it is in the best interest of our country and its citizens
to maintain and preserve the beauty, safety, and availability of
these Federal lands;
(4) these land management agencies have been designated as the
caretakers of these Federal lands and have been given the
responsibility for maintaining and preserving these areas and
facilities;
(5) there is great value in volunteer involvement in
maintaining and preserving Federal lands for recreational use;
(6) the Federal land management agencies should be concerned
with promoting a sense of pride and ownership among citizens
toward these lands;
(7) the use of citizen volunteers in a national cleanup effort
promotes these goals and encourages the thoughtful use of these
Federal lands and facilities;
(8) the positive impact of annual cleanup events held at
various recreation sites has already been proven by steadily
declining levels of litter at these sites; and
(9) a national program for cleaning and maintaining Federal
lands using volunteers will save millions of tax dollars.
SEC. 3. The first Saturday after Labor Day of each year is
designated as "Federal Lands Cleanup Day". The President shall issue a
proclamation calling upon the people of the United States to observe
Federal Lands Cleanup Day with appropriate ceremonies, programs, and
activities: Provided, however, That the activities associated with
Federal Lands Cleanup Day may be undertaken in individual States on a
day other than the first Saturday after Labor Day if the affected
Federal land managers determine that because of climatological or other
factors, an alternative date is more appropriate.
SEC. 4. (a)(1) In order to observe Federal Lands Cleanup Day at the
Federal level, each Federal land management agency shall organize,
coordinate, and participate with citizen volunteers and State and local
agencies in cleaning and providing for the maintenance of Federal public
lands, recreation areas, and waterways within the jurisdiction of such
agency.
(2) For purposes of this Act, the term "Federal land management
agency" shall include --
(A) the Forest Service of the Department of Agriculture;
(B) the Bureau of Land Management of the Department of the
Interior;
(C) the National Park Service of the Department of the
Interior;
(D) the Fish and Wildlife Service of the Department of the
Interior;
(E) the Bureau of Reclamation of the Department of the
Interior; and
(F) the Army Corps of Engineers.
(b) Each Federal land management agency shall plan for and carry out
activities on Federal Lands National Cleanup Day which --
(1) encourage continuing public and private sector cooperation
in preserving the beauty and safety of areas within the
jurisdiction of such agency;
(2) increase citizens' sense of ownership and community pride
in such areas;
(3) reduce litter on Federal lands, along trails and waterways,
and within such areas; and
(4) maintain and improve trails, recreation areas, waterways
and facilities.
Such activities shall be held in cooperation with appropriate State,
county, and local government agencies.
(c)(1) Within ninety days following the first Federal Lands Cleanup
Day occurring after the date of enactment of this Act, each Federal land
management agency shall provide a summary report to Congress briefly
outlining the types of activities undertaken; the sites involved; the
nature and extent of the volunteer involvement; the cost savings
realized from the program and the overall success of such agency in
observing Federal Lands Cleanup Day.
(2) Such reporting requirements shall remain in effect for two years
after the submission of the first report.
Public Law 99-401, 100 Stat. 903
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the "Children's Justice and Assistance Act
of 1986".
This title may be cited as the "Children's Justice Act".
(a) GRANT AUTHORIZATION. -- Section 4 of the Child Abuse Prevention
and Treatment Act (hereinafter in this title referred to as "the Act")
is amended --
(1) by redesignating subsections (d), (e), (f), and (f) (the
second time such designation appears), as subsections (e), (f),
(g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
"(d)(1) The Secretary (acting through the Center and in consultation
with the Attorney General) is authorized to make grants to the States
for the purpose of assisting States in developing, establishing, and
operating programs designed to improve (A) the handling of child abuse
cases, particularly cases of child sexual abuse, in a manner which
limits additional trauma to the child victim, and (B) the investigation
and prosecution of cases of child abuse, particularly child sexual
abuse.
"(2) In order for a State to qualify for assistance under this
subsection, such State shall --
"(A) fulfill the requirements of subsections (b)(2) and (4) or
receive a waiver of such requirements under subsection (b)(3);
"(B) establish a task force as provided in paragraph (3);
"(C) fulfill the requirements of paragraph (4); and
"(D) submit an application to the Secretary at such time and
containing such information and assurances as the Secretary
considers necessary, including an assurance that the State will
make such reports to the Secretary as may reasonably be required
and will maintain and provide access to records relating to
activities under this subsection.
"(3)(A) Except as provided in subparagraph (B), a State requesting
assistance under this subsection shall establish or designate a
multi-disciplinary task force on children's justice (hereinafter
referred to as "the task force") composed of professionals with
knowledge and experience related to the criminal justice system and
issues of child abuse. The task force shall include individuals
representing the law enforcement community, judicial and legal officers
(including individuals involved with the defense as well as the
prosecution of such cases), child advocates, health and mental health
professionals, individuals representing child protective service
agencies, individuals experienced in working with handicapped children,
parents, and parents' groups.
"(B) As determined by the Secretary, a commission or task force
established after January 1, 1983, with substantially comparable
membership and functions, may be considered the task force for the
purposes of this subsection.
"(C) Before a State receives assistance under this subsection, the
task force shall (i) review and evaluate State investigative,
administrative, and judicial handling of cases of child abuse,
particularly child sexual abuse, and (ii) make recommendations in each
of the categories described in paragraph (4). The task force may make
such other comments and recommendations as are considered relevant and
useful.
"(4)(A) Subject to the provisions of subparagraph (B), the State
shall adopt recommendations of the task force in each of the following
categories:
"(i) investigative, administrative, and judicial handling of
cases of child abuse, particularly child sexual abuse cases, in a
manner which reduces the additional trauma to the child victim and
which also ensures procedural fairness to the accused;
"(ii) experimental, model, and demonstration programs for
testing innovative approaches and techniques which may improve the
rate of successful prosecution or enhance the effectiveness of
judicial and administrative action in child abuse cases,
particularly child sexual abuse cases, and which also ensure
procedural fairness to the accused; and
"(iii) reform of State laws, ordinances, regulations, and
procedures to provide comprehensive protection for children from
abuse, particularly sexual abuse, while ensuring fairness to all
affected persons.
"(B) As determined by the Secretary, a State shall be considered to
be in fulfillment of the requirements of this paragraph if --
"(i) the State adopts an alternative to the recommendations of
the task force, which carries out the purposes of this subsection,
in each of the categories under subparagraph (A) for which the
task force's recommendations are not adopted; or
"(ii) the State is making substantial progress toward adopting
the recommendations of the task force or a comparable alternative
to such recommendations.
"(5) For grants under paragraph (1), the Secretary shall use the
amount authorized by section 1404A of the Victims of Crime Act of
1984.".
(b) CRIME VICTIMS FUND. -- (1) Section 1402(c)(1) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(c)(1)) is amended by striking out
"$100 million" and inserting in lieu thereof "$110 million".
(2) Section 1402(d)(2) of such Act is amended to read as follows:
"(2) The Fund shall be available as follows:
"(A) Of the first $100,000,000 deposited in the Fund in a
particular fiscal year --
"(i) 49.5 percent shall be available for grants under section
1403;
"(ii) 45 percent shall be available for grants under section
1404(a);
"(iii) 1 percent shall be available for grants under section
1404(c); and
"(iv) 4.5 percent shall be available for grants as provided in
section 1404A.
"(B) The next $5,500,000 deposited in the Fund in a particular
fiscal year shall be available for grants as provided in section
1404A.
"(C) Any deposits in the Fund in a particular fiscal year in
excess of $105,500,000 shall be available for grants under section
1404(a).".
(3) The Victims of Crime Act of 1984 is amended by inserting after
section 1404 the following new section:
"SEC. 1404A. Amounts made available by section 1402(d)(2) for the
purposes of this section shall be obligated and expended by the
Secretary of Health and Human Services for grants under section 4(d) of
the Child Abuse Prevention and Treatment Act. Any portion of an amount
which is not obligated by the Secretary by the end of the fiscal year in
which funds are made available for allocation shall be reallocated for
award under section 1404(a), except that with respect to funds deposited
during fiscal year 1986 and made available for obligation during fiscal
year 1987, any unobligated portion of such amount shall remain available
for obligation until September 30, 1988.".
(4) Section 1404(c) of the Victims of Crime Act of 1984 is amended by
striking out "(c)" and all that follows through "The Federal
Administrator shall -- " in paragraph (3) and inserting in lieu thereof
the following: "(c)(1) The Attorney General, acting through the
Assistant Attorney General for the Office of Justice Programs, shall
make grants --
"(A) for training and technical assistance services to eligible
crime victim assistance programs; and
"(B) for the financial support of services to victims of
Federal crime by eligible crime victim assistance programs.
"(2) Of the amount available for grants under this subsection --
"(A) not less than 50 percent shall be used for grants under
paragraph (1)(A); and
"(B) not more than 50 percent shall be used for grants under
paragraph (1)(B).
"(3) The Assistant Attorney General for the Office of Justice
Programs shall -- ".
(5) Section 1404(a)(1) of the Victims of Crime Act of 1984 is amended
by striking out "not used for grants under section 1403" and all that
follows through "subsection (c)" and inserting in lieu thereof "made
available by section 1402(d)(2) for the purpose of grants under this
subsection, or for the purpose of grants under section 1403 but not used
for that purpose".
(a) STUDIES AND REPORTS. -- Section 2(b) of the Act is amended --
(1) by redesignating paragraphs (2), (3), (4), (5), (6), and
(7) as paragraphs (3), (4), (6), (7), (8), and (9), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
"(2) compile, evaluate, publish, and disseminate to each State
such materials and information as may assist the States in
achieving the objectives of section 4(d), including an evaluation
of various methods and procedures for the investigation and
prosecution of child physical and sexual abuse cases and resultant
psychological trauma of the child victim;";
(3) by inserting after paragraph (4) (as so redesignated) the
following new paragraph:
"(5) develop and disseminate, to appropriate State and local
officials, model training materials, to assist in training law
enforcement, legal, judicial, medical, mental health, and child
welfare personnel in appropriate methods of interacting during
investigative, administrative, and judicial proceedings with
children subjected to child abuse;";
(4) by amending paragraph (7) (as so redesignated) to read as
follows:
"(7) conduct research on the causes, prevention,
identification, and treatment of child abuse and neglect, and on
appropriate and effective investigative, administrative, and
judicial procedures in cases of child abuse;"; and
(5) by inserting after paragraph (9) (as so redesignated) the
following new paragraph:
"(10) not later than two years after the first fiscal year for
which funds are obligated under section 1404A of the Victims of
Crime Act of 1984, the Secretary shall --
"(A) evaluate the effectiveness of assisted programs in
achieving the objectives of section 4(d); and
"(B) submit a report to the appropriate committees of the
Congress of such evaluation and of technical assistance in
achieving the objectives of such section provided to the States
through the National Center on Child Abuse and Neglect.".
(b) DISSEMINATION REQUIREMENT. -- Information and materials under
sections 2(b)(2) and 2(b)(5) of the Act shall be made available to
appropriate State officials not later than 180 days after the date of
enactment of this Act.
CHILD ABUSE.
Section 6(a) of the Child Abuse Prevention and Treatment Act is
amended --
(1) by inserting after the first sentence "The Advisory Board
shall meet at least every six months."; and
(2) in the second sentence by inserting "in order to prevent
unnecessary duplication of such programs, to ensure efficient
allocation of resources, and to assure that programs effectively
address all aspects of the child abuse problem" after "Board".
(a) DATA ACQUISITION FOR 1987 AND 1988. -- The Attorney General
shall acquire from criminal justice agencies statistical data, for the
calendar years 1987 and 1988, about the incidence of child abuse,
including child sexual abuse, and shall publish annually a summary of
such data.
(b) MODIFICATION OF UNIFORM CRIME REPORTING PROGRAM. -- (1) As soon
as practicable, but in no case later than January 1, 1989, the Attorney
General shall modify the uniform crime reporting program in the Federal
Bureau of Investigation to include data on the age of the victim of the
offense and the relationship, if any, of the victim to the offender, for
types of offenses that may involve child abuse, including child sexual
abuse.
(2) The modification, once made, shall remain in effect until the
later of --
(A) 10 years after the date it is made; or
(B) such ending date as may be set by the Attorney General.
(a) SECTION 523. -- Section 523(e) of the Public Health Service Act
(42 U.S.C. 290dd-3(e)) is amended by adding after and below paragraph
(2) the following: "The prohibitions of this section do not apply to
the reporting under State law of incidents of suspected child abuse and
neglect to the appropriate State or local authorities.".
(b) SECTION 527. -- Section 527(e) of such Act (42 U.S.C. 290ee-(
3)) is amended by adding after and below paragraph (2) the following:
"The prohibitions of this section do not apply to the reporting under
State law of incidents of suspected child abuse and neglect to the
appropriate State or local authorities.".
This title may be cited as the "Temporary Child Case for Handicapped
Children and Crisis Nurseries Act of 1986".
The Congress finds that it is necessary to establish demonstration
programs of grants to the States to assist private and public agencies
and organizations to provide: (A) temporary non-medical child care for
children with special needs to alleviate social, emotional, and
financial stress among children and families of such children, and (B)
crisis nurseries for children who are abused and neglected, at risk of
abuse or neglect, or who are in families receiving child protective
services.
CHRONICALLY ILL CHILDREN.
The Secretary of Health and Human Services shall establish a
demonstration program of grants to States to assist private and public
agencies and organizations to provide in-home or out-of-home temporary
non-medical child care for handicapped children, and children with
chronic or terminal illnesses. Such care shall be provided on a sliding
fee scale with hourly and daily rates.
The Secretary of Health and Human Services shall establish a
demonstration program of grants to States to assist private and public
agencies and organizations to provide crisis nurseries for children who
are abused and neglected, are at high risk of abuse and neglect, or who
are in families receiving child protective services. Such service shall
be provided without fee for a maximum of 30 days in any year. Crisis
nurseries shall also provide referral to support services.
(a) APPLICATIONS. --
(1) Any State which desires to receive a grant under section
203 or 204 shall submit an application to the Secretary in such
form and at such times as the Secretary may require. Such
application shall --
(A) describe the proposed State program, including the services
to be provided, the agencies and organizations that will provide
the services, and the criteria for selection of children and
families for participation in projects under the program;
(B) contain an estimate of the cost of developing,
implementing, and evaluating the State program;
(C) set forth the plan for dissemination of the results of the
projects; and
(D) specify the State agency designated to administer programs
and activities assisted under this title and the plans for
coordinating interagency support of the program.
(2) Such application shall contain assurances that --
(A) not more than 5 percent of funds made available under this
title will be used for State administrative costs;
(B) projects will be of sufficient size, scope, and quality to
achieve the objectives of the program;
(C) in the distribution of funds made available under section
203, a State will give priority consideration to agencies and
organizations with experience in working with handicapped and
chronically ill children and their families and which serve
communities with the greatest need for such services;
(D) in the distribution of funds made available under section
204, the State will give priority consideration to agencies and
organizations with experience in working with abused or neglected
children and their families, and with children at high risk of
abuse and neglect and their families, and which serve communities
which demonstrate the greatest need for such services; and
(E) Federal funds made available under this title will be so
used as to supplement and, to the extent practicable, increase the
amount of State and local funds that would in the absence of such
Federal funds be made available for the uses specified in this
title, and in no case supplant such State or local funds.
(b) AWARD OF GRANTS. --
(1) In reviewing applications for grants under this title, the
Secretary shall consider, among other factors, the equitable
geographical distribution of grants.
(2) In the award of temporary non-medical child care
demonstration grants under section 203, the Secretary shall give a
preference to States in which such care is unavailable.
(3) Of the funds appropriated under section 206, one-half shall
be available for grants under section 203 and one-half shall be
available for grants under section 204.
(c) EVALUATIONS. -- States receiving grants under this title, shall
annually submit a report to the Secretary evaluating funded programs.
Such report shall include information concerning costs, the number of
participants, impact on family stability, the incidence of abuse and
neglect, and such other information as the Secretary may require.
(d) DEFINITIONS. -- For the purposes of this title --
(1) the term "Secretary" means the Secretary of Health and
Human Services;
(2) the term "handicapped children" has the meaning given such
term in section 602(a)(1) of the Education of the Handicapped Act;
(3) the term "crisis nursery" means a center providing
temporary emergency services and care for children; and
(4) the term "non-medical child care" means the provision of
care to provide temporary relief for the primary caregiver.
There are authorized to be appropriated for the purposes of this
title such sums as may be necessary for each of the fiscal years 1987
and 1988. Such sums shall remain available until expended.
This title shall take effect October 1, 1986.
Public Law 99-400, 100 Stat. 902
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 141(a)
of the Garn-St Germain Depository Institutions Act of 1982 is amended by
striking out "July 15, 1986" and inserting in lieu thereof "September
15, 1986".
(b) Section 206(a) of such Act is amended by striking out "July 15,
1986" and inserting in lieu thereof "September 15, 1986".
(c) Sections 141(a) and 206(a) of the Garn-St Germain Depository
Institutions Act of 1982, as such sections are in effect on the day
after the date of enactment of this Act, shall apply as if such sections
had been included in the Garn-St Germain Depository Institutions Act of
1982 on the date of the enactment of such Act, no amendment made by any
such section to any other provision of law shall be deemed to have taken
effect before the date of the enactment of this Act, and any such
provision of law shall be in effect as if no such amendment had taken
effect before the date of the enactment of this Act.
Public Law 99-399, 100 Stat. 853
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the "Omnibus Diplomatic Security and
Antiterrorism Act of 1986".
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Responsibility of the Secretary of State.
Sec. 104. Bureau of Diplomatic Security.
Sec. 105. Responsibilities of the Assistant Secretary for Diplomatic
Security.
Sec. 106. Cooperation of other Federal agencies.
Sec. 107. Protection of foreign consulates.
Sec. 201. Establishment of Diplomatic Security Service.
Sec. 202. Director of Diplomatic Security Service.
Sec. 203. Positions in the Diplomatic Security Service.
Sec. 301. Accountability review.
Sec. 302. Accountability Review Board.
Sec. 303. Procedures.
Sec. 304. Findings and recommendations by a Board.
Sec. 305. Relation to other proceedings.
Sec. 401. Authorization.
Sec. 402. Diplomatic construction program.
Sec. 403. Security requirements for contractors.
Sec. 404. Qualifications of persons hired for the diplomatic
construction program.
Sec. 405. Cost overruns.
Sec. 406. Efficiency in contracting.
Sec. 407. Advisory Panel on Overseas Security.
Sec. 408. Training to improve perimeter security at United States
diplomatic missions abroad.
Sec. 409. Protection of public entrances of United States diplomatic
missions abroad.
Sec. 410. Certain protective functions.
Sec. 411. Reimbursement of the Department of the Treasury.
Sec. 412. Inspector General for the United States Information
Agency.
Sec. 413. Inspector General for the Department of State.
Sec. 414. Prohibition on the use of funds for facilities in Israel,
Jerusalem, or the West Bank.
Sec. 501. Rewards for international terrorists.
Sec. 502. Rewards for information relating to international
narcoterrorism and drug trafficking.
Sec. 503. Coordination of terrorism-related assistance.
Sec. 504. Counterterrorism Protection Fund.
Sec. 505. Terrorism-related travel advisories.
Sec. 506. Authority to control certain terrorism-related services.
Sec. 507. Management of antiterrorism assistance programs.
Sec. 508. Nonlethal airport security equipment and commodities for
Egypt.
Sec. 509. Exports to countries supporting acts of international
terrorism.
Sec. 601. Actions to combat international nuclear terrorism.
Sec. 602. Authority to suspend nuclear cooperation with nations
which have not ratified the Convention on the Physical Protection of
Nuclear Material.
Sec. 603. Consultation with the Department of Defense concerning
certain nuclear exports and subsequent arrangements.
Sec. 604. Review of physical security standards.
Sec. 605. International review of the nuclear terrorism problem.
Sec. 606. Criminal history record checks.
Sec. 701. International Antiterrorism Committee.
Sec. 702. International arrangements relating to passports and
visas.
Sec. 703. Protection of Americans endangered by the appearance of
their place of birth on their passports.
Sec. 704. Use of diplomatic privileges and immunities for terrorism
purposes.
Sec. 705. Reports on progress in increasing multilateral
cooperation.
Sec. 801. Short title.
Sec. 802. Payments to individuals held in captive status between
November 4, 1979, and January 21, 1981.
Sec. 803. Benefits for captives and other victims of hostile action.
Sec. 804. Retention of leave by alien employees following injury
from hostile action abroad.
Sec. 805. Transition provisions.
Sec. 806. Benefits for members of uniformed services who are victims
of hostile action.
Sec. 807. Regulations.
Sec. 808. Effective date of entitlements.
Sec. 901. Short title.
Sec. 902. International measures for seaport and shipboard security.
Sec. 903. Measures to prevent unlawful acts against passengers and
crews on board ships.
Sec. 904. Panama Canal security.
Sec. 905. Threat of terrorism to United States ports and vessels.
Sec. 906. Port, harbor, and coastal facility security.
Sec. 907. Security standards at foreign ports.
Sec. 908. Travel advisories concerning security at foreign ports.
Sec. 909. Suspension of passenger services.
Sec. 910. Sanctions for the seizure of vessels by terrorists.
Sec. 911. Definitions.
Sec. 912. Authorization of appropriations.
Sec. 913. Reports.
Sec. 1001. Short title.
Sec. 1002. Fellowship program for temporary service at United States
missions in the Soviet Union and Eastern Europe.
Sec. 1003. Fellowship Board.
Sec. 1004. Fellowships.
Sec. 1005. Secretary of State.
Sec. 1101. Findings
Sec. 1102. Recommended actions by the Secretary of Defense.
Sec. 1103. Report to the Congress.
Sec. 1201. Encouragement for negotiation of a convention.
Sec. 1202. Extraterritorial criminal jurisdiction over terrorist
conduct.
Sec. 1301. Peace Corps authorization of appropriations.
Sec. 1302. Demonstrations at embassies in the District of Columbia.
Sec. 1303. Kurt Waldheim's retirement allowance.
Sec. 1304. Eradication of Amblyomma Variegatum.
Sec. 1305. Strengthen foreign language skills.
Sec. 1306. Forfeiture of proceeds derived from espionage activities.
Sec. 1307. Expression of support of activities of the United States
Telecommunications Training Institute.
Sec. 1308. Policy toward Afghanistan.
Titles I through IV of this Act may be cited as the "Diplomatic
Security Act".
(a) FINDINGS. -- The Congress finds and declares that --
(1) the United States has a crucial stake in the presence of
United States Government personnel representing United States
interests abroad;
(2) conditions confronting United States Government personnel
and missions abroad are fraught with security concerns which will
continue for the foreseeable future; and
(3) the resources now available to counter acts of terrorism
and protect and secure United States Government personnel and
missions abroad, as well as foreign officials and missions in the
United States, are inadequate to meet the mounting threat to such
personnel and facilities.
(b) PURPOSES. -- The purposes of titles I through IV are --
(1) to set forth the responsibility of the Secretary of State
with respect to the security of diplomatic operations in the
United States and abroad;
(2) to provide for an Assistant Secretary of State to head the
Bureau of Diplomatic Security of the Department of State, and to
set forth certain provisions relating to the Diplomatic Security
Service of the Department of State;
(3) to maximize coordination by the Department of State with
Federal, State, and local agencies and agencies of foreign
governments in order to enhance security programs;
(4) to promote strengthened security measures and to provide
for the accountability of United States Government personnel with
security-related responsibilities; and
(5) to provide authorization of appropriations for the
Department of State to carry out its responsibilities in the area
of security and counterterrorism, and in particular to finance the
acquisition and improvements of United States Government missions
abroad, including real property, buildings, facilities, and
communications, information, and security systems.
(a) SECURITY FUNCTIONS. -- The Secretary of State shall develop and
implement (in consultation with the heads of other Federal agencies
having personnel or missions abroad where appropriate and within the
scope of the resources made available) policies and programs, including
funding levels and standards, to provide for the security of United
States Government operations of a diplomatic nature and foreign
government operations of a diplomatic nature in the United States. Such
policies and programs shall include --
(1) protection of all United States Government personnel on
official duty abroad (other than those personnel under the command
of a United States area military commander) and their accompanying
dependents;
(2) establishment and operation of security functions at all
United States Government missions abroad (other than facilities or
installations subject to the control of a United States area
military commander);
(3) establishment and operation of security functions at all
Department of State facilities in the United States; and
(4) protection of foreign missions, international
organizations, and foreign officials and other foreign persons in
the United States, as authorized by law.
(b) OVERSIGHT OF POSTS ABROAD. -- The Secretary of State shall --
(1) have full responsibility for the coordination of all United
States Government personnel assigned to diplomatic or consular
posts or other United States missions abroad pursuant to United
States Government authorization (except for facilities,
installations, or personnel under the command of a United States
area military commander); and
(2) establish appropriate overseas staffing levels for all such
posts or missions for all Federal agencies with activities abroad
(except for personnel and activities under the command of a United
States area military commander).
(c) FEDERAL AGENCY. -- As used in this title and title III, the term
"Federal agency" includes any department or agency of the United States
Government.
(a) THE BUREAU. -- There shall be a Bureau of Diplomatic Security in
the Department of State, to be headed by the Assistant Secretary for
Diplomatic Security. The Assistant Secretary shall be responsible for
such functions as may be directed by the Secretary of State.
(b) NUMBER OF ASSISTANT SECRETARIES. -- The first section of the Act
entitled "An Act to strengthen and improve the organization and
administration of the Department of State, and for other purposes",
approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out
"fourteen" and inserting in lieu thereof "fifteen".
(c) POSITIONS AT LEVEL IV OF THE EXECUTIVE SCHEDULE. -- Section 5315
of title 5, United States Code, is amended by striking out "(14)"
thereof "Assistant Secretaries of State" and inserting in lieu thereof
"(15)".
DIPLOMATIC SECURITY.
Within the authority of the Secretary of State, the Assistant
Secretary for Diplomatic Security should be responsible for the
following:
(1) FORMER OFFICE OF SECURITY FUNCTIONS. -- FUNCTIONS and
responsibilities exercised by the Office of Security, Department
of State, before November 11, 1985.
(2) SECURITY AND PROTECTIVE OPERATIONS ABROAD. --
(A) Establishment and operation of post security and protective
functions abroad.
(B) Development and implementation of communications, computer,
and information security.
(C) Emergency planning.
(D) Establishment and operation of local guard services.
(E) Supervision of the United States Marine Corps security
guard program.
(F) Liaison with American overseas private sector security
interests.
(3) SECURITY AND PROTECTIVE OPERATIONS IN THE UNITED STATES.
--
(A) Protection of foreign missions and international
organizations, foreign officials, and diplomatic personnel, as
authorized by law.
(B) Protection of the Secretary of State and other persons
designated by the Secretary of State, as authorized by law.
(C) Physical protection of Department of State facilities,
communications, and computer and information systems.
(D) Conduct of investigations relating to protection of foreign
officials and diplomatic personnel and foreign missions,
suitability for employment, employee security, illegal passport
and visa issuance or use, and other investigations, as authorized
by law.
(E) Carrying out the rewards program for information concerning
international terrorism authorized by section 36(a) of the State
Department Basic Authorities Act of 1956.
(F) Performance of other security, investigative, and
protective matters as authorized by law.
(4) COUNTERTERRORISM PLANNING AND COORDINATION. -- Development
and coordination of counterterrorism planning, emergency action
planning, threat analysis programs, and liaison with other Federal
agencies to carry out this paragraph.
(5) SECURITY TECHNOLOGY. -- Development and implementation of
technical and physical security programs, including
security-related construction, radio and personnel security
communications, armored vehicles, computer and communications
security, and research programs necessary to develop such
measures.
(6) DIPLOMATIC COURIER SERVICE. -- Management of the
diplomatic courier service.
(7) PERSONNEL TRAINING. -- Development of facilities, methods,
and materials to develop and upgrade necessary skills in order to
carry out this section.
(8) FOREIGN GOVERNMENT TRAINING. -- Management and development
of antiterrorism assistance programs to assist foreign government
security training which are administered by the Department of
State under chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.).
(a) ASSISTANCE. -- In order to facilitate fulfillment of the
responsibilities described in section 103(a), other Federal agencies
shall cooperate (through agreements) to the maximum extent possible with
the Secretary of State. Such agencies may, with or without
reimbursement, provide assistance to the Secretary, perform security
inspections, provide logistical support relating to the differing
missions and facilities of other Federal agencies, and perform other
overseas security functions as may be authorized by the Secretary.
Specifically, the Secretary may agree to delegate operational control of
overseas security functions of other Federal agencies to the heads of
such agencies, subject to the Secretary's authority as set forth in
section 103(a). The agency head receiving such delegated authority
shall be responsible to the Secretary in the exercise of the delegated
operational control.
(b) OTHER AGENCIES. -- Nothing contained in titles I through IV
shall be construed to limit or impair the authority or responsibility of
any other Federal, State, or local agency with respect to law
enforcement, domestic security operations, or intelligence activities as
defined in Executive Order 12333.
(c) CERTAIN LEASE ARRANGEMENTS. -- The Administrator of General
Services is authorized to lease (to such extent or in such amounts as
are provided in appropriation Acts) such amount of space in the United
States as may be necessary for the Department of State to accommodate
the personnel required to carry out this title. The Department of State
shall pay for such space at the rate established by the Administrator of
General Services for space and related services.
The Chief of Protocol of the Department of State shall consult with
the Assistant Secretary of Diplomatic Security in making determinations
with respect to accreditation of all foreign consular personnel in the
United States.
There shall be, within the Bureau of Diplomatic Security, the
Diplomatic Security Service. The Diplomatic Security Service shall
perform such functions as may be assigned to it by the Secretary of
State.
The Diplomatic Security Service shall be headed by a Director
designated by the Secretary of State. The Director should be a career
member of the Senior Foreign Service or the Senior Executive Service and
shall be qualified for the position by virtue of demonstrated ability in
the areas of security, law enforcement, management, and public
administration. Experience in management or operations abroad shall be
considered an affirmative factor in the selection of the Director. The
Director shall act under the supervision and direction of the Assistant
Secretary for Diplomatic Security.
Positions in the Diplomatic Security Service shall be filled in
accordance with the provisions of the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.) and title 5, United States Code. In filling such
positions, the Secretary of State shall active recruit women and members
of minority groups. The Secretary of State shall prescribe the
qualifications required for assignment or appointment to such positions.
In the case of positions designated for special agents, the
qualifications may include minimum and maximum entry age restrictions
and other physical standards and shall incorporate such standards as may
be required by law in order to perform security functions, to bear arms,
and to exercise investigatory, warrant, arrest, and such other
authorities as are available by law to special agents of the Department
of State and the Foreign Service.
In any case of serious injury, loss of life, or significant
destruction of property at or related to a United States Government
mission abroad which is covered by the provisions of titles I through IV
(other than a facility or installation subject to the control of a
United States area military commander), the Secretary of State shall
convene an Accountability Review Board (hereafter in this title referred
to as the "Board"). The Secretary shall not convene a Board where the
Secretary determines that a case clearly involves only causes unrelated
to security.
(a) MEMBERSHIP. -- A Board shall consist of five members, 4
appointed by the Secretary of State, and 1 appointed by the Director of
Central Intelligence. The Secretary of State shall designate the
Chairperson of the Board. Members of the Board who are not Federal
officers or employees shall each be paid at a rate not to exceed the
maximum rate of basic pay payable for level GS-18 of the General
Schedule for each day (including travel time) during which they are
engaged in the actual performance of duties vested in the Board.
Members of the Board who are Federal officers or employees shall receive
no additional pay by reason of such membership.
(b) FACILITIES, SERVICES, SUPPLIES, AND STAFF. --
(1) SUPPLIED BY DEPARTMENT OF STATE. -- A Board shall obtain
facilities, services, and supplies through the Department of
State. All expenses of the Board, including necessary costs of
travel, shall be paid by the Department of State. Travel expenses
authorized under this paragraph shall be paid in accordance with
subchapter I of chapter 57 of title 5, United States Code, or
other applicable law.
(2) DETAIL. -- At the request of a Board, employees of the
Department of State or other Federal agencies, members of the
Foreign Service, or members of the uniformed services may be
temporarily assigned, with or without reimbursement, to assist the
Board.
(3) EXPERTS AND CONSULTANTS. -- A Board may employ and
compensate (in accordance with section 3109 of title 5, United
States Code) such experts and consultants as the Board considers
necessary to carry out its functions. Experts and consultants so
employed shall be responsible solely to the Board.
(a) EVIDENCE. --
(1) UNITED STATES GOVERNMENT PERSONNEL AND CONTRACTORS. --
(A) With respect to any individual described in subparagraph
(B), a Board may --
(i) administer oaths and affirmations;
(ii) require that depositions be given and interrogatories
answered; and
(iii) require the attendance and presentation of testimony and
evidence by such individual.
Failure of any such individual to comply with a request of the
Board shall be grounds for disciplinary action by the head of the
Federal agency in which such individual is employed or serves, or
in the case of a contractor, debarment.
(B) The individuals referred to in subparagraph (A) are --
(i) employees as defined by section 2105 of title 5, United
States Code (including members of the Foreign Service);
(ii) members of the uniformed services as defined by section
101(3) of title 37, United States Code;
(iii) employees of instrumentalities of the United States;
and
(iv) individuals employed by any person or entity under
contract with agencies or instrumentalities of the United States
Government to provide services, equipment, or personnel.
(2) OTHER PERSONS. -- With respect to a person who is not
described in paragraph (1)(B), a Board may administer oaths and
affirmations and require that depositions be given and
interrogatories answered.
(3) SUBPOENAS. -- (A) The Board may issue a subpoena for the
attendance and testimony of any person (other than a person
described in clause (i), (ii), or (iii) of paragraph (1)(B)) and
the production of documentary or other evidence from any such
person if the Board finds that such a subpoena is necessary in the
interests of justice for the development of relevant evidence.
(B) In the case of contumacy or refusal to obey a subpoena
issued under this paragraph, a court of the United States within
the jurisdiction of which a person is directed to appear or
produce information, or within the jurisdiction of which the
person is found, resides, or transacts business, may upon
application of the Attorney General, issue to such person an order
requiring such person to appear before the Board to give testimony
or produce information as required by the subpoena.
(C) Subpoenaed witnesses shall be paid the same fee and mileage
allowances which are paid subpoenaed witnesses in the courts of
the United States.
(b) CONFIDENTIALITY. -- A Board shall adopt for administrative
proceedings under this title such procedures with respect to
confidentiality as may be deemed necessary, including procedures
relating to the conduct of closed proceedings or the submission and use
of evidence in camera, to ensure in particular the protection of
classified information relating to national defense, foreign policy, or
intelligence matters. The Director of Central Intelligence shall
establish the level of protection required for intelligence information
and for information relating to intelligence personnel, including
standards for secure storage.
(c) RECORDS. -- Records pertaining to administrative proceedings
under this title shall be separated from all other records of the
Department of State and shall be maintained under appropriate safeguards
to preserve confidentiality and classification of information. Such
records shall be prohibited from disclosure to the public until such
time as a Board completes its work and is dismissed. The Department of
State shall turn over to the Director of Central Intelligence
intelligence information and information relating to intelligence
personnel which shall then become records of the Central Intelligence
Agency. After that time, only such exemptions from disclosure under
section 552(b) of title 5, United States Code (relating to freedom of
information), as apply to other records of the Department of State, and
to any information transmitted under section 304(c) to the head of a
Federal agency or instrumentality, shall be available for the remaining
records of the Board.
(d) STATUS OF BOARDS. -- The provisions of the Federal Advisory
Committee Act (5 U.S.C. App. 1 et seq.) and section 552b of title 5 of
the United States Code (relating to open meetings) shall not apply to
any Board.
(a) FINDINGS. -- A Board convened in any case shall examine the
facts and circumstances surrounding the serious injury, loss of life, or
significant destruction of property at or related to a United States
Government mission abroad and shall make written findings determining --
(1) the extent to which the incident or incidents with respect
to which the Board was convened was security related;
(2) whether the security systems and security procedures at
that mission were adequate;
(3) whether the security systems and security procedures were
properly implemented;
(4) the impact of intelligence and information availability;
and
(5) such other facts and circumstances which may be relevant to
the appropriate security management of United States missions
abroad.
(b) PROGRAM RECOMMENDATIONS. -- A Board shall submit its findings
(which may be classified to the extent deemed necessary by the Board) to
the Secretary of State, together with recommendations as appropriate to
improve the security and efficiency of any program or operation which
the Board has reviewed.
(c) PERSONNEL RECOMMENDATIONS. -- Whenever a Board finds reasonable
cause to believe that an individual described in section 303(a)(1)(B)
has breached the duty of that individual, the Board shall --
(1) notify the individual concerned,
(2) transmit the finding of reasonable cause, together with all
information relevant to such finding, to the head of the
appropriate Federal agency or instrumentality, and
(3) recommend that such agency or instrumentality initiate an
appropriate investigatory or disciplinary action.
In determining whether an individual has breached a duty of that
individual, the Board shall take into account any standard of conduct,
law, rule, regulation, contract, or order which is pertinent to the
performance of the duties of that individual.
(d) REPORTS. --
(1) PROGRAM RECOMMENDATIONS. -- In any case in which a Board
transmits recommendations to the Secretary of State under
subsection (b), the Secretary shall, not later than 90 days after
the receipt of such recommendations, submit a report to the
Congress on each such recommendation and the action taken with
respect to that recommendation.
(2) PERSONNEL RECOMMENDATIONS. -- In any case in which a Board
transmits a finding of reasonable cause under subsection (c), the
head of the Federal agency or instrumentality receiving the
information shall review the evidence and recommendations and
shall, not later than 30 days after the receipt of that finding,
transmit to the Congress a report specifying --
(A) the nature of the case and a summary of the evidence
transmitted by the Board; and
(B) the decision by the Federal agency or instrumentality to
take disciplinary or other appropriate action against that
individual or the reasons for deciding not to take disciplinary or
other action with respect to that individual.
Nothing in this title shall be construed to create administrative or
judicial review remedies or rights of action not otherwise available by
law, nor shall any provision of this title be construed to deprive any
person of any right or legal defense which would otherwise be available
to that person under any law, rule, or regulation.
(a) DIPLOMATIC SECURITY PROGRAM. --
(1) IN GENERAL. -- In addition to amounts otherwise available
for such purposes, the following amounts are authorized to be
appropriated for fiscal years 1986 and 1987, for the Department of
State to carry out diplomatic security construction, acquisition,
and operations pursuant to the Department of State's Supplemental
Diplomatic Security Program, as justified to the Congress for the
respective fiscal year for "Administration of Foreign Affairs", as
follows:
(A) For "Salaries and Expenses", $308,104,000.
(B) For "Acquisition and Maintenance of Buildings Abroad",
$857,806,000.
(C) For "Counterterrorism Research and Development",
$15,000,000.
(2) ANTITERRORISM ASSISTANCE. -- Section 575 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa-4) is amended by striking
out "$9,840,000 for the fiscal year 1987" and inserting in lieu
thereof "$14,680,000 for the fiscal year 1987".
(3) CAPITAL CONSTRUCTION, FISCAL YEARS 1988 THROUGH 1990. --
There is authorized to be appropriated for the Department of State
for "Acquisition and Maintenance of Buildings Abroad" for each of
the fiscal years 1988 through 1990, $417,962,000 to carry out
diplomatic security construction, acquisition, and operations
pursuant to the Department of State's Supplemental Diplomatic
Security Program.
(4) ALLOCATION OF AMOUNTS AUTHORIZED TO BE APPROPRIATED. --
Amounts authorized to be appropriated by this subsection, and by
the amendment made by paragraph (2), shall be allocated as
provided in the table entitled "Diplomatic Security Program"
relating to this section which appears in the Joint Explanatory
Statement of the Committee of Conference to accompany H.R. 4151 of
the 99th Congress (the Omnibus Diplomatic Security and
Antiterrorism Act of 1986).
(b) NOTIFICATION TO AUTHORIZING COMMITTEES OF REQUESTS FOR
APPROPRIATIONS. -- In any fiscal year, whenever the Secretary of State
submits to the Congress a request for appropriations to carry out the
program described in subsection (a), the Secretary shall notify the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate of such request, together
with a justification of each item listed in such request.
(c) REPROGRAMMING TREATMENT. -- Amounts made available for capital
projects pursuant to subsection (a) shall be treated as a reprogramming
of funds under section 34 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2706) and shall not be available for obligation or
expenditure except in compliance with the procedures applicable to such
reprogramming.
(d) PROHIBITION ON REALLOCATIONS OF AUTHORIZATIONS. -- Section 24(
d) of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2692(d)) shall not apply with respect to any amounts authorized to be
appropriated under this section.
(e) SECURITY REQUIREMENTS OF OTHER FOREIGN AFFAIRS AGENCIES. -- Based
solely on security requirements and within the total amount of funds
available for security, the Secretary of State shall ensure that an
equitable level of funding is provided for the security requirements of
other foreign affairs agencies.
(f) INSUFFICIENCY OF FUNDS. -- In the event that sufficient funds
are not available in any fiscal year for all of the diplomatic security
construction, acquisition, and operations pursuant to the Department of
State's Supplemental Diplomatic Security Program, as justified to the
Congress for such fiscal year, the Secretary of State shall report to
the Congress the effect that the insufficiency of funds will have with
respect to the Department of State and each of the other foreign affairs
agencies.
(g) ALLOCATION OF FUNDS FOR CERTAIN SECURITY PROGRAMS. -- Of the
amount of funds authorized to be appropriated by subsection (a)(1)(A),
$34,537,000 shall be available to the Secretary of State only for the
protection of classified office equipment, the expansion of information
systems security, and the hiring of American systems managers and
operators for computers at high threat locations.
(h) FURNITURE, FURNISHINGS, AND EQUIPMENT.
(1) USE OF EXISTING FURNITURE, FURNISHINGS, AND EQUIPMENT. --
If physically possible, facilities constructed or acquired
pursuant to subsection (a) shall be furnished and equipped with
the furniture, furnishings, and equipment that were being used in
the facilities being replaced, rather than with newly acquired
furniture, furnishings, and equipment.
(2) PROCEEDS FROM THE SALE OF FURNITURE, FURNISHINGS, AND
EQUIPMENT. -- Section 9 of the Foreign Service Buildings Act,
1926 (22 U.S.C. 300) is amended by adding at the end thereof the
following new subsection:
"(c) Notwithstanding subsection (b), proceeds from the disposition of
furniture, furnishings, and equipment from diplomatic and consular
establishments in foreign countries shall be deposited into the Foreign
Service Building Fund to be available for obligation or expenditure as
directed by the Secretary.".
(3) REPROGRAMMING TREATMENT. -- Amounts made available for
furniture, furnishings, and equipment pursuant to subsection (a)
shall be treated as a reprogramming of funds under section 34 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2706) and shall not be available for obligation or expenditure
except in compliance with the procedures applicable to such
reprogramming.
(a) PREFERENCE FOR UNITED STATES CONTRACTORS. -- Notwithstanding
section 11 of the Foreign Service Buildings Act, 1926, and where
adequate competition exists, only United States persons and qualified
United States joint venture persons may --
(1) bid on a diplomatic construction or design project which
has an estimated total project value exceeding $5,000,000; and
(2) bid on a diplomatic construction or design project which
involves physical or technical security.
(b) EXCEPTION. -- Subsection (a) shall not apply with respect to any
diplomatic construction or design project in a foreign country whose
statutes prohibit the use of United States contractors on such projects.
The exception contained in this subsection shall only become effective
with respect to a foreign country 30 days after the Secretary of State
certifies to the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the Senate what
specific actions he has taken to urge such foreign country to permit the
use of United States contractors on such projects, and what actions he
shall take with respect to that country as authorized by title II of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.;
commonly referred to as the "Foreign Missions Act").
(c) DEFINITIONS. -- For the purposes of this section --
(1) the term "adequate competition" means with respect to a
construction or design project, the presence of two or more
qualified bidders submitting responsive bids for that project;
(2) the term "United States person" means a person which --
(A) is incorporated or legally organized under the laws of the
United States, including State, the District of Columbia, and
local laws;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United
States --
(i) for more than 5 years before the issuance date of the
invitation for bids or request for proposals with respect to a
construction project under subsection (a)(1); and
(ii) for more than 2 years before the issuance date of the
invitation for bids or request for proposals with respect to a
construction or design project which involves physical or
technical security under subsection (a)(2);
(D) has performed within the United States administrative and
technical, professional, or construction services similar in
complexity, type of construction, and value to the project being
bid;
(E) with respect to a construction project under subsection
(a)(1), has achieved total business volume equal to or greater
than the value of the project being bid in 3 years of the 5-year
period before the date specified in subparagraph (C)(i);
(F)(i) employs United States citizens in at least 80 percent of
its principal management positions in the United States,
(ii) employs United States citizens in more than half of its
permanent, full-time positions in the United States, and
(iii) will employ United States citizens in at least 80 percent
of the supervisory positions on the foreign buildings office
project site; and
(G) has the existing technical and financial resources in the
United States to perform the contract; and
(3) the term "qualified United States joint venture person"
means a joint venture in which a United States person or persons
owns at least 51 percent of the assets of the joint venture.
(d) AMERICAN MINORITY CONTRACTORS. -- Not less than 10 percent of
the amount appropriated pursuant to section 401(a) for diplomatic
construction or design projects each fiscal year shall be allocated to
the extent practicable for contracts with American minority contractors.
(e) AMERICAN SMALL BUSINESS CONTRACTORS. -- Not less than 10 percent
of the amount appropriated pursuant to section 401(a) for diplomatic
construction or design projects each fiscal year shall be allocated to
the extent practicable for contracts with American small business
contractors.
(f) LIMITATION ON SUBCONTRACTING. -- With respect to a diplomatic
construction project, a prime contractor may not subcontract more than
50 percent of the total value of its contract for that project.
SEC. 403. SECURITY REQUIREMENTS FOR CONTRACTORS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of State shall issue regulations to --
(1) strengthen the security procedures applicable to
contractors and subcontractors involved in any way with any
diplomatic construction or design project; and
(2) permit a contractor or subcontractor to have access to any
design or blueprint relating to such a project only in accordance
with those procedures.
DIPLOMATIC CONSTRUCTION PROGRAM.
In carrying out the diplomatic construction program referred to in
section 401(a), the Secretary of State shall employ as professional
staff (by appointment, contract, or otherwise) only those persons with a
demonstrated specialized background in the fields of construction,
construction law, or contract management. In filling such positions,
the Secretary shall actively recruit women and members of minority
groups.
Any amount required to complete any capital project described in the
Department of State's Supplemental Diplomatic Security Program, as
justified to the Congress for the respective fiscal year, which is in
excess of the amount made available for that project pursuant to section
401(a)(1) or (3) shall be treated as a reprogramming of funds under
section 34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706) and shall not be available for obligation or expenditure
except in compliance with the procedures applicable to such
reprogrammings.
(a) BONUSES AND PENALTIES. -- The Director of the Office of Foreign
Buildings shall provide for a contract system of bonuses and penalties
for the diplomatic construction program funded pursuant to the
authorizations of appropriations provided in this title. Not later than
3 months after the date of enactment of this Act, the Director shall
submit a report to the Congress on the implementation of this section.
(b) SURETY BONDS AND GUARANTEES. -- The Director of the Office of
Foreign Buildings shall require each person awarded a contract for work
under the diplomatic construction program to post a surety bond or
guarantee, in such amount as the Director may determine, to assure
performance under such contract.
(c) DISQUALIFICATION OF CONTRACTORS. -- No person doing business
with Libya may be eligible for any contract awarded pursuant to this
Act.
Not later than 90 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the Congress on the
implementation of the 91 recommendations contained in the final report
of the Advisory Panel on Overseas Security. If any such recommendation
has been rejected, the Secretary shall provide the reasons why that
recommendation was rejected.
STATES DIPLOMATIC MISSIONS ABROAD.
(a) TRAINING. -- It is the sense of Congress that the President
should use the authority under chapter 8 of title II of the Foreign
Assistance Act of 1961 (relating to antiterrorism assistance) to improve
perimeter security of United States diplomatic missions abroad.
(b) REPORTS. -- Not later than October 1 of each year, the President
shall submit a report to the Congress on the progress and problems of
improving perimeter security of United States diplomatic missions
abroad.
DIPLOMATIC MISSIONS ABROAD.
The Secretary of State shall install and maintain a walk-through
metal detector or other advanced screening system at public entrances of
each United States diplomatic mission abroad.
Section 208(a) of title 3, United States Code, is amended by adding
at the end thereof the following: "In carrying out any duty under
section 202(7), the Secretary of State is authorized to utilize any
authority available to the Secretary under title II of the State
Department Basic Authorities Act of 1956.".
The Secretary of State shall reimburse the appropriate appropriations
account of the Department of the Treasury out of funds appropriated
pursuant to section 401(a)(1) for the actual costs incurred by the
United States Secret Service, as agreed to by the Secretary of the
Treasury, for providing protection for the spouses of foreign heads of
state during fiscal years 1986 and 1987.
INFORMATION AGENCY.
(a) ESTABLISHMENT. --
(a) APPOINTMENT AND REMOVAL. -- Section 2(1) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by inserting "the
United States Information Agency," immediately before "as the case
may be"; and
(B) in paragraph (2) by inserting "the United States
Information Agency" immediately before "or the Veterans'
Administration".
(b) EARMARK. -- Of the funds authorized to be appropriated to the
United States Information Agency for the fiscal year 1987, not less than
$3,000,000 shall be available only for the operation of the office of
the Inspector General established by the amendment made by subsection
(a).
(c) POSITION AT LEVEL IV OF THE EXECUTIVE SCHEDULE. -- Section 5315
of title 5, United States Code, is amended by adding at the end thereof
the following:
"Inspector General, United States Information Agency.".
(a) INSPECTOR GENERAL OF THE DEPARTMENT OF STATE. --
(1) DIRECTION TO ESTABLISH. -- The Congress directs the
Secretary of State to proceed immediately to establish an Office
of Inspector General of the Department of State, not later than
October 1, 1986. Not later than January 31, 1987, the Secretary
of State shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives on the progress in establishing that
office. Such report shall include an accounting of the obligation
of funds for fiscal year 1987 for that office.
(2) DUTIES AND RESPONSIBILITIES. -- The Inspector General of
the Department of State (as established by the amendment made by
section 150(a) of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987) is authorized to perform all duties and
responsibilities, and to exercise the authorities, stated in
section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929)
and in the Inspector General Act of 1978.
(3) EARMARK. -- Of the amounts made available for fiscal year
1987 for salaries and expenses under the heading "Administration
of Foreign Affairs", not less than $6,500,000 shall be used for
the sole purpose of establishing and maintaining the Office of
Inspector General of the Department of State.
(4) LIMITATION ON APPOINTMENT. -- No career member of the
Foreign Service, as defined by section 103 of the Foreign Service
Act of 1980 (22 U.S.C. 3903), may be appointed Inspector General
of the Department of State.
(5) POSITION AT LEVEL IV OF THE EXECUTIVE SCHEDULE. -- Section
5315 of title 5, United States Code (as amended by section 412),
is amended by adding at the end thereof the following:
"Inspector General, Department of State.".
(6) CONFORMING AMENDMENT. -- The last sentence of section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(
1)) is hereby repealed.
(b) OFFICE OF POLICY AND PROGRAM REVIEW. --
(1) ESTABLISHMENT. -- The Secretary of State shall establish
an office to be known as the Office of Policy and Program Review
(hereafter in this section referred to as the "Office").
(2) DIRECTOR. --
(A) The Office shall be headed by a director, appointed by the
Secretary of State, who shall report to and be under the general
supervision of the Secretary of State. The director shall be
appointed without regard to political affiliation from among
individuals exceptionally qualified for the position by virtue of
their integrity and their knowledge and experience in the conduct
of foreign affairs.
(B) The director shall review activities and operations
performed under the direction, coordination, and supervision of
chiefs of mission (provided in section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927)) for the purpose of ascertaining
their consonance with the foreign policy of the United States and
their consistency with the responsibilities of the Secretary of
State and the chief of mission. This authority shall not preclude
the Inspector General of the Department of State from carrying out
any function of section 209(g) of the Foreign Service Act of 1980
(22 U.S.C. 3929(g)).
(3) FUNDING FOR THE OFFICE. -- Of the amounts authorized to be
appropriated for "Administration of Foreign Affairs" for fiscal
year 1987, not more than $4,000,000 shall be available for the
purpose of establishing and maintaining the Office.
(4) INSPECTION BY OFFICE OF INSPECTOR GENERAL. -- The Office
shall be subject to inspection by the Inspector General of the
Department of State.
(c) ABOLISHMENT OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF STATE
AND THE FOREIGN SERVICE. -- Section 150(b) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 3929a), is
amended to read as follows:
"(b) ABOLISHMENT OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF STATE
AND THE FOREIGN SERVICE. -- Notwithstanding section 209 of the Foreign
Service Act of 1980 (22 U.S.C. 3929), the Inspector General of the
Department of State and the Foreign Service is hereby abolished.".
IN ISRAEL, JERUSALEM, OR THE WEST BANK.
None of the funds authorized to be appropriated by this Act may be
obligated or expended for site acquisition, development, or construction
of any facility in Israel, Jerusalem, or the West Bank.
It is the sense of the Congress that the Secretary of State should
more vigorously utilize the moneys available under section 36(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a);
relating to rewards for information on international terrorism) to more
effectively apprehend and prosecute international terrorists. It is
further the sense of the Congress that the Secretary of State should
consider widely publicizing the sizable rewards available under present
law so that major international terrorist figures may be brought to
justice.
INTERNATIONAL NARCOTERRORISM AND DRUG TRAFFICKING.
(a) AUTHORITY TO PAY AND PURPOSE. -- Section 36 of State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended --
(1) by redesignating subsections (b) through (f) as subsections
(c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
"(b)(1) The Secretary of State, upon the request of a chief of
mission and with the concurrence of the Attorney General, may pay a
reward to any individual who furnishes information leading to --
"(A) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves --
"(i) a violation of United States drug laws which occurs
primarily outside the territorial jurisdiction of the United
States and which is such that the individual would be a major
violator of such laws; or
"(ii) the killing or kidnapping outside the territorial
jurisdiction of the United States of --
"(I) any officer, employee, or contract employee of the United
States Government while such individual is engaged in official
duties, or on account of that individual's official duties, in
connection with the enforcement of United States drug laws or the
implementing of United States drug control objectives; or
"(II) a member of the immediate family of any such individual
on account of that individual's official duties in connection with
the enforcement of United States drug laws or the implementation
of United States drug control objectives; or
"(iii) an attempt or conspiracy to do any of the acts described
in clause (i) or (ii); or
"(B) the prevention or frustration of an act described in
subparagraph (A).
"(2) The purpose of the rewards under this subsection is to assist
narcotics law enforcement in the effective arrest and prosecution of
major narcotics traffickers and, wherever appropriate, to offer rewards
in connection with the killing of, or the attempt to kill, any United
States officer or employee, in connection with the performance of
narcotics control duties by such officer or employee, or any member of
the family of such officer or employee. To ensure that the rewards
program authorized by this subsection, especially paragraph (1)(A)(i),
does not duplicate or interfere with the payment of informants or the
purchase of evidence or information, as authorized to the Department of
Justice, the offering, administration, and payment of rewards under this
subsection, including procedures for --
"(A) identifying individuals, organizations, and offenses with
respect to which rewards will be offered,
"(B) the publication of rewards,
"(C) offering of joint rewards with foreign governments,
"(D) the receipt and analysis of data,
"(E) the payment and the approval of payment, and
"(F) the recommendations of rewards by chiefs of mission to the
Secretary of State and the Attorney General,
shall be governed by procedures approved by the Secretary of State
and the Attorney General.".
(b) FUNDING FOR REWARDS. -- Section 36(g) of such Act, as so
redesignated by subsection (a)(1), is amended by striking out the period
at the end of the first sentence and inserting in lieu thereof the
following: ", up to $2,000,000 of which may be used for rewards for
information described in subsection (b)(1). In addition to the amount
authorized by the preceding sentence, there are authorized to be
appropriated $10,000,000 for fiscal year 1987 for 'Administration of
Foreign Affairs' for use in paying rewards under this section, up to
$5,000,000 of which may be used for rewards for information described in
subsection (b)(1).".
(c) CONFORMING AMENDMENTS. -- Section 36 of such Act is amended --
(1) in subsection (d), as so redesignated by subsection (a)(
1), by striking out "this section" and inserting in lieu thereof
"subsection (a)"; and
(2) in subsection (f), as so redesignated by subsection (a)(
1), by inserting "or (b)" after "subsection (a)".
(d) REPORTS ON REWARDS; DEFINITIONS. -- Section 36 of such Act is
further amended by adding at the end thereof the following new
subsections:
"(h) not later than 30 days after paying any reward under this
section, the Secretary of State shall submit a report to the Congress
with respect to that reward. The report, which may be submitted on a
classified basis if necessary, shall specify the amount of the reward
paid, to whom the reward was paid, and the acts with respect to which
the reward was paid, and shall discuss the significance of the
information for which the reward was paid in dealing with those acts.
"(i) As used in this section --
"(1) the term 'United States drug laws' means the laws of the
United States for the prevention and control of illicit traffic in
controlled substances (as such term is defined for purposes of the
Controlled Substances Act); and
"(2) the term 'member of the immediate family' includes --
"(A) a spouse, parent, brother, sister, or child of the
individual;
"(B) a person to whom the individual stands in loco parentis;
and
"(C) any other person living in the individual's household and
related to the individual by blood or marriage.".
Section 502 of the International Security and Development Cooperation
Act of 1985 (22 U.S.C. 2349aa-7) is amended --
(1) in the section heading by striking out "ANTI-TERRORISM" and
inserting in lieu thereof "TERRORISM-RELATED";
(2) in subsection (a) by striking out "anti-terrorism
assistance to foreign countries provided by the United States
Government" and inserting in lieu thereof "assistance related to
international terrorism which is provided by the United States
Government to foreign countries";
(3) in subsection (b) by striking out "anti-terrorism
assistance" and inserting in lieu thereof "assistance related to
international terrorism which was"; and
(4) by adding at the end thereof the following new subsection:
"(c) RULE OF CONSTRUCTION. -- Nothing contained in this section
shall be construed to limit or impair the authority or responsibility of
any other Federal agency with respect to law enforcement, domestic
security operations, or intelligence activities as defined in Executive
Order 12333.".
The State Department Basic Authorities Act of 1956 is amended --
(1) by redesignating section 39 as section 40; and
(2) by inserting after section 38 (22 U.S.C. 2710) the
following new section:
"(a) AUTHORITY. -- The Secretary of State may reimburse domestic and
foreign persons, agencies, or governments for the protection of judges
or other persons who provide assistance or information relating to
terrorist incidents primarily outside the territorial jurisdiction of
the United States. Before making a payment under this section in a
matter over which there is Federal criminal jurisdiction, the Secretary
shall advise and consult with the Attorney General.
"(b) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to the Secretary of State for 'Administration of Foreign
Affairs' $1,000,000 for fiscal year 1986 and $1,000,000 for fiscal year
1987 for use in reimbursing persons, agencies, or governments under this
section.
"(c) DESIGNATION OF FUND. -- Amounts made available under this
section may be referred to as the 'Counterterrorism Protection Fund'.".
The Secretary of State shall promptly advise the Congress whenever
the Department of State issues a travel advisory, or other public
warning notice for United States citizens traveling abroad, because of a
terrorist threat or other security concern.
SERVICES.
The State Department Basic Authorities Act of 1956 is amended --
(1) by redesignating section 40 (as so redesignated by section
504 of this Act) as section 41; and
(2) by inserting after section 39 (as added by section 504 of
this Act) the following new section:
SERVICES.
"(a) AUTHORITY. -- The Secretary of State may, by regulation, impose
controls on the provision of the services described in subsection (b) if
the Secretary determines that provision of such services would aid and
abet international terrorism.
"(b) SERVICES SUBJECT TO CONTROL. -- The services subject to control
under subsection (a) are the following:
"(1) Serving in or with the security forces of a designated
foreign government.
"(2) Providing training or other technical services having a
direct military, law enforcement, or intelligence application, to
or for the security forces of a designated foreign government.
Any regulations issued to impose controls on services described in
paragraph (2) shall list the specific types of training and other
services subject to the controls.
"(c) PERSONS SUBJECT OF CONTROLS. -- These services may be
controlled under subsection (a) when they are provided within the United
States by any individual or entity and when they are provided anywhere
in the world by a United States person.
"(d) LICENSES. -- In carrying out subsection (a), the Secretary of
State may require licenses, which may be revoked, suspended, or amended,
without prior notice, whenever such action is deemed to be advisable.
"(e) DEFINITIONS. --
"(1) DESIGNATED FOREIGN GOVERNMENT. -- As used in this
section, the term 'designated foreign government' means a foreign
government that the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979, has repeatedly provided support for acts of international
terrorism.
"(2) SECURITY FORCES. -- As used in this section, the term
'security forces' means any military or paramilitary forces, any
police or other law enforcement agency (including any police or
other law enforcement agency at the regional or local level), and
any intelligence agency of a foreign government.
"(3) UNITED STATES. -- As used in this section, the term
'United States' includes any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and any territory or possession of the United
States.
"(4) UNITED STATES PERSON. -- As used in this section, the
term 'United States person' means any United States national, any
permanent resident alien, and any sole proprietorship,
partnership, company, association, or corporation organized under
the laws or or having its principal place of business within the
United States.
"(f) VIOLATIONS. --
"(1) PENALTIES. -- Whoever willfully violates any regulation
issued under this section shall be fined not more than $100,000 or
five times the total compensation received for the conduct which
constitutes the violation, whichever is greater, or imprisoned for
not more than ten years, or both, for each such offense.
"(2) INVESTIGATIONS. -- The Attorney General and the Secretary
of the Treasury shall have authority to investigate violations of
regulations issued under this section.
"(g) CONGRESSIONAL OVERSIGHT. --
"(1) REVIEW OF REGULATIONS. -- Not less than 30 days before
issuing any regulations under this section (including any
amendments thereto), the Secretary of State shall transmit the
proposed regulations to the Congress.
"(2) REPORTS. -- Not less than once every six months, the
Secretary of State shall report to the Congress concerning the
number and character of licenses granted and denied during the
previous reporting period, and such other information as the
Secretary may find to be relevant to the accomplishment of the
objectives of this section.
"(h) RELATIONSHIP TO OTHER LAWS. -- The authority granted by this
section is in addition to the authorities granted by any other provision
of law.".
Section 573(d)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-2(d)(4)) is amended to read as follows:
"(4)(A) Articles on the United States Munitions List may be made
available under this chapter only if --
"(i) they are small arms in category I (relating to firearms),
ammunition in category III (relating to ammunition) for small arms
in category I, articles in category IV(c) or VI(c) (relating to
detection and handling of explosive devices), articles in category
X (relating to protective personnel equipment), or articles in
paragraph (b), (c), or (d) of category XIII (relating to speech
privacy devices, underwater breathing apparatus and armor
plating), and they are directly related to antiterrorism training
under this chapter;
"(ii) the recipient country is not prohibited by law from
receiving assistance under one or more of the following
provisions: chapter 2 of this part (relating to grant military
assistance), chapter 5 of this part (relating to international
military education and training), or the Arms Export Control Act
(relating to foreign military sales financing); and
"(iii) at least 15 days before the articles are made available
to the foreign country, the President notifies the Committee on
Foreign Affairs of the House of Representatives and Committee on
Foreign Relations of the Senate of the proposed transfer, in
accordance with the procedures applicable to reprogramming
notifications pursuant to section 634A of this Act.
"(B) The value (in terms of original acquisition cost) of all
equipment and commodities provided under subsection (a) in any fiscal
year may not exceed 25 percent of the funds made available to carry out
this chapter for that fiscal year.
"(C) No shock batons or similar devices may be provided under this
chapter.".
COMMODITIES FOR EGYPT.
In addition to funds otherwise available for such purposes under
chapter 8 of part II of the Foreign Assistance Act of 1961, assistance
authorized to carry out the purposes of chapter 4 of part II of such Act
for the fiscal years 1986 and 1987 (as well as undisbursed balances of
previously obligated funds under such chapter) which are allocated for
Egypt may be furnished, notwithstanding section 660 of such Act, for the
provision of nonlethal airport security equipment and commodities, and
training in the use of such equipment and commodities. The authority
contained in this section shall be exercised by the Department of
State's office responsible for administering chapter 8 of part II of the
Foreign Assistance Act of 1961, in coordination with the Agency for
International Development.
INTERNATIONAL TERRORISM.
(a) ITEMS ON THE MUNITIONS LIST. -- Chapter 3 of the Arms Export
Control Act (22 U.S.C. 2771-2779) is amended by adding at the end
thereof the following new section:
INTERNATIONAL TERRORISM.
"(a) PROHIBITION. -- Except as provided in subsection (b), items on
the United States Munitions List may not be exported to any country
which the Secretary of State has determined, for purposes of section 6(
j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(
j)(1)(A)), has repeatedly provided support for acts of international
terrorism.
"(b) WAIVER. -- The President may waive the prohibition contained in
subsection (a) in the case of a particular export if the President
determines that the export is important to the national interests of the
United States and submits to the Congress a report justifying that
determination and describing the proposed export. Any such waiver shall
expire at the end of 90 days after it is granted unless the Congress
enacts a law extending the waiver.".
(b) OTHER GOODS AND TECHNOLOGY. -- Section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) is amended by
striking out "$7,000,000" and inserting in lieu thereof "$1,000,000".
TERRORISM.
(a) ACTIONS TO BE TAKEN BY THE PRESIDENT. -- The Congress hereby
directs the President --
(1) to seek universal adherence to the Convention on the
Physical Protection of Nuclear Material;
(2) to --
(A) conduct a review, enlisting the participation of all
relevant departments and agencies of the Government, to determine
whether the recommendations on Physical Protection of Nuclear
Material published by the International Atomic Energy Agency are
adequate to deter theft, sabotage, and the use of nuclear
facilities and materials in acts of international terrorism, and
(B) transmit the results of this review to the Director-General
of the International Atomic Energy Agency;
(3) to take, in concert with United States allies and other
countries, such steps as may be necessary --
(A) to keep to a minimum the amount of weapons-grade nuclear
material in international transit, and
(B) to ensure that when any such material is transported
internationally, it is under the most effective means for
adequately protecting it from acts or attempted acts of sabotage
or theft by terrorist groups or nations; and
(4) to seek agreement in the United Nations Security Council to
establish --
(A) an effective regime of international sanctions against any
nation or subnational group which conducts or sponsors acts of
international nuclear terrorism, and
(B) measures for coordinating responses to all acts of
international nuclear terrorism, including measures for the
recovery of stolen nuclear material and the clean-up of nuclear
releases.
(b) REPORTS TO THE CONGRESS. -- The President shall report to the
Congress annually, in the reports required by section 601 of the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3281), on the progress made
during the preceding year in achieving the objectives described in this
section.
NATIONS WHICH HAVE NOT RATIFIED THE CONVENTION ON THE
PHYSICAL PROTECTION OF NUCLEAR MATERIAL.
Chapter 11 of the Atomic Energy Act of 1954 is amended by adding at
the end thereof the following new section:
NATIONS WHICH HAVE NOT RATIFIED THE CONVENTION ON THE
PHYSICAL SECURITY OF NUCLEAR MATERIAL. --
"The President may suspend nuclear cooperation under this Act with
any nation or group of nations which has not ratified the Convention on
the Physical Security of Nuclear Material.".
CONCERNING CERTAIN NUCLEAR EXPORTS AND SUBSEQUENT
ARRANGEMENTS.
Chapter 11 of the Atomic Energy Act of 1954, as amended by section
602 of this Act, is further amended by adding at the end thereof the
following new section:
CONCERNING CERTAIN NUCLEAR EXPORTS AND SUBSEQUENT
ARRANGEMENTS. --
"a. In addition to other applicable requirements --
"(1) a license may be issued by the Nuclear Regulatory
Commission under this Act for the export of special nuclear
material described in subsection b.; and
"(2) approval may be granted by the Secretary of Energy under
section 131 of this Act for the transfer of special nuclear
material described in subsection b.;
only after the Secretary of Defense has been consulted on whether the
physical protection of that material during the export or transfer will
be adequate to deter theft, sabotage, and other acts of international
terrorism which would result in the diversion of that material. If, in
the view of the Secretary of Defense based on all available intelligence
information, the export or transfer might be subject to a genuine
terrorist threat, the Secretary shall provide to the Nuclear Regulatory
Commission or the Secretary of Energy, as appropriate, his written
assessment of the risk and a description of the actions the Secretary of
Defense considers necessary to upgrade physical protection measures.
"b. Subsection a. applies to the export or transfer of more than 2
kilograms of plutonium or more than 20 kilograms of uranium enriched to
more than 20 percent in the isotope 233 or the isotope 235.".
(a) REVIEWS. -- The Secretary of Energy, the Secretary of Defense,
the Secretary of State, the Director of the Arms Control and Disarmament
Agency, and the Nuclear Regulatory Commission shall each review the
adequacy of the physical security standards currently applicable with
respect to the shipment and storage (outside the United States) of
plutonium, and uranium enriched to more than 20 percent in the isotope
233 or the isotope 235, which is subject to United States prior consent
rights, with special attention to protection against risks of seizure or
other terrorist acts.
(b) REPORTS. -- Not later than 6 months after the date of enactment
of this Act, the Secretary of Energy, the Secretary of Defense, the
Secretary of State, the Director of the Arms Control and Disarmament
Agency, and the Nuclear Regulatory Commission shall each submit a
written report to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
setting forth the results of the review conducted pursuant to this
section, together with appropriate recommendations.
PROBLEM.
The Congress strongly urges the President to seek a comprehensive
review of the problem of nuclear terrorism by an international
conference.
(a) IN GENERAL. -- The Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.) is amended by adding after section 148 the following new section:
CHECKS. --
"a. The Nuclear Regulatory Commission (in this section referred to
as the 'Commission') shall require each licensee or applicant for a
license to operate a utilization facility under section 103 or 104 b.
to fingerprint each individual who is permitted unescorted access to the
facility or is permitted access to safeguards information under section
147. All fingerprints obtained by a licensee or applicant as required
in the preceding sentence shall be submitted to the Attorney General of
the United States through the Commission for identification and a
criminal history records check. The costs of any identification and
records check conducted pursuant to the preceding sentence shall be paid
by the licensee or applicant. Notwithstanding any other provision of
law, the Attorney General may provide all the results of the search to
the Commission, and, in accordance with regulations prescribed under
this section, the Commission may provide such results to the licensee or
applicant submitting such fingerprints.
"b. The Commission, by rule, may relieve persons from the
obligations imposed by this section, upon specified terms, conditions,
and periods, if the Commission finds that such action is consistent with
its obligations to promote the common defense and security and to
protect the health and safety of the public.
"c. For purposes of administering this section, the Commission shall
prescribe, subject to public notice and comment, regulations --
"(1) to implement procedures for the taking of fingerprints;
"(2) to establish the conditions for use of information
received from the Attorney General, in order --
"(A) to limit the redissemination of such information;
"(B) to ensure that such information is used solely for the
purpose of determining whether an individual shall be permitted
unescorted access to the facility of a licensee or applicant or
shall be permitted access to safeguards information under section
147;
"(C) to ensure that no final determination may be made solely
on the basis of information provided under this section involving
--
"(i) an arrest more than 1 year old for which there is no
information of the disposition of the case; or
"(ii) an arrest that resulted in dismissal of the charge or an
acquittal; and
"(D) to protect individuals subject to fingerprinting under
this section from misuse of the criminal history records; and
"(3) to provide each individual subject to fingerprinting under
this section with the right to complete, correct, and explain
information contained in the criminal history records prior to any
final adverse determination.
"d. (1) The Commission may establish and collect fees to process
fingerprints and criminal history records under this section.
"(2) Notwithstanding section 3302(b) of title 31, United States Code,
and to the extent approved in appropriation Acts --
"(A) a portion of the amounts collected under this subsection
in any fiscal year may be retained and used by the Commission to
carry out this section; and
"(B) the remaining portion of the amounts collected under this
subsection in such fiscal year may be transferred periodically to
the Attorney General and used by the Attorney General to carry out
this section.
"(3) Any amount made available for use under paragraph (2) shall
remain available until expended.".
(b) EFFECTIVE DATE. -- The provisions of subsection a. of section
149 of the Atomic Energy Act of 1954, as added by this Act, shall take
effect upon the promulgation of regulations by the Nuclear Regulatory
Commission as set forth in subsection c. of such section. Such
regulations shall be promulgated not later than 6 months after the date
of the enactment of this Act.
(c) CONFORMING AMENDMENT. -- The table of contents at the beginning
of the Atomic Energy Act of 1954 is amended by inserting after the item
relating to section 148 the following new item:
"Sec. 149. Fingerprinting for criminal history record checks.".
(a) FINDINGS. -- The Congress finds that --
(1) international terrorism is and remains a serious threat to
the peace and security of free, democratic nations;
(2) the challenge of terrorism can only be met effectively by
concerted action on the part of all responsible nations;
(3) the major developed democracies evidenced their commitment
to cooperation in the fight against terrorism by the 1978 Bonn
Economic Summit Declaration on Terrorism; and
(4) that commitment was renewed and strengthened at the 1986
Tokyo Economic Summit and expressed in a joint statement on
terrorism.
(b) INTERNATIONAL ANTITERRORISM COMMITTEE. The Congress hereby
directs the President to continue to seek the establishment of an
international committee, to be known as the International Antiterrorism
Committee. As a first step in establishing such committee, the
President should propose to the North Atlantic Treaty Organization the
establishment of a standing political committee to examine all aspects
of international terrorism, review opportunities for cooperation, and
make recommendations to member nations. After the establishment of this
committee, the President should invite such other countries who may
choose to participate. The purpose of the International Antiterrorism
Committee should be to focus the attention and secure the cooperation of
the governments and the public of the participating countries and of
other countries on the problems and responses to international terrorism
(including nuclear terrorism), by serving as a forum at both the
political and law enforcement levels.
AND VISAS.
The Congress strongly urges the President to seek the negotiation of
international agreements (or other appropriate arrangements) to provide
for the sharing of information relating to passports and visas in order
to enhance cooperation among countries in combatting international
terrorism.
Existing sections of chapter 4: chapter 2
New sections of
Existing sections of chapter 4: chapter 3
Existing sections of chapter 4: chapter 3
Existing sections: New sections